The Sex Workers Alliance Ireland (SWAI) has released a legal opinion by Michael Lynn SC on Part 4 of the Criminal Law (Sexual Offences) Bill 2015 which deals with sex work.
Regulation of sex work is currently under review as part of wide ranging reforms to sexual offences in Ireland. Should the proposed Bill be enacted by the end of the year, as promised, the purchase of sex work will now be a criminal offence – a step currently contested by SWAI as a violation of human rights.
In an opinion referred through PILA’s Pro Bono Referral Scheme, Mr. Lynn found that Part 4 was likely to be harmful to sex workers, as it exposes them to unsafe working conditions. According to Kate McGrew, Coordinator of SWAI, “This expert legal opinion clarifies that Part 4 of the Criminal Law (Sexual Offences) Bill does not decriminalise sex workers. The opinion outlines how the measures in the Bill will actually force people to work alone in more isolated areas to avoid arrest, and will increase risk of abuse and violence. The opinion also highlights how this law will impact sex workers’ health and access to justice, particularly acting as a barrier to engaging with Gardaí.”
At the launch of the opinion, Catherine Murphy, Policy Advisor at Amnesty International, spoke of extensive research conducted in Papua New Guinea, Hong Kong, Norway and Argentina on the impact of such laws that do nothing other than restrict sex workers from availing of police protection in cases where they face abuse and violence. Ms. Murphy argued that the criminal status placed on sex workers, if the Bill in question is enacted, would create an atmosphere of exclusion and intimidation that would promote and facilitate abuse and violence.
Meanwhile, in Northern Ireland, leave has been granted to a challenge to the new Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, which criminalises the purchase of sex in that jurisdiction. Sex worker and sex workers’ rights advocate, Laura Lee, has taken the actionas she believes that the new legislation puts her at a greater risk of harm and scrutiny should be given to this issue.
Click here to read Michael Lynn SC's legal opinion.
Click here for the full text of Criminal Law Sexual