A LONG-AWAITED review into Ireland’s sex work legislation won’t be published until later this year, nearly four years after it was first due to be published.
Staff at the Department of Justice have been tasked with completing the report after numerous delays. It is due to be completed by Q3, Justice Minister Helen McEntee has confirmed.
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 following the death of that review’s original lead Norah Gibbons.
Earlier this month The Journal reported that the Department of Justice was exploring options to publish the report “without any further undue delay”.
McEntee has now said that staff at her department will compile the report in the coming months.
“I have decided that the most efficient way to complete the review is for the Data and Research Unit in my department to draft the report using the material provided.
“I believe this approach will ensure the review is completed without any further undue delay and I expect it will be completed by Q3 of this year.”
The minister confirmed the updated timeline in response to a parliamentary question asked by independent TD Catherine Connolly.
Calls for new review
The Sex Workers Alliance of Ireland (SWAI) has criticised the latest delay and a lack of engagement with the group throughout the review process. SWAI believes a new review should be carried out.
Spokesperson Linda Kavanagh said it is of “vital importance” that sex workers’ views shape “policies that impact their lives”.
Meaningful inclusion of sex worker’s voices in this process was set out in the terms of reference but this has failed.
“Despite numerous requests, SWAI has not received any response regarding the review process, leading us to demand a scrapping and redoing of the review.”
Kavanagh added that the latest delay “further raises concerns about the Government’s commitment to understanding the impact of the laws on sex workers’ lives”.
Calls for decriminalisation
The Criminal Law (Sexual Offences) Act was contentious when it came into effect in 2017.
The legislation made paying for sexual services a criminal offence. Previously, paying for sexual services was only criminal if the person selling sex was either a victim of trafficking or a minor.
Under this law it is not an offence to receive money in exchange for sexual services. However, it is against the law to advertise such services.
SWAI has long called for the full decriminalisation of sex work, saying the current model puts workers at risk.
The Government promised to carry out a review of the 2017 Act within three years.
In the PQ reply, McEntee said it is “generally recognised 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”.
“A key purpose for the 2017 Sexual Offences Act was to provide additional protection to persons involved in prostitution, especially vulnerable persons and victims of human trafficking.
“It allows those engaged in prostitution to provide information to Gardaí, for instance if they were subjected to violence by clients, without fear of prosecution for selling sexual services.”
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