Sex-for-rent law 'will not address wider housing crisis or power imbalances'

Oireachtas Library and Research Service says law will fill a 'legislative gap' but problems with Ireland’s rental system remain

A Seanad cross-party group with representatives from women’s rights and student organisations  and Labour leader Ivana Bacik at Leinster House last April ahead of a debate on the bill to ban sex-for-rent arrangements. Picture: Sasko Lazarov/Rollingnews

New laws to ban “sex-for-rent” will tackle an issue that is “not a once-off and has become increasingly common in Ireland’s precarious housing market”, research has suggested.

An analysis of the proposed legislation by the Oireachtas Library and Research Service said that while it will fill a “current legislative gap”, further problems with Ireland’s rental system will remain.

“While this is an important step which will be welcomed by advocacy groups, including the National Women’s Council, the Irish Council for International Students and Threshold, the legislation does not address the wider context of the housing crisis, including the precarious and vulnerable rental situation in Ireland,” it said.

Last month, the Government approved the Criminal Law and Civil Law (Miscellaneous Provisions) Bill for publication.

Two offences in the new law

The move comes four years after an investigation from the Irish Examiner into sex-for-rent practices in the private rental 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.

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

'Exploitation' 

“The exploitation appears to predominantly impact vulnerable marginalised young women, although there are instances of men also being victims of sex-for-rent,” the research said. 

“Often those women who are targeted are foreign, may not speak English, have little resources or support in the country, and nowhere else to turn.”

In the Oireachtas paper, it said that the new legislation included licences as well as tenancies, which research from the National Women’s Council has suggested the majority of sex-for-rent appears to happen.

'Power imbalance' 

“Since licensees do not have the same legal protections as tenants and the power imbalance is even more pronounced, the proposals offer important legal protection for licensees against sex-for-rent,” it said.

It noted that there is no requirement to prove that sexual activity actually took place, but instead the offer or advertisement of sex-for-rent that is being criminalised.

There may be some challenges around investigating and prosecuting such offers, it said, but research has also shown that offers of sex-for-rent are verbal or vague when written and it may be difficult to establish such an offer has been made.

“However, it appears that it is intended that this provision will operate as a deterrent to any landlords considering making such offers to potential renters,” it said.

The research also noted that the legislation would appear to place responsibility on online platforms to ensure such advertisements are not allowed.

It is expected that the new legislation will be passed into law this year.