Prostitution in Northern Ireland

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Prostitution in Northern Ireland is governed by the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, which makes it illegal to pay for sex in Northern Ireland. [1] Prior to the act coming into effect, prostitution in Northern Ireland was regulated by the same or similar laws to those in England and Wales, as it is elsewhere in the United Kingdom. At that time, prostitution in Northern Ireland was legal subject to a number of restraints which controlled certain activities associated with prostitution, such as soliciting, procuring, living on the proceeds of prostitution (pimping), exploitation of prostitutes, under-age prostitution, and keeping a brothel. However, devolution provided the opportunity for separate legislation in Northern Ireland.

Contents

Nature and extent

As elsewhere, accurate figures for the extent of prostitution in Northern Ireland are difficult to ascertain, given the covert nature of the activities, although the police estimated 40–100 people were working in the sex trade in 2010. As in other countries, street prostitution has declined in favour of off-street prostitution. [2] As with much of Europe, there appears to be a fair amount of mobility of prostitutes in and out of the territory, particularly in Belfast. While exact numbers are very hard to obtain, the 2014 research suggested between 300 and 350 people working on any particular day, the majority of whom were women, with the commonest age range being 25–30. The researchers found that under-age prostitutes were uncommon, and that most prostitutes did not start till they were of legal age. [3]

Research

Despite the publicity given to the issue, there has been a paucity of research on prostitution in Northern Ireland. The Department of Justice carried out its own research published in 2011, [2] and in 2013, it commissioned a research study, which was carried out by the Queen's University Belfast, and released in October 2014 (Research into Prostitution in Northern Ireland). [3] [4] [5] The findings were dismissed by supporters of the Human Trafficking Bill, in particular, Women's Aid [6] [7] and the DUP. [8]

Current laws

The legal framework is governed by Part 5 (Ss. 58–64) of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), as amended by the Policing and Crime Act 2009 (on 1 April 2010). [9] These create offences for loitering or soliciting in a street or public place for prostitution (S. 59), soliciting from a motor vehicle (kerb crawling) (S. 60), organising, advertising, or recruiting into prostitution for the purposes of gain (S. 62), controlling a prostitute (S. 63), or keeping a brothel (defined as more than one person selling sexual services in a given location) (S. 64).

Soliciting

The Policing and Crime Act 2009 (S. 20) replaced Ss 60–61 of the Sexual Offences (Northern Ireland) Order 2008 dealing with soliciting by a new offence, S. 60 "Soliciting": [10]

(1) It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B's sexual services as a prostitute.
(2) The reference to a person in a street or public place includes a person in a vehicle in a street or public place.

(3) A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Exploitation

The Policing and Crime Act 2009 (S. 15) created a new offence [9] by amending the Sexual Offences (Northern Ireland) Order 2008 to include S. 64A "Paying for sexual services of a prostitute subjected to force etc.": [11]

(1)A person (A) commits an offence if—

(a)A makes or promises payment for the sexual services of a prostitute (B),
(b)a third person (C) has engaged in exploitative conduct of a kind likely to induce or encourage B to provide the sexual services for which A has made or promised payment, and
(c)C engaged in that conduct for or in the expectation of gain for C or another person (apart from A or B).

(2) The following are irrelevant—

(a) where in the world the sexual services are to be provided and whether those services are provided,.
(b) whether A is, or ought to be, aware that C has engaged in exploitative conduct.

(3) C engages in exploitative conduct if—

(a) C uses force, threats (whether or not relating to violence) or any other form of coercion, or.
(b) C practises any form of deception.

