Domestic, Sexual and Gender-based Violence

Dáil Éireann Debate, Tuesday - 18 April 2023

Tuesday, 18 April 2023

Questions (45)

Catherine Connolly

Question:

45. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 34 of 6 December 2022, the status of the independent review of Part 4 of the Criminal Law (Sexual Offences) Act 2017, which was due for completion by the end of 2022; the reason for the delay; if the review has been completed to date; if he has received the final report to date; the expected timeline for the publication of the final report; and if he will make a statement on the matter. [17287/23]

Oral answers (8 contributions)

Deputy Catherine Connolly

My question is very specific. I ask about the status of the independent review of Part 4 of the Criminal Law (Sexual Offences) Act 2017. I ask this because under that Act there is an obligation on the Minister for Justice to carry out an independent review and report three years after the Act came into operation. We are years behind now. We have been given many dates, none of which have been complied with. We were told it would be ready in quarter 3 of 2021, early 2022, mid-2022, end of 2022 and finally sometime this year. I ask the Minister to tell me specifically where the report is.

Deputy Simon Harris

It is a fair question and I somewhat share the Deputy's frustration. I have voiced similar frustration, as have my colleagues. In July 2020, departmental officials contracted an independent expert to undertake the review of Part 4 of the Criminal Law (Sexual Offences) Act. Significant work was completed cataloguing the submissions received under the Part 4 review, which, as the Deputy said, was a requirement. The study lead was also asked to take over another review we discussed a while ago, the familicide review, after the untimely death of Norah Gibbons who had been leading that review. As a result, the timeline for completing the Part 4 review was delayed. The familicide review has now been completed and that final report has been submitted. Therefore, the study lead has now been able to turn her attention back to completing the Part 4 review. While the review is independent of the Department, I have been assured that she expects to be in a position to present the outcome of the review very shortly. I accept that the Deputy would like to know what "very shortly" means. I can assure her that as soon as I have absolute clarity on that, I will be very happy to share it with her. I have also instructed my officials to provide additional support to the study lead if needed to assist with the finalisation of the report, while, of course, respecting fully the independence of the review and the autonomy of the study lead. I have been in contact with the study lead on the work and have been assured that it is nearing completion. I have met them directly on this matter.

The Deputy is aware that the key purpose of the Criminal Law (Sexual Offences) Act 2017 is to provide additional protections to persons involved in prostitution, especially vulnerable persons and victims of human trafficking. The Act allows those engaged in prostitution to provide information to An Garda if they, for instance, are subjected to violence by clients, without fear of prosecution for selling sexual services. Section 27 provides for the review to which the Deputy's question refers. As already stated, my Department commissioned an independent consultant to undertake the statutory review. I assure the Deputy, and I say this categorically, that I am very anxious to receive the report in order that consideration can be given to advancing any recommendations needed to further strengthen the protection for persons who engage in sexual activity for payment.

Deputy Catherine Connolly

There was a legal obligation to carry out the review. The terms of reference specifically stated that the purpose of the review was to discover the information that exists regarding the number of arrests and convictions and the impact of the legislation, and whether it was doing what it was supposed to do to protect sex workers on the ground. We have criminalised the purchase of sex. From any of the information I have obtained and from various reports I have read, this has reduced the level of safety among sex workers.

I have a difficulty in that the legal obligation to carry out a review has not been complied with. The various reports from Northern Ireland, from the University of Limerick and from Amnesty International - which I may have a chance to come back to in my second contribution - all suggest that sex workers have become more endangered as a result of what has happened. In the context of Northern Ireland, the research has highlighted the prevalence of the consequences of what has happened regarding the legislation there. I will come back to this topic in my second contribution.

Deputy Simon Harris

I completely assure the Deputy that the legal obligation to carry out a review of this was taken extraordinarily seriously by my Department. The review was commissioned and an independent expert was appointed. While I share the Deputy's frustration, I have outlined the reasons as to why there was a delay and the additional efforts my Department has made to ensure that the review can be brought to a conclusion as quickly as possible. I am as anxious to receive this review as the Deputy is, and I note her frustration.

While it was for the experts to design the precise methodology for engaging with stakeholders as part of the review, the terms of reference explicitly confirmed that the participation and inclusion of persons engaged in prostitution and those who have been the victims of human trafficking need to be sought. To address the Deputy's point, this was to ensure that the voices of those with lived experiences would be heard. An online survey was used as part of the public consultation process. Written submissions were invited from individuals and stakeholders. The review is being conducted independently of the Department. The Department did not review any submission received or participate in any of the engagements. The terms of reference relating to the review are in place. The Deputy is aware that Part 4 of the of Criminal Law (Sexual Offences) Act introduced two new offences, namely, paying for sexual activity with a prostitute and paying for a sexual activity with a trafficked person.

Deputy Catherine Connolly

I am not sure I had the privilege of getting the reply when I was in the Chair. It does not quite set out what the Minister is setting out here in the Chamber. I would appreciate if the Minister could clarify in writing what he is telling me in respect of how this was waylaid in order to do something else. This report was to be completed within three months in July 2020, and three months later it was not done. It is now 2023. At what point was there a request for an extension? Was that received in writing? Who considered it and what extensions were given? I am very conscious of the woman who was murdered recently in Limerick, allegedly by a client. I am also very conscious of what I am reading from the various reports, including the Amnesty International report "We Live Within a Violent System": Structural Violence Against Sex Workers in Ireland. The latter shows that the 2017 legislation has placed sex workers at higher risk of abuse and so on. I could quote other reports. I am asking the Minister how he can stand over the delay of almost three years in respect of a statutory obligation relating to a matter as serious as this.

Deputy Simon Harris

I cannot stand over the delay, and I am not seeking to do so. I am seeking to ensure that the report is progressed, finalised and published as a matter of urgency. I have acknowledged my frustration that it has not been forthcoming, and I have outlined the reason why it has been delayed.

As Leas-Cheann Comhairle, Deputy Connolly will know that in the context of oral parliamentary questions, what I say on the record of the House trumps any prepared material, so my answer is as my answer given.

Deputy Catherine Connolly

My problem is that I did not quite catch what the Minister said.

Deputy Simon Harris

I have a great deal of material. I was making the point that, and this is in no way to apportion blame to anybody, the study lead for this report, when they were commissioned to do this piece of work, was asked to also carry out the familicide review following the untimely passing of Norah Gibbons. She very kindly agreed to do that and put a great amount of effort into it. I am hoping to be at a point, as I said to the Deputy earlier, of bringing the familicide review forward and acting on its recommendations. That review took the study lead's attention off the work we are discussing. They are now back fully on it. In addition, I was assured by that person when I met them that the review is near to completion. Should they wish it, I will supplement their efforts by providing secretariat assistance to finalise the review. I can also put my reply in writing to the Deputy, as requested.