Dáil Éireann Debate, Tuesday - 7 July 2015
12. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will ensure that the criminal law (sexual offences) Bill 2015 changes the law to ensure that those engaging in prostitution are no longer criminalised. [27016/15]
Amharc ar fhreagraThis is a complex matter and I would like to point out some of the issues which arise. To that end, I assume what we are discussing is decriminalising those who offer their services as prostitutes and not the buyers, brothel keepers and pimps who would also fall under the category of 'those in prostitution'.
Firstly, I would like to remind the House that the General Scheme to the Criminal Law (Sexual Offences) Bill, which I published last November, includes proposals in the area of prostitution. There are two new offences of purchasing, in the context of prostitution, sexual services. As an additional means of combating the exploitation which is associated with prostitution, these offences specifically target the demand side of prostitution.
The first provision is a general offence of purchasing sexual services which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the more serious offence of purchasing a sexual service from a trafficked person and carries a potential penalty of up to 5 years imprisonment and/or a fine. In both cases, the person selling the sexual service will not be subject to an offence.
These new offences address recommendations contained in two reports of the Joint Committee on Justice, Defence and Equality - a report following a review of prostitution and a more recent report on domestic and sexual violence.
In conjunction with targeting the demand side of prostitution through these new offences, it is also very important that support and assistance is provided to those who wish to exit prostitution. My Department, through the Anti-Human Trafficking Unit, provides funding to Ruhama for the support of persons affected by prostitution. Funding of €225,000 was provided to Ruhama this year.
I am aware, however, that there are calls to further decriminalise the women and men who provide sexual services. The extent to which these women and men are currently subject to the criminal law is limited. Under existing law, there is an offence of soliciting, in a public place, for the purpose of prostitution and an offence of loitering, in a public place, for the purpose of prostitution. These offences apply to both a person who offers his or her services as a prostitute as well as to those who seek to obtain such services. These offences are targeted at addressing the public nuisances associated with this type of activity. Without understating the vulnerability of those involved in providing sexual services, there is also a public nuisance aspect to prostitution which must be addressed. There must be a balance.
I am also aware of the approach adopted in Northern Ireland where an offence of paying for sexual services of a person was recently introduced. The existing offence of loitering or soliciting for purposes of prostitution by persons offering such services was also repealed. Consequently, those who offer sexual services are no longer subject to any criminal offence under prostitution legislation. I am not convinced that a similar approach must be adopted in this State.
Nonetheless, I am aware of the concerns expressed by the groups who work with the women and men in this area and I take those concerns seriously. It is my intention to review possible alternatives which will recognise the exploitative nature of prostitution, continue to support women and men in exiting prostitution while ensuring any public nuisance concerns are addressed. Any proposals will require consideration by Government.
