TD claims Justice Department's review of prostitution legislation 'not independent'

Catherine Connolly said that completing the review internally is 'totally unacceptable'. File photo: Damien Storan

A review of prostitution legislation will not be independent following a decision by the Department of Justice not to hire an outside consultant to complete it, according to an independent TD.

Catherine Connolly has criticised a decision by the department to finalise the review internally, despite advertising last autumn for a replacement for the lead researcher on the project who stood down last summer.

Justice Minister Helen McEntee said in response to a parliamentary question by Ms Connolly: “In view of the research already undertaken and the work done compiling and analysing the submissions received, all of which have been made available to my department, 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.” 

She added that it would ensure that the review is completed without any further “undue delay”, and she expects it to be completed by the third quarter of this year.

The review was built into the 2017 legislation which criminalised payment for sexual activity with a prostitute, and paying for sexual activity with a trafficked person.

It also significantly increased penalties for brothel keeping — two or more sex workers selling sexual services from the same premises — to a €5,000 fine or a jail term of up to 12 months.

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Under the legislation, the review of the measures was to take place after three years. The review was to include an assessment of the impact of the Act on the welfare of those who engage in sexual activity for payment.

Last September, a tender was issued for a new lead researcher after the existing lead stepped back from the project following a mutual decision reached by her and the Department of Justice.

Catherine Connolly said that completing the review internally is “totally unacceptable”, adding: “It is particularly important that this review be carried out because ostensibly, it is about protecting women. But for the Department of Justice to carry it out is not helpful. It is not independent.” 

The Sex Workers Alliance of Ireland has also criticised the latest development, saying it “further raises concerns about the government's commitment to understanding the impact of the laws on sex workers' lives.”