(4) A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Purchasing sex

Influenced by policies in Sweden, the Democratic Unionist Party Peer Maurice Morrow successfully campaigned for the criminalisation of purchasing sex in Northern Ireland. [12] The Northern Ireland Assembly voted in Morrow's private members bill, Human Trafficking and Exploitation (Further Provisions and Support for Victims) Bill. On 1 June 2015 the resulting Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 was introduced. While prostitution was only one element of the Act, the Act also stated that soliciting and loitering were no longer offences and that a programme of support would be offered to those exiting prostitution. Clients would be subject to a maximum penalty of one year in prison and a fine of £1000. [13]

Justice Minister, David Ford, who had earlier commissioned a study of the issue, [14] expressed his opposition to clause 6, as did the police. [15] [16] The commissioned research was carried out by Queen's University Belfast. [17] The Catholic Church supported the legislation, [18] alongside the Irish Congress of Trade Unions, and many women's groups such as Women's Aid [19] and Equality Now. Since it resembles legislation enacted in Sweden, a public debate on the merits of that law ensued, [20] in addition to discussion as to what the state of affairs in Northern Ireland actually was. The DUP consistently backed the proposal to criminalise the purchase of sex in Northern Ireland. Despite initial scepticism, Sinn Féin, the Social Democratic and Labour Party, the Ulster Unionist Party, and the Traditional Unionist Voice all voted in favour of criminalisation. Only the Alliance Party, the Green Party, and NI21 opposed it. The Bill appeared to have public support, according to an October 2014 poll carried out by CARE. [6]

Paying for sexual services of a person

6.—(1) The Sexual Offences (Northern Ireland) Order 2008 is amended as follows.

(2) For Article 64A (Paying for sexual services of a prostitute subjected to force etc.) substitute⁠—

“64A Paying for sexual services of a person

(1) A person (A) commits an offence if A obtains sexual services from a person (B) over the age of 18 in exchange for payment⁠—

(a) if the payment is made or promised by A; or

(b) if the payment is made or promised by a third party.

(2) Person A guilty of an offence under this article is liable⁠—

(a) on summary conviction to a fine not exceeding level 3 on the standard scale;

(b) to imprisonment for a term not exceeding one year or a fine not exceeding the statutory maximum, or both.

(3) In paragraph (1), "payment" means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.

(4) For the avoidance of doubt, person B is not guilty of aiding, abetting or counselling the commission of an offence under this article.

(5) Within the first year of this offence coming into effect, the Department must raise awareness of this offence.

(6) The Department shall collect data to review the operation of this offence and report to the Assembly after this offence has been in effect for three years.".

The Bill passed First Reading in June 2013, and Second Reading on 24 September 2013. Submissions closed on 1 November 2013. The committee reported on 10 April 2014, with members divided on clause 6. The Justice Department continued to be opposed to clause 6. [21] [22] [23] Amendments were anticipated and introduced in October 2014, with the final consideration debate on 20 October. The vote on clause 6 was 81:10 to approve it. [24] 95% of the Human Trafficking and Exploitation Act 2015 came into effect on royal assent, but the criminalisation of the purchase of sex did not come into effect until 1 June 2015.

In September 2016, sex worker and law graduate Laura Lee brought a case to the Belfast High Court to re-evaluate the current prostitution laws in Northern Ireland, and to repeal Lord Morrow's law [25] that made the purchase of sex illegal in 2015. The hearing had been granted for a judicial review, [26] and the date was to be announced. Following the death of Laura Lee on 7 February 2017, [27] the legal challenge was withdrawn. [28]

Figures released by the Public Prosecution Service (PPS) in August 2016, showed that 10 men had been arrested under this legislation since it was introduced. Seven were referred to the PPS. Of those, no action was taken 3 cases, 2 men received cautions and the remaining two cases were being considered by a senior prosecutor. [29] The first prosecution for paying for the services of a prostitute was on 27 October 2017 in Dungannon Magistrates Court. District Judge John Meehan was due to hear the case at a later date. [30] [31]

Organisations

Ugly Mugs Ireland is a not-for-profit technology initiative that aims to improve the safety of sex workers in Ireland and the UK and reduce crimes committed against them, by bringing sex workers together to share information about potential dangers. [32]

