Bill to criminalise purchase of sex will not be passed before election

The Criminal Justice (Sexual Offences) Bill will not be passed by the Oireachtas before the dissolution of the Dáil, The Irish Times reports.

The bill, which was first published in November 2014, has not advanced far enough to complete all legislative stages and be signed into law before the election because of political opposition to provisions criminalising the purchase of sex.

Justice Minister Frances Fitzgerald had said the bill would create an “all-Ireland” approach by mirroring the legislative framework created by the Human Trafficking and Exploitation Act 2015 in Northern Ireland.

The bill creates an offence of paying for sexual activity with a fine of up to €500 for the first conviction and a fine of up to €1,000 for a second or subsequent conviction.

It also creates a separate offence of payment for sexual activity with a person who is known to have been trafficked, where the punishment is indictment for up to five years’ imprisonment and/or a fine.

A Government amendment submitted before the second stage debate also inserted provisions increasing the maximum sentence for the offence of brothel-keeping from six months to a year, and doubling the possible fine from €2,500 to €5,000.

Critics said that move would punish sex workers who live or work together for safety reasons.

Dublin solicitor Wendy Lyon, who specialises in sexual, reproductive and maternity rights, told Irish Legal News: “I’m glad to hear that the bill won’t be passed before the election. I expect the next government will reinstate it, but hopefully it will get a bit more scrutiny next time.

“At Seanad stage, the Minister brought in amendments that would increase penalties - including additional jail time - for people who sell sex. This was unnoticed or disregarded by nearly all the bill’s supporters in the Oireachtas, even though they claim to support the bill because they want to protect the women in prostitution.”