Dáil Éireann Debate, Tuesday - 20 October 2015
113. Deputy Mick Wallace asked the Minister for Justice and Equality if she is satisfied that her Department's plans for the criminalisation of the purchase of sex are truly in the interest of those working in the sex industry, particularly given the recently publicised stance of Amnesty International calling for the decriminalisation of prostitution; and if she will make a statement on the matter. [35252/15]
Amharc ar fhreagraAs we know, sex workers are one of the most vulnerable groups in society and need to be protected. Most international groups agree that the decriminalisation model is the only one that actually protects sex workers. Sadly, however, this Government has decided to push ahead with an agenda which will push the industry further underground, making it even less safe for the people involved. We are dealing with a decision that affects the human rights of vulnerable groups and I ask the Minister if she has undertaken any research into alternative legal models, such as the one in New Zealand.
I thank Deputy Wallace for his question. The Criminal Law (Sexual Offences) Bill 2015 is currently before the Seanad and will be coming before this House in due course, when I have no doubt that we will have a full opportunity to debate this issue. Clearly, there are different views on the management and handling of these issues and we will have an opportunity to discuss them. I do not want to prejudge the debate but I am sure it will be an interesting one. The debate has already started in Seanad Éireann.
The proposals in the legislation have been developed following extensive consultation, initiated by my Department, dating back to 2012. The new offences implement the recommendation of the Oireachtas Joint Committee on Justice, Equality and Defence which called for the introduction of an offence criminalising the purchase of sexual services. The purpose of introducing these provisions is primarily to target the trafficking, which is very extensive, and sexual exploitation of persons through prostitution. There is a very strong association between the trafficking of young women and girls into this country and prostitution and this legislation is targeting that situation.
I have considered all sides of the debate and my Department has examined the research. We have engaged in extensive consultation and there is very successful implementation and research to prove it. I have met people who have been involved in the implementation of similar legislation in Sweden. I have also met the rapporteur who completed an extensive report on the issue in Sweden. She visited Ireland recently and addressed a seminar on the matter. Both the Council of Europe and the European Parliament have made recommendations in this regard too. On the basis of that research I have decided that this legislation is the way to go forward. We need to combat trafficking and its drivers, as I am sure Deputy Wallace will agree. There is a lot of evidence of wider exploitation of persons involved in prostitution, outside of those trafficked, such as those coerced or otherwise forced through circumstances, to engage in it.
I accept the point the Deputy makes about the vulnerability of sex workers which is why I have increased the funding for organisations working directly with them.
Interestingly, these organisations also recommended this type of legislation. For example, Ruhama, the group which has done most of the work in this area, recommended and strongly supports the actions I am taking in the Bill. I agree with the Deputy on the issue of vulnerability and the need for additional action and work to support women who wish to exit prostitution.
According to a report by the United Nations special rapporteur on the right to health published in 2010, "the conflation of consensual sex work and sex trafficking in such legislation leads to, at best, the implementation of inappropriate responses that fail to assist either of these groups in realising their rights and, at worst, to violence and oppression."
The Minister stated that consultation took place. Did she speak to sex workers? It is important she does so because I understand they were not properly consulted. If she insists on proceeding with the legislation, I implore her to ensure it is based on proper research. I do not believe proper research has been done in this jurisdiction. Research done in Belfast found that sex workers did not believe that the criminalisation of the purchase of sex would do them any favours in any circumstances. This legislation needs to be carefully considered before it proceeds.
I met and held discussions with representatives of the sex workers association. I also examined all the research on this issue. The Council of Europe and European Parliament, for example, did a large amount of research and the Joint Committee on Justice, Defence and Equality examined and made recommendations on the matter. While I accept that there are different views and reports on the issue, I have outlined the reasons I have taken my decision. The Assembly in the North introduced similar legislation which was supported by a large majority. This is the right direction in which to move in terms of an all-island response.