See also

Related Research Articles

Child sex tourism (CST) is tourism for the purpose of engaging in the prostitution of children, which is commercially facilitated child sexual abuse. The definition of child in the United Nations Convention on the Rights of the Child is "every human being below the age of 18 years". Child sex tourism results in both mental and physical consequences for the exploited children, which may include sexually transmitted infections, "drug addiction, pregnancy, malnutrition, social ostracism, and death", according to the State Department of the United States. Child sex tourism, part of the multibillion-dollar global sex tourism industry, is a form of child prostitution within the wider issue of commercial sexual exploitation of children. Child sex tourism victimizes approximately 2 million children around the world. The children who perform as prostitutes in the child sex tourism trade often have been lured or abducted into sexual slavery.

<span class="mw-page-title-main">Prostitution in New Zealand</span> Overview of the legality and practice of prostitution in New Zealand

Prostitution in New Zealand, brothel-keeping, living off the proceeds of someone else's prostitution, and street solicitation are legal in New Zealand and have been since the Prostitution Reform Act 2003 came into effect. Coercion of sex workers is illegal. The 2003 decriminalisation of brothels, escort agencies and soliciting, and the substitution of a minimal regulatory model, created worldwide interest; New Zealand prostitution laws are now some of the most liberal in the world.

<span class="mw-page-title-main">Prostitution in Thailand</span>

Prostitution in Thailand is illegal. However, due to police corruption and an economic reliance on prostitution dating back to the Vietnam War, it remains a significant presence in the country. It results from poverty, low levels of education and a lack of employment in rural areas. Prostitutes mostly come from the northeastern (Isan) region of Thailand, from ethnic minorities or from neighbouring countries, especially Cambodia, Myanmar, and Laos. UNAIDS in 2019 estimated the total population of sex workers in Thailand to be 43,000.

<span class="mw-page-title-main">Prostitution in the United Kingdom</span>

In Great Britain, the act of engaging in sex as part of an exchange of various sexual services for money is legal, but a number of related activities, including soliciting in a public place, kerb crawling, owning or managing a brothel, pimping and pandering, are illegal. In Northern Ireland, which previously had similar laws, paying for sex became illegal from 1 June 2015.

<span class="mw-page-title-main">Prostitution in Asia</span>

The legality of prostitution in Asia varies by country. There is often a significant difference in Asia between prostitution laws and the practice of prostitution. In 2011, the Asian Commission on AIDS estimated there were 10 million sex workers in Asia and 75 million male customers.

Prostitution in Ireland is legal. However, since March 2017, it has been an offence to buy sex. Third party involvement is also illegal. Since the law that criminalises clients came into being, with the purpose of reducing the demand for prostitution, the number of prosecutions for the purchase of sex increased from 10 to 92 between 2018 and 2020. In a report from UCD's Sexual Exploitation Research Programme the development is called ”a promising start in interrupting the demand for prostitution.”

Prostitution in Finland is legal, but soliciting in a public place and organised prostitution are illegal. According to a 2010 TAMPEP study, 69% of prostitutes working in Finland are migrants. As of 2009, there was little "visible" prostitution in Finland as it was mostly limited to private residences and nightclubs in larger metropolitan areas.

<span class="mw-page-title-main">Prostitution in Australia</span> History and nature of sex work (prostitution) in Australia

Prostitution or sex work in Australia is governed by state and territory laws, which vary considerably. Federal legislation also affects some aspects of sex work throughout Australia, and of Australian citizensabroad.

Prostitution in Belize is legal, but the buying of sexual services is not. Associated activities such as operating a brothel, loitering for the purposes of prostitution and soliciting sex are also illegal.

Current laws passed by the Parliament of Canada in 2014 make it illegal to purchase or advertise sexual services and illegal to live on the material benefits from sex work. The law officially enacted criminal penalties for "Purchasing sexual services and communicating in any place for that purpose."

