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LAST UPDATE | 25 Mar
THE LONG-AWAITED review into sex work legislation has been published – almost five years after its initial deadline.
A review of the Sexual Offences Act 2017 was built into the law to assess its impact on sex workers after three years.
The review was initially due to be published in 2020, but was delayed by the Covid-19 pandemic.
In summer 2021, solicitor Maura Butler SC was tasked with overseeing the review. She was originally due to publish her report within three months.
However, repeated delays occurred, including Butler being tasked with overseeing a separate review into murder-suicides.
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.
Previously, paying for sexual services was only criminal if the person selling sex was either a victim of trafficking or a minor.
And while it is not an offence to receive money in exchange for sexual services, it is against the law to advertise such services.
The Department of Justice said 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 sought to deter the demand for commercial sex, which the Department said is linked to both sexual exploitation and human trafficking.
“My position is that 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,” said Justice Minister Jim O’Callaghan.
He noted that the review has been “much anticipated by stakeholders in the domestic, sexual and gender-based violence (DSGBV) sector and others”.
The Department noted that the review highlights concern from advocates for decriminalisation of prostitution.
The Sex Worker Alliance Ireland (SWAI), which advocates for the human rights of sex workers, called for decriminalisation.
The review notes that SWAI was supported in this aim by a “number of other researchers, activists and organisations, including Amnesty International”.
It was suggested that removing the criminal offence of “brothel keeping” would allow sex workers to work together without penalty, for their own security.
“Conflicting views exist as to whether the law on brothels should be amended to acknowledge that it is safer for those who sell sexual services to work together on an equal basis, where no coercion from a third party exists,” reads the report.
SWAI advocated that the legislation on brothel keeping “negatively impacts the safety of those selling sex, in particular migrants”.
However, gardaí said it would “strongly oppose” the removal of brothel keeping as an offence and it was argued elsewhere that removing this offence “could unintentionally create an expansion of the market for sexual services”.
The review also 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.
There have been a total of 280 incidents of ‘payment for sexual activity’ since the introduction of the legislation in 2017.
These include limited power of arrest for detention and questioning, the requirement of an admission of guilt or “incontrovertible evidence of payment for sexual activity”.
According to An Garda Síochána, the DPP had directed 161 prosecutions for the offence of ‘payment for sexual activity’ from January 2017 up to August 2024.
Over that period, the Garda Pulse System indicated there have been 15 convictions under the legislation.
But despite calls from advocates for full decriminalisation, the review recommended for “enhancement of law enforcement capabilities” to be considered.
This includes examining “challenges such as the limited power of arrest for detention and questioning” and creating a system of on-the-spot fines, Fixed Charge Penalty Notices for the purchaser of sex.
It also recommended targeted action days and awareness campaigns on brothel keeping laws and for delivery on a commitment to train health and social care staff working in the HSE to identify potential victims of trafficking.
O’Callaghan noted that further consultation will be undertaken with gardai, the DPP and other stakeholders in relation to the recommendations of the review, which he said will require primary legislation.
The Justice Minister added that his “key focus is to reduce demand, protect those involved in the sex trade, and support those who wish to exit”.
“Regrettably, the Review highlights that despite the criminalisation of the purchase of sexual services, demand has not decreased.”
Amnesty Ireland described the review as a “missed opportunity”.
It called on the Minister to “respect the actual evidence and decriminalise the consensual exchange of sexual services between adults”.
Stephen Bowen, Executive Director of Amnesty International Ireland, said the law in Ireland “forces sex workers to live in a violent system and facilitates their abuse and exploitation, and increases stigma”.
He said the 2017 Act was progressed “despite evidence from other countries that a sex buyer criminalisation approach forces sex workers to take more risks with clients as they avoid the police, putting their lives and safety in jeopardy”.
He added that there was “little engagement or consultation with sex workers during the review” and that as a result, “there is no evidence base for much of what is claimed or proposed”.
Bowen meanwhile said that the brothel keeping offence “prevents sex workers from working together to ensure their own safety, and leaves them vulnerable to exploitation, eviction and homelessness”.
“The criminal law should instead be directed at those who exploit or coerce sex workers and commit violence against them, or who engage in or facilitate child exploitation or human trafficking,” he added.
“Criminalising those who buy sex is no solution,” said Bowen, “and to continue to pretend otherwise is a dereliction of the Government’s duty.”
He called for full decriminalisation and the removal of third party offences “not involving abuse, coercion or exploitation”.
“This will allow Garda resources to be directed at real violence, not surveilling and harassing sex workers.”
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