Government approves legislation to ban sex-for-rent offers and adverts

Under the legislation, there will be two offences covering sex for rent — the offering of accommodation in exchange for sexual activity and the advertising of accommodation in exchange for sexual activity. File picture: Mark Stedman/RollingNews.ie

Legislation to outlaw sex-for rent offers and to limit the use of counselling notes in sex offence trials has been approved by the Government.

The approval of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill for publication comes four years after an investigation by the Irish Examiner into sex-for-rent practices in the private rented sector.

Under the legislation, there will be two offences covering sex for rent — the offering of accommodation in exchange for sexual activity and the advertising of accommodation in exchange for sexual activity.

According to the Department of Justice, “it is the offer or advertisement that is being criminalised — there is no requirement to prove that sexual activity occurred”.

A penalty of up to €5,000 will be introduced through the legislation.

Meanwhile, in relation to the use of counselling notes, justice minister Jim O’Callaghan said: “The bill amends the law on the disclosure of counselling records in sexual offence trials by requiring that a disclosure hearing takes place in all cases, to ensure adequate judicial oversight so the privacy rights of victims and survivors are always considered.” 

However, Mr O’Callaghan acknowledged the measure was just a first step, saying: “I also believe that further amendments may be merited. My department is currently consulting with relevant stakeholders on the development of concrete proposals to ensure the optimal balance between the rights of complainants and defendants is achieved. 

"It is important that I balance those two rights, the rights of the victims and survivors, yet at the same time, I have a constitutional obligation to ensure that people who are before the criminal justice process as accused get a fair trial.”

The bill will also provide for the use of more advanced DNA analysis in missing persons cases, oblige the courts to consider a community service order in lieu of a prison sentence of up to 24 months, and remove the legal barrier to the use of incapacitant spray by prison officers.

Taoiseach Micheál Martin told the Irish Examiner: “It has to go through the legislative process so we hopefully we can progress it as quickly as possible — the first half of the year is the target. Minister O’Callaghan will deliver that with the strong support of Government.”