Prostitution in Sierra Leone is legal and commonplace. Soliciting and 3rd party involvement are prohibited by the Sexual Offences Act 2012. UNAIDS estimate there are 240,000 prostitutes in the country. They are known locally as 'serpents' because of the hissing noise they use to attract clients.

<span class="mw-page-title-main">Prostitution in Europe</span>

The legality of prostitution in Europe varies by country.

Prostitution in Scotland has been similar to that in England under the State of Union, but since devolution, the new Scottish Parliament has pursued its own policies.

<span class="mw-page-title-main">Sexual offences in the United Kingdom</span>

There are a number of sexual offences under the law of England and Wales, the law of Scotland, and the law of Northern Ireland.

<span class="mw-page-title-main">Prostitution law</span> Legality of prostitution

Prostitution laws varies widely from country to country, and between jurisdictions within a country. At one extreme, prostitution or sex work is legal in some places and regarded as a profession, while at the other extreme, it is considered a severe crime punishable by death in some other places.

<span class="mw-page-title-main">Decriminalization of sex work</span> Removal of criminal penalties for sex work

The decriminalization of sex work is the removal of criminal penalties for sex work. Sex work, the consensual provision of sexual services for money or goods, is criminalized in most countries. Decriminalization is distinct from legalization.

<span class="mw-page-title-main">Prostitution in Oceania</span> Legality of prostitution in Oceania

Prostitution in Oceania varies greatly across the region. In American Samoa, for instance, prostitution is illegal, whereas in New Zealand most aspects of the trade are decriminalised.

<span class="mw-page-title-main">Nordic model approach to prostitution</span> Approach to prostitution law first instituted in Sweden in 1999

The Nordic Criminal Model approach to sex work, also marketed as the end demand, equality model, neo-abolitionism, Nordic and Swedish model, is an approach to sex work that criminalises clients, third parties and many ways sex workers operate. This approach to criminalising sex work was developed in Sweden in 1999 on the debated radical feminist position that all sex work is sexual servitude and no person can consent to engage in commercial sexual services. The main objective of the model is to abolish the sex industry by punishing the purchase of sexual services. The model was also original developed to make working in the sex industry more difficult, as Ann Martin said when asked about their role in developing the model - "I think of course the law has negative consequences for women in prostitution but that’s also some of the effect that we want to achieve with the law... It shouldn’t be as easy as it was before to go out and sell sex."

<span class="mw-page-title-main">Laura Lee (sex worker)</span> Irish sex worker and campaigner for the rights of sex workers

Laura Lee was an Irish sex worker and civil rights activist, who became a campaigner for the rights of people in the sex industry.

There are a number of sexual offences under the law of Northern Ireland.

