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FactCheck: Would a new government bill really decriminalise sex workers?

FactCheck referees a dispute over a controversial new law.

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THE GOVERNMENT HAS been urged to move forward with its bill to reform the law on prostitution in Ireland.

At an event in Dublin on Wednesday, former sex workers and activists from the Turn Off the Red Light campaign, and an organisation called Space International, called for the immediate passing of the 2015 Sexual Offences Bill.

The Irish Times reported that Denise Charlton of the Turn Off the Red Light Campaign, claimed the legislation would protect sex workers by decriminalising them.

Does the bill really do that?

A group called Ugly Mugs, which facilitates information-sharing between sex workers, argues that the claim is false, and brought it to our attention on Twitter.

(Remember, if you see a factual claim you think is dodgy, email factcheck@thejournal.ie or tweet @TJ_FactCheck).

Claim: The new Sexual Offences Bill would decriminalise sex workers
Verdict: Mostly FALSE

  • The new bill would decriminalise public solicitation by sex workers, but…
  • It would retain the criminalisation of loitering by sex workers, and increase the penalties for it
  • It would retain the effective criminalisation of sex workers, under a provision on brothels, and increase the penalties for it.

What was said:

We reviewed an audio recording of most of Wednesdsay’s event in Dublin, and could not find an instance where Denise Charlton said what was attributed to her in the Irish Times article.

However, the statement could well have been made on the fringes of the event, or outside the audio recording available to FactCheck.

In any case, the Turn Off the Red Light coalition (TORL), which is largely led by the Immigrant Council of Ireland, has on several previous occasions claimed that the new bill would decriminalise sex workers and the sale of sex.

A press release accompanying Wednesday’s event stated:

The legislation will help to end prostitution and sex trafficking in Ireland by criminalising the purchase of sex and decriminalising the sale of sex. [Emphasis added].

On its website, TORL describes the legislation in this way:

As it stands, the bill includes laws to criminalise the purchase of sex, while explicitly decriminalising the sale of sex. [Emphasis added].

And elsewhere on its website, TORL provides a template which they suggest members of the public should use to lobby politicians in support of the bill. It states:

As my public representative I am asking you to support the criminalisation of the buyers of sex as outlined in the Sexual Offences Bill to end demand for these human rights abuses, while also decriminalising the sale of sex to ensure that no one exploited or forced into the trade faces prosecution. [Emphasis added].

THE FACTS

Prostitution laws report Yui Mok / PA Images Yui Mok / PA Images / PA Images

This is what the new bill envisions for the criminality of sex work in Ireland, which is currently largely governed by the 1993 Criminal Law (Sexual Offences) Act.

Public solicitation

Paragraph (a) of Section 1.2 of the 1993 Act is removed. This means a person who “offers his or her services as a prostitute to another person” is no longer treated as a person who “solicits or importunes for the purposes of prostitution”.

In essence, this removes sex workers from a list including buyers and “pimps”, to which other criminal sanctions apply.

For example, Section 7 of the 1993 Act, which would be kept under the new bill, says:

A person who in a street or public place solicits or importunes another person or other persons for the purposes of prostitution shall be guilty of an offence…

Since a person who “offers his or her services as a prostitute” would no longer be treated as someone who “solicits or importunes for the purposes of prostitution”, this means public solicitation by sex workers would no longer be a criminal offence.

This is an example of how the new bill would decriminalise sex workers.

Under the new bill, it would remain a criminal offence for a buyer or pimp to ‘solicit or importune’ for prostitution “in a street or public place”.

The punishment for that would remain a fine of up to €500 or a one-month jail sentence.

Loitering

Similarly, Section 8 of the 1993 Act authorises a garda to order someone to move on if it is believed they are loitering in public for the purposes of ‘soliciting or importuning’ for prostitution, and makes it a criminal offence to disobey that order.

But since sex workers themselves would no longer be treated as ‘soliciting or importuning’ for prostitution, this would suggest that the de facto ban on loitering would no longer apply to them.

