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Ireland's political and cultural magazine
February 2015 31
B
UYING sex is not illegal in Ireland. Neither is
selling sexual services. The law protects these
transactions as agreements between consenting
adults.
Some activities associated with prostitution are
outlawed, however, as public order offences. These
include curb-crawling, soliciting in public, loitering in
public places, brothel-keeping and living off immoral
earnings.
Until passage of the 1993 Sexual Offences Act, most
female prostitutes worked on the streets, but, since this
time, brothels marketed as escort agencies have been
the most prevalent form of prostitution. Advertising
in print publications is illegal, but a very developed
Internet market prevails.
Last November, the Minister for Justice Frances
Fitzgerald finally published the Sexual Offences Bill
(the “Heads”) which will make buying sex illegal, finally.
Ruhama recognises this legislation as a landmark step
for the Government in the fight against exploitation of
prostitution and sex trafficking. However, there is a
gap in the legislation which, if filled, could enormously
enhance the positive impact on the most vulnerable in
prostitution; the policing of the Bill and the overall nor-
mative message about prostitution the Bill will convey
to the public.
The Heads of the Bill are extensive, running to 101
pages, and will undoubtedly evolve before becoming
law. They cover many important areas including very
welcome measures to address child grooming and
exploitation and child pornography. This article will,
however, focus on Heads 10 and 11 of the Bill: offences
of purchasing sexual services.
We have advocated for legislation to reflect societal
compassion towards those prostituted for the sexual
satisfaction of a small minority of Irish men. Only one in
15 men in Ireland purchase sex compared to far higher
numbers in other jurisdictions. In Spain it’s one in three.
And yet every day we witness the misery perpetuated
by this small cohort, and the organised criminals who
are largely responsible for ensuring that there are suf-
ficient women available to service them.
Minister Fitzgerald stated of Heads 10 and 11 when
launching the Bill: “I strongly believe that this pro-
posal…sends a clear message that purchasing sexual
services contributes to exploitation… The proposal …
reflects an All-Island consensus to targeting the pre-
dominantly exploitative nature of prostitution”.
This gives a strong indication of the intention to pro-
tect the most vulnerable. The sentiments echo those of
the Joint Oireachtas Justice Committee that produced the
report unanimously recommending legislation address-
ing the demand for prostitution (the buyer) and the
problems of organised crime (pimps, traffickers etc).
The statement accompanying the launch of the Bill
clearly states that, in respect of any offence for purchas-
ing sex: “The persons selling the sexual service will not
be subject to an offence”. This will protect those in indoor
prostitution, but there is a need to repeal the soliciting
offence for selling sex in on-street prostitution contained
in the 1993 Criminal Law (Sexual Offences) Act.
Similar legislation in Sweden, Norway, Iceland (known
as the ‘Nordic approach’) and in Northern Ireland where
it has just been introduced, criminalises the buyer while
also taking the critical step of explicitly decriminalis-
ing those vulnerable persons working in prostitution.
This is on the premise that no
one should face conviction for
their own exploitation. Irish law
will not truly reflect the ‘Nordic
approach’ if those in prostitution
on the streets are not also pro-
tected from criminalisation.
The Human Trafficking and
Exploitation Act in Northern
Ireland, included a declaration
that those in prostitution are
not liable for an offence for sell-
ing sex, and also repealed the
existing soliciting offence for the
‘seller’ in on-street prostitution.
The law importantly maintains
the ‘kerb-crawling’ offence.
There was cross-party support
there for the provision.
The approach of targeting only
the buyer in an ‘on street’ setting
in the Republic has already proved effective in practice
in North Dublin. Through ‘Operation Kerb’ Gardaí in
Dublin 7 targeted sex buyers ‘on-street’. At the same
time they took a more compassionate approach to vul-
nerable people in prostitution. Rather than arresting
women Gardaí engaged with them and made referrals
to local drugs projects, support and health services (if
women themselves requested this).
This approach had the positive impact of supporting
the sharing of intelligence from women who felt more
empowered to speak to the Gardaí about a number of vio-
lent offenders targeting those in prostitution. Making
the law clearer in its express intent to tackle demand
and protect the vulnerable would support expanding
efforts by An Garda Síochana nationally to work from a
human rights perspective with persons in prostitution,
indoors or outside. •
Sarah Benson is CEO of Ruhama
The Sexual
Offences
Bill which
criminalises
purchase needs
tweaking to
reflect the Nordic
approach
Decriminalise outdoor prostitution
SARAH BENSON
Decriminalisng
the prostitute
could
enormously
enhance
the positive
impact on
the most
vulnerable in
prostitution
“