References

  1. ↑ "Human Trafficking Bill receives Royal Assent". BBC News. 14 January 2015. Retrieved 27 January 2015.
  2. 1 2 Research paper investigating the issues for women in Northern Ireland involved in prostitution and exploring best practice elsewhere. Department of Justice January 2011
  3. 1 2 Research into Prostitution in Northern Ireland. Queen's University Belfast October 2014
  4. ↑ Chris Kilpatrick (17 October 2014). "17,000 use prostitutes in Northern Ireland each year, says new study". Belfast Telegraph. Retrieved 28 November 2016.
  5. ↑ "Researchers suggest 17,500 men pay for sex in NI each year". BBC News. 17 October 2014. Retrieved 28 November 2016.
  6. 1 2 McMahon, Victoria (17 October 2014). "Vast majority back calls to make paying for sex illegal". irishmirror.ie. Retrieved 28 November 2016.
  7. ↑ "Women's Aid slams 'shocking' DOJ prostitution report". Belfast Newsletter. 17 October 2014. Retrieved 28 November 2016.
  8. ↑ Chris Kilpatrick (17 October 2014). "David Ford in bid to scupper Bill making it illegal to pay for sex". Belfast Telegraph. Retrieved 28 November 2016.
  9. 1 2 The Policing and Crime Act 2009 (Commencement No. 4) Order 2010 (S.I. 2010/507 (C. 37)), article 5
  10. ↑ "Policing and Crime Act 2009 (Section 20)". legislation.gov.uk. Retrieved 28 November 2016.
  11. ↑ "Policing and Crime Act 2009 (Section 15)". legislation.gov.uk. Retrieved 28 November 2016.
  12. ↑ McMenzie, L. Cook, I.R. and Laing, M. "Criminological policy mobilities and sex work: Understanding the movement of the 'Swedish model' to Northern Ireland". The British Journal of Criminology, 59 (5), 1199–1216.{{cite web}}: CS1 maint: multiple names: authors list (link)
  13. ↑ "Paying for sex becomes a crime in NI as new law comes into effect". BBC News. Northern Ireland. 1 June 2015. Retrieved 2 June 2015.
  14. ↑ Justice Minister David Ford is to commission independent research into prostitution in order to inform future policy on the issue. Department of Justice Sept 5 2013
  15. ↑ "Prostitution law proposals slammed". Belfast Telegraph. 24 September 2013. Retrieved 28 November 2016.
  16. ↑ "Human Trafficking Bill: Lord Morrow criticises police comments". BBC News. 23 September 2013. Retrieved 28 November 2016.
  17. ↑ Research into Prostitution in Northern Ireland, Survey Monkey Archived 28 July 2014 at the Wayback Machine
  18. ↑ Seán Brady (8 October 2013). "Cardinal Brady's letter to members of the Northern Ireland Legislative Assembly concerning the Human Trafficking and Exploitation Bill". Irish Catholic Bishops' Conference. Retrieved 28 November 2016.
  19. ↑ Annie Campbell (20 October 2014). "Human Trafficking Bill is a victory for women". Belfast Telegraph. Retrieved 28 November 2016.
  20. ↑ "Sweden's sex laws - do we really want them in Northern Ireland?". Belfast Telegraph. 9 December 2013. Retrieved 28 November 2016.
  21. ↑ Department of Justice letter to Committee for Justice. January 14 2014 Archived 19 February 2014 at the Wayback Machine
  22. ↑ McDonald, Henry (21 April 2014). "Plans to reform Ulster prostitution laws are unworkable, says justice minister". The Guardian. Retrieved 28 November 2016.
  23. ↑ McDonald, Henry (17 October 2014). "Northern Ireland: 98% of sex workers oppose new law criminalising clients". The Guardian.
  24. ↑ Gordon, Gareth (21 October 2014). "Trafficking Bill: MLAs vote to make paying for sex a crime". BBC News. Retrieved 28 November 2016.
  25. ↑ Laura Lee (21 September 2016). "Laura Lee blog – repeal the Morrow law, now!". Escort Ireland blog. Retrieved 28 November 2016.
  26. ↑ Siobhan Fenton (28 September 2016). "Sex worker's legal challenge to anti-prostitution laws granted judicial review". The Independent. Retrieved 28 November 2016.
  27. ↑ "Sex workers' rights campaigner dies". BBC News. 9 February 2018. Retrieved 7 April 2018.
  28. ↑ Erwin, Alan (8 March 2018). "Laura Lee legal battle over prostitution laws formally withdrawn following her death". Belfasttelegraph.co.uk. Retrieved 7 April 2018.
  29. ↑ McClafferty, Enda (10 August 2016). "'No prosecutions' for paying for sex in NI". BBC News. Retrieved 7 April 2018.
  30. ↑ "First person prosecuted in Northern Ireland since it became an offence to pay for sexual services". Belfasttelegraph.co.uk. 27 October 2017. Retrieved 7 April 2018.
  31. ↑ "First NI prosecution for paying for sex". ITV News. 27 October 2017. Retrieved 27 October 2017.
  32. ↑ "Ugly Mugs Ireland & UK, safety for sex workers". Ugly Mugs Ireland. Retrieved 21 December 2018.

Bibliography

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