The Department of Justice yesterday published a 111-page review of the legislative provisions introduced in 2017, which included a requirement for an independent review within three years.

The objective of the legislation was to “reduce the demand for the purchase of sex by criminalising the act of purchasing”, the report notes, drawn inspiration from the “Nordic model” which originated in Sweden.

While saying the legislation had “made progress towards its objectives”, the report noted that the “measurement of demand continues to be challenging due to the lack of official
and/or independent statistics being consistently and uniformly collected”.

It also identified “key challenges” for both An Garda Síochána and the Office of the Director of Public Prosecutions in enforcing the law.

These included “the resource intensive nature of identifying incidents, the limited power of arrest for the purposes of detention and questioning, the required admission of guilt, challenges in prosecuting due to the necessary ‘proofs’ and claimed inconsistency in sentencing”.

The review also highlighted an “ongoing, contentious debate surrounding the sale of sex and the most appropriate response”, with sex workers’ organisations telling the review that they opposed any form of criminalisation.

Commenting on the publication of the review, justice minister Jim O’Callaghan said: “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.

“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.

“This review has been much anticipated by stakeholders in the domestic, sexual and gender-based violence (DSGBV) sector and others.”

He added: “My 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.

“Regrettably, the Review highlights that despite the criminalisation of the purchase of sexual services, demand has not decreased. The Review points to recommendations to address this around awareness raising; these are mirrored in the Programme for Government and the Zero Tolerance Strategy.

“In addition, certain recommendations will be considered in respect of law enforcement, and my officials are consulting with An Garda Síochána in this regard.”

A similar ban on the purchase of sex was introduced in Northern Ireland in 2015, along with a requirement to conduct a review of its operation within three years.

The review, carried out by researchers at Queen’s University Belfast, was published in 2019 and concluded that it had “minimal to no effect” on the market.