A law criminalising the buying, but not the selling, of sexual services has proven difficult to enforce and has not reduced demand for such services, a review has found.
It noted that gardaí and the Director of Public Prosecutions (DPP) have encountered significant barriers in enforcing the 2017 law, introduced with a view to deterring the demand for commercial sex, which has been linked to exploitation and human trafficking.
Annual recorded crime data since the law was introduced showed a total of 280 incidents of “Payment etc for Sexual Activity with a Prostitute”. Of 161 prosecutions directed by the DPP for that offence from January 2017 to last August, Garda Pulse records showed just 15 convictions.
Minister for Justice Jim O’Callaghan on Tuesday published the 111-page review of the operation of Part 4 of the Criminal Law (Sexual Offences) Act 2017, which amended section 7 of the Criminal Law Sexual Offences Act 1993.
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The Minister said “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”.
He said his “key focus” was “to seek to reduce demand, protect those involved in the sex trade, and support those who wish to exit”.
The 2017 law decriminalised the sale of sex, criminalised its purchase, and increased the penalty for brothel-keeping. The aim was to shift the legal burden towards those who buy sex with the intent of protecting those most at risk within the sex industry.
The review found that, overall, the Act has made “meaningful progress” towards its objectives, but it identified “key areas” for improvement subject to provision of required policy interventions and support services.
The ability to successfully support and protect those providing sexual services is hindered by a lack of culturally appropriate support services including healthcare, social welfare, gender-specific housing for women, and clear exit routes, the review found.
Identified challenges to effective enforcement of the legislation include Garda resources, limited power of arrest for detention and questioning, the requirement of an admission of guilt, and challenges in prosecution due to the necessary “proofs”.
The prevalence of human trafficking among those involved in the sale of sex in Ireland is not fully known, it noted.
Opponents of section 7A, the review said, had claimed its introduction has negatively impacted on the safety and wellbeing of sex workers and is exposing them to more dangerous clients. Supporters of the provision argued that safety issues were ever present.
Various policy developments since 2017 have collectively strengthened the legislative and support structure surrounding section 7A, the report notes, and these have created a “more cohesive and integrated” approach to addressing domestic, sexual and gender-based violence here, it said.
The developments provide “significant opportunities” to overcome some of the identified challenges, it noted.