However, and somewhat confusingly, the new bill would also add a criminal offence of loitering for the purposes of selling sex, in legislation where there was not an offence before.

Section 8 of the 1994 Criminal Justice (Public Order) Act authorises a garda to order someone to move on if they are regarded as loitering in public, in certain circumstances, and makes it a criminal offence to disobey that order.

The new bill would add a further scenario, namely where a garda suspects that a person:

(c) is acting in a manner which consists of loitering in a public place for the purpose of offering his or her services as a prostitute.

So while the new bill would mean it is no longer an arrestable offence for sex workers to solicit their services in public, it would, in effect, continue the effective ban on sex workers loitering on public streets.

And while sex workers would no longer be liable, under Section 8 of the 1993 Act, to a €500 fine and/or one-month jail term for loitering, they would now be liable, under Section 8 of the 1994 Act, to a €500 fine and/or six-month jail term for loitering.

Therefore the net result of the new bill, in this respect, is continuing criminalisation of sex workers, with increased punishments.

For context, Justice Minister Frances Fitzgerald has argued that the effective continued criminalisation of loitering by sex workers is necessary due to concerns that, without such a ban, “Gardaí would be left with no means of combating any public nuisance if sexual services were to be offered, for example, in a residential area”.

Brothel-keeping

Modern Slavery Act Dominic Lipinski / PA Images Dominic Lipinski / PA Images / PA Images

The new bill would retain the ban on brothel-keeping. It’s worth presenting it in full, from Section 11 of the 1993 Act:

A person who -
(a) keeps or manages or acts or assists in the management of a brothel,
(b) being the tenant, lessee, occupier or person in charge of a premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution, or
(c) being the lessor or landlord of any premises or the agent of such lessor or landlord, lets such premises or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel, or is wilfully a party to the continued use of such premises or any part thereof as a brothel,
shall be guilty of an offence…

Neither the 1993 Act, nor the new bill, defines what a “brothel” is.

As a result of this ambiguity, sex workers working together (in groups of two or more) for safety reasons, as well as the owners and operators of the kinds of premises typically understood to be brothels (commercial, non-residential premises), are arrested and prosecuted under this provision of Irish law.

In response to a parliamentary question in July, Justice Minister Frances Fitzgerald acknowledged that this section of the 1993 Act “can prevent persons offering sexual services from working together with others”.

And in response to a parliamentary question in December 2014, she described provisions in the new bill as specifically targeting the buyers of sex, “unlike the existing offences relating to prostitution such as soliciting, loitering or brothel keeping”.

This further underscores the reality that the current law on brothels has the effect of criminalising sex workers as well as those who “run” sex work in Ireland, but are not themselves sex workers.

The new bill would increase the penalties associated with this law from: a €1,000 fine and/or six-month jail term on summary conviction to; a €5,000 fine and/or one-year jail term on summary conviction.

Therefore, the new bill would maintain the effective criminalisation of sex workers in this respect, with an increase in the penalties they are liable to.

For context, Frances Fitzgerald has argued that this provision was kept in the new bill because:

…I am particularly concerned that any decriminalisation of brothel-keeping would create a legal loophole ripe for exploitation by the organised crime gangs involved in the trafficking and exploitation of women in prostitution.
Women would come under pressure to claim they were working independently when that is not the case and the Gardaí would be limited in the actions they could take to close brothels and disrupt the activities of criminal gangs.

It should be noted that the assertion that, without the provision on brothels, sex workers would be pressured into falsely declaring they are not under the control of a pimp, has been contested, including by Wendy Lyon, a solicitor who has acted on behalf of sex workers in Ireland.

She told FactCheck that sex workers are less likely to be reveal exploitation, when they are themselves liable to criminal prosecution. A further examination of the evidence around this specific issue goes beyond the scope of this FactCheck.

Turn off The Red Light Campaign 3 Denise Charlton (C) of the Turn Off the Red Light Campaign, with former sex workers and activists (L-R) Bridget Perrier, Fiona Broadfoot, Ne'cole Daniels and Rachel Moran. Robbie Reynolds Robbie Reynolds

Other provisions in the new bill, which don’t relate specifically to sex workers, but might be of interest:

  • Creates a specific criminal offence for paying for sex, by inserting a Section 7A into the 1993 Act. Punishment, on summary conviction, is a €500 fine for the first offence, €1,000 fine for all further offences
  • Increases the punishment for “pimping” from: €1,000 fine and/or six months in jail on summary conviction (Section 9, 1993 Act) to; €5,000 fine and/or one year in jail on summary conviction
  • Increases the punishment for living off the proceeds of (someone else’s) prostitution from: €1,000 fine and/or six-month jail term on summary conviction (Section 10.1, 1993 Act) to; €5,000 fine and/or one year in jail on summary conviction.

The bill also contains sections on child sexual abuse and child pornography, but these are beyond the scope of this FactCheck.

In response to a our request for evidence, Turn Off the Red Light told FactCheck:

Within the new Sexual Offences Bill 2015, those selling sex are implicitly exempt from the new offence introduced by part 4 of the said Bill, pertaining to the purchase of sexual services. In simple words, in the prostitution transaction those who are on the buying side are criminalised but those who are on the selling side are not.

As this FactCheck has explained, this is largely untrue. “Those who are on the selling side” (i.e. sex workers themselves) are still liable to criminal conviction for loitering in public, and working with other sex workers indoors, under the provision on brothel-keeping.

TORL appeared to acknowledge the continued criminalisation of sex workers under the loitering provision, adding:

There is a provisional amendment to the Public Order Act [the 1994 Act], which leaves those outdoors open to a penalty. All of the members of TORL continue to advocate for full decriminalisation of women/people in on-street prostitution and are working with all the political parties and relevant agencies to achieve this.

Conclusion

  • It is true that the new bill would decriminalise public solicitation by sex workers.
  • However, the bill would also effectively maintain the criminalisation of loitering by sex workers, and effectively increase the penalties associated with it.
  • And the retention of the provision on brothel-keeping would maintain the de facto criminalisation of sex workers, and increase the penalties associated with it.

On balance, we find the claim, that the 2015 Sexual Offences Bill would decriminalise sex workers, Mostly FALSE.

The bill certainly criminalises buyers and pimps, but in two out of the three relevant areas of law, it also retains the criminalisation of sex workers, and increases the penalties to which they are liable.

To read the 2015 Criminal Law (Sexual Offences) Bill in full, click here.
To read the 1993 Criminal Law (Sexual Offences) Act in full, click here.
To read the 1994 Criminal Justice (Public Order) Act in full, click here.

Send your FactCheck requests to factcheck@thejournal.ie

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69 Comments
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    Mute David Huston
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    Jan 8th 2018, 8:01 AM

    Three stories in a row about Sinn Fein, its almost like someone is trying to control the mindset of the people,Any updates on the pay increases TDs awarded them self’s.

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    Mute David Huston
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    Jan 8th 2018, 8:22 AM

    @Fomorian: Your anti sinn fein bias is apparent in your comment,But you lack of facts is deliberate,no sf member shot anybody as you well know, leobots are not great with the truth.

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    Mute David Huston
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    Jan 8th 2018, 8:48 AM

    @Fomorian: “not once stated anything suggestive of support for any political party” – Typical Leobot retort, or maybe your a DUPer

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    Mute EdgeOfTheWorld
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    Jan 8th 2018, 8:54 AM

    @frank murphy: Barry, seek some professional help.
    Your state of mind cannot be good for you.

    22
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    Mute EdgeOfTheWorld
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    Jan 8th 2018, 9:02 AM

    @frank murphy: Barry, you come across as a hysterical adolescent idiot here at the best of times.
    Then again…….

    21
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    Mute David Huston
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    Jan 8th 2018, 11:33 AM

    @Nick Allen: it must be time to take your meds.

