- Cabinet approval secured to publish review of legislation that made it illegal to purchase sex but legal to sell sex.
- Review highlights challenges facing An Garda Síochána and DPP in enforcing this legislation.
Cabinet approval has been secured to publish a review of the legislation that deals with the purchase of sexual services.
The Criminal Law (Sexual Offences) Act 2017 decriminalised the sale of sex, criminalised the purchase of sex, and increased the penalty provided for brothel keeping. The legislation was designed to shift the legal burden towards those who buy sex rather than the sellers, aiming to protect those most at risk within the sex industry.
The Review of the Operation of Section 7A of the Criminal Law (Sexual Offences) Act 1993, identifies areas for improvement which would allow the legislation to work better and achieve its aim of deterring the demand for commercial sex, which is linked to both sexual exploitation and human trafficking.
Here in Ireland, it is legal to sell sex, but illegal to purchase sex. This means that individuals involved in the sale of sex are no longer criminalised.
Prostitution is inherently exploitative of vulnerable persons, mainly women and girls, and many people are forced into prostitution, through trafficking, drug addiction, homelessness and poverty.
This Review has been much anticipated by stakeholders in the domestic, sexual and gender-based violence (DSGBV) sector and others, and is published today.
Among its findings, this review highlights challenges to the effective enforcement of the legislation in its current form, with An Garda Síochána and the Office of the Director of Public Prosecutions noting significant barriers. These include limited power of arrest for detention and questioning, the requirement of an admission of guilt and challenges in prosecution, due to the necessary ‘proofs’ required.
It also finds that the ability to successfully support and protect is hindered by a lack of culturally appropriate support services, including healthcare, social welfare, gender specific housing for women, and clear exit routes.
This review also notes that the prevalence of human trafficking among those involved in the sale of sex in Ireland is not fully known and the lack of reliable data is cited by both advocates for and opponents of section 7A.
The key focus on this issue is to seek to reduce demand, protect those involved in the sex trade, and support those who wish to exit.
The Review highlights that despite the criminalisation of the purchase of sexual services, demand has not decreased. The Review also points to recommendations to address this through awareness-raising; these are mirrored in the Programme for Government and the Zero Tolerance Strategy.
Certain recommendations will be considered in respect of law enforcement, and officials are consulting with An Garda Síochána, in this regard.
According to An Garda Síochána, the DPP had directed 161 prosecutions for the offence of ‘Payment etc. for Sexual Activity with a Prostitute’, from January 2017 up to August 2024.
Over that period, our police service recorded 15 convictions under this legislation.
This report is now available HERE
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