Dáil Éireann Debate, Tuesday - 15 February 2022
556. Deputy Neasa Hourigan asked the Minister for Justice if her attention has been drawn to a report (detail supplied); her views on the recommendations contained therein; and if she will make a statement on the matter. [7455/22]
View answer580. Deputy Catherine Murphy asked the Minister for Justice if her attention has been drawn to a report by an organisation (details supplied); and if she and or her officials plan to adopt the recommendations contained within the report in the context of planned and or proposed strategies and or legislative changes. [7734/22]
View answerI propose to take Questions Nos. 556 and 580 together.
Officials from my Department are among those who were interviewed by the organisation that prepared the report referred to by the Deputy.
It is generally recognised that prostitution is inherently exploitative of vulnerable persons, mainly women and girls, and that many people are forced into prostitution through trafficking, drug addiction, homelessness and poverty.
The Criminal Law (Sexual Offences) Act 2017 removed those who offer their services as a prostitute from the existing offences of soliciting for the purpose of prostitution and criminalised the purchase of sex.
A key purpose for the 2017 Sexual Offences Act was to provide additional protection to persons involved in prostitution, especially vulnerable persons and victims of human trafficking. It allows those engaged in prostitution to provide information to Gardaí; for instance if they were subjected to violence by clients, without fear of prosecution for selling sexual services.
Section 27 of the 2017 Act provides for a review of Part 4 of the Act three years after its commencement. The goal of the legislation is to protect vulnerable persons and, in this context, the review will include consideration of whether further measures are needed to strengthen protection for persons who engage in sexual activity for payment.
The terms of reference for the review explicitly state that persons engaged in prostitution and persons who have been victims of human trafficking will be sought to participate in the review so that their views and experiences can be taken into account.
The review of Part 4 is being carried out by an independent expert and is ongoing.
While the review is independent of the Department, the expert has advised that she expects to be in a position to present the outcome of the review by the end of Q1 or the beginning of Q2 of this year.
I will carefully examine any recommendations of the review once it has been completed and progress appropriate actions to address the issues identified.
Officials in my Department are also working on a legislative amendment to expunge previous convictions for ‘sale of sex’, or prostitution offences. This is a significant step in recognising and responding to the needs of victims of sex trafficking, and those forced to provide sexual services, which will include people trafficked into Ireland for that purpose.
Separately, last year the Government approved plans to revise the National Referral Mechanism (NRM) to make it easier for victims of human trafficking to come forward, be identified, and facilitate their access to advice, accommodation and support.
Currently, when suspected victims of human trafficking are encountered by, or referred to, An Garda Síochána, they are provided with a wide range of services by both the Government and NGOs through the NRM. The new approach acknowledges that other state bodies and NGOs have a role in identifying victims of human trafficking and referring them to An Garda Síochána.