    11
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    Mute Shane Molloy
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    Jan 8th 2018, 2:52 PM

    @EdgeOfTheWorld: Remind him of his drinking habit….he does be yapping about it in other articles. Clown blocked me

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    Mute Roger Poles
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    Jan 8th 2018, 8:37 PM

    @David Huston: leo was protecting irish interests in the brexit negotiations and good Friday agreement while one of the me fein good for nothing MPs be littles the victims of innocent people killed years ago. Do nothing only give out no solutions. Martin mcguinness was the only one of that crowd had some common sense since his passing sein fein has lost the run of itself out of their debth good for nothing. Mary Lou bag of wind is no better

    1
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    Mute Mark Gearey
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    Jan 10th 2018, 4:42 PM

    @David Huston: Are people not allowed to just hate SF anymore. I hate em. And I’ve never voted for anyone other than, Workers Party, independents, or Labour. I hate FF and FG too. And the DUP don’t exist where I live thank fup.

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    Mute Honeybadger197
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    Jan 8th 2018, 7:53 AM

    “Nominations” ;)

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    Mute Harry Whitehead
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    Jan 8th 2018, 8:22 AM

    @Honeybadger197: “I’ve got no strings /
    To hold me down /
    To make me fret, or make me frown /
    I had strings /
    But now I’m free /
    To do as Jorry tells me”

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    Mute Honeybadger197
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    Jan 8th 2018, 8:25 AM

    @Harry Whitehead: lol. Nice one.

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    Mute EdgeOfTheWorld
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    Jan 8th 2018, 8:45 AM

    @frank murphy: Sooooo bitter, Barry.

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    Mute Christy Nolan
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    Jan 8th 2018, 10:57 AM

    @Honeybadger197:
    First time vote for SF. Can’t afford a mortgage and my mother is still on a hospital waiting list.
    It makes perfect sense not to vote for the government of the past decade.

    28
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    Mute John Mc Donagh
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    Jan 8th 2018, 11:00 AM

    @Harry Whitehead: Hilarious and factual—Great comment!

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    Mute The Risen
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    Jan 8th 2018, 11:02 AM

    @Christy Nolan: SF will be getting my 2nd preference vote. I’ll be ignoring the supporters of the party who wrecked the economy and the party currently wrecking society trying to convince me that voting for left leaning candidates is a bad idea.

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    Mute Paddy
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    Jan 8th 2018, 12:57 PM

    @The Risen: your only fooling yourself.

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    Jan 8th 2018, 5:14 PM

    @Paddy: * You’re

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    Mute Pascal Coleman
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    Jan 8th 2018, 7:54 AM

    The first 3 “news” items this morning are about Sinn Féin. Just a slow day……. or is this becoming an obsession for Journal writers?

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    Mute Malachi
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    Jan 8th 2018, 8:00 AM

    @Pascal Coleman: Well… three significant things involving Sinn Féin did happen/are happening today, were they supposed to refrain from reporting them to spare hurt feelings or something? Defeats the point of news, doesn’t it?

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    Mute Robert Harris
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    Jan 8th 2018, 8:15 AM

    @Pascal Coleman: slow start for shinners comments on here ,then it’s 8 o’clock early for shinners to be out of bed

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    Mute EdgeOfTheWorld
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    Jan 8th 2018, 8:48 AM

    @Pascal Coleman: As Oscar Wilde once said, the only thing worse than being talked about was NOT being talked about.
    SF has FFG worried, otherwise they’d be ignored.

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    Mute Jane
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    Jan 8th 2018, 9:36 AM

    @EdgeOfTheWorld: yeah you’re right, it has absolutely nothing to do with what is actually going on with SF at the moment. It’s all a big conspiracy.
    Why won’t the media stop being such big meanies to SF?

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    Mute Shane Molloy
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    Jan 8th 2018, 12:18 PM

    @Pascal Coleman: it’s click bait for Frank & Co.
    It’s like a cartoon at times

    2
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    Mute John Mc Donagh
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    Jan 8th 2018, 2:17 PM

    @Pascal Coleman: AND they’re largely relating to the murders of innocent people!

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    Mute EdgeOfTheWorld
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    Jan 8th 2018, 2:39 PM

    @John Mc Donagh: Like Mary Boyle, Fr. Niall Molloy etc etc?

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    Mute Unitedpeople
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    Jan 8th 2018, 8:11 AM

    It won’t make a blind bit of difference.
    The Fine Gael newsletter (Irish Independent) will still regular carry more stories on its front pages attacking that parry more so than the rest.
    The head might have changed – the D.O.B. media tactics won’t.

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    Mute Unitedpeople
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    Jan 8th 2018, 8:23 AM

    @frank murphy: I’m NOT a SF fan but even if they gave away free money, the Fine Gael newsletter would still try dig up something.

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    Mute Sam Alexander
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    Jan 8th 2018, 8:26 AM

    @Unitedpeople:
    SF gets too much media exposure. No matter what other party is involved in the news it is always Adams’s photo that heads the article. Similarly any misfortune that happens in a community the media always go to a SF councillor for comment.

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    Mute Fomorian
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    Jan 8th 2018, 8:32 AM

    @Unitedpeople: Isn’t that what Sinn Féin’s whole campaign is based upon? Giving free money to those who do nothing to deserve it….

    36
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    Mute EdgeOfTheWorld
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    Jan 8th 2018, 8:49 AM

    @Fomorian: Not sure anyone in SF is best buddies with Maltese tax evaders.

    29
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    Mute Unitedpeople
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    Jan 8th 2018, 9:39 AM

    @Walt Jabsco: Unlike the present lot in government that is writing its own rules and laws, unconstitutionally signing us up to the EU arms – and then will be spending €3,000,000,000+ in 2010 on weapon spending?

    Not defending any illegal robbing by any side – by is the legal side any better by another shower?

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    Mute Unitedpeople
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    Jan 8th 2018, 9:40 AM
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    Mute EdgeOfTheWorld
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    Jan 8th 2018, 2:40 PM

    @Sam Alexander: That paranoia is getting the better of ya.

    2
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    Mute Marty Gormley
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    Jan 8th 2018, 8:01 AM

    Hard to look past Barry Mcelduff for the leadership

    62
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    Mute Robert Harris
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    Jan 8th 2018, 8:18 AM

    @Marty Gormley: he has one of the best advantages of being leader,memory loss

    33
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    Mute Willy Malone
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    Jan 8th 2018, 8:19 AM

    One can feel the fear from media… Wind of change bringing that odour ;)

    39
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    Mute Christy Nolan
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    Jan 8th 2018, 11:06 AM

    @Willy Malone:
    This a orchestrated plan to keep the Trolley Scandal off the agenda.

    19
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    Mute Jane
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    Jan 8th 2018, 11:38 AM

    @Christy Nolan: off the agenda? There’s not a person in the country that doesn’t know we have a major crisis with our health service. People are able to process more than one story at a time.

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    Mute Chris Kirk
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    Jan 8th 2018, 11:48 AM

    @Willy Malone: A wet fart you mean….

    3
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    Mute EdgeOfTheWorld
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    Jan 8th 2018, 2:20 PM

    @Jane: Is that why you and your ilk run away from all articles about how FFG are failing the people of Ireland?

    5
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    Mute The Dublinist
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    Jan 8th 2018, 7:53 AM

    Arlene foster might put her name down for the craic.

    39
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    Mute James Beattie
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    Jan 8th 2018, 9:07 AM

    @frank murphy: you could be right there Frank. It seems it is the same with all parties. The overall majority of members in FG voted for Simon Coveney for FG leader yet Leo got the job. It is hard to know which is worse, give the people a vote and then ignore the voting results or not give them a vote at all.

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    Mute Robert Harris
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    Jan 8th 2018, 9:17 AM

    @The Dublinist: why not two cheeks of the same @rse

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    Mute James Beattie
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    Jan 8th 2018, 9:27 AM

    @frank murphy: you could be right there Frank. It seems it is the same with all parties. The overall majority of members in FG voted for Simon Coveney for FG leader yet Leo got the job. It is hard to know which is worse, give the people a vote and then ignore the will of the people or not give them a vote at all.

    1
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    Mute Unauthorised Comment
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    Jan 8th 2018, 9:29 AM

    @frank murphy: you could be right there Frank. It seems it is the same with all parties. The overall majority of members in FG voted for Simon Coveney for FG leader yet Leo got the job. It is hard to know which is worse, give the people a vote and then ignore the will of the people or not give them a vote at all.

    17
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    Mute Chris Kirk
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    Jan 8th 2018, 11:50 AM

    @The Dublinist: Now that really would be funny, and she would probably win hands down….shady lady.

    3
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    Mute Jim Buckley Barrett
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    Jan 8th 2018, 9:40 AM

    Why do I get the feeling the Leader has been picked already and this is only a exercise for the public interest….

    29
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    Mute Rob Cahill
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    Jan 8th 2018, 11:56 AM

    @Jim Buckley Barrett: Because FG did the same thing a few months ago?? Politics is a filthy business no matter which party.

    12
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    Mute JJ O Riordan
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    Jan 8th 2018, 10:09 AM

    Congratulations to the blessed virgin Mary Lou on being voted the new leader/chief of staff.

    17
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    Mute Donal Carey
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    Jan 8th 2018, 9:52 AM

    Well I have read all the negative comments about Sinn Fein their so stupid not worth my time . So back to reality Fine Gael ,FIANNA Fail , Labour ,Social Democrats ,The Greens , a bunch of Independents we have seen how all those Party’s have performed the state of the HSE ,Social Housing won’t have room on my page to mention them all. Sinn Fein are the party for the future so whoever leads good luck to them .

    32
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    Mute Robert Harris
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    Jan 8th 2018, 10:54 AM

    @Donal Carey: How’s power sharing going up Nord,no problems with the health service ,no one sleeping rough ,or are you too busy putting bread on your head to be doing real work

    21
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    Mute Casper
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    Jan 8th 2018, 11:12 AM

    @Robert Harris:

    North

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    Mute Shane Molloy
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    Jan 8th 2018, 12:41 PM

    @Robert Harris:
    The DUP cannot stick to the good Friday agreement.
    It’s not in their DNA to accommodate a side show like the Irish language act. It’s nothing tangible really but they couldn’t stomach anything different in the orange state for the orange people. AKA bigotry with a slap in the face.
    So how can you deal with them in a government.
    Can only imagine the behind the scenes childishness behaviour

    5
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    Mute Donal Carey
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    Jan 8th 2018, 12:46 PM

    @Robert Harris: who is talking about the North of Ireland we are talking about the South of Ireland come back when there is a United Ireland which is not to far away.

    4
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    Mute joe celtic 1888
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    Jan 8th 2018, 8:18 AM

    West Belfast lol

    11
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    Mute Liberal Larry
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    Jan 8th 2018, 10:05 AM

    It would appear that Cianan just checked the Paddy Power website and didn’t properly research the story, lazy journalism…
    Doherty has not put his name forward.

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    Mute Karl Phillips
    Favourite Karl Phillips
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    Jan 8th 2018, 7:52 PM

    Maybe that spacer going around with the bread balanced on his head will put his name in the ring, shocking people who pretend to represent the under privileged, you will be found out in the end as failures as well !!

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    Mute Deano Cracow
    Favourite Deano Cracow
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    Jan 9th 2018, 2:04 AM

    There is only one possible choice for leader. Barry McElduff. You know he is the right choice if you know what side your bread is buttered on. Towers above the rest

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    Mute Joe Kemmy
    Favourite Joe Kemmy
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    Jan 8th 2018, 5:26 PM

    Yes she is a shoe in,they do not seem to do leadership contests in SF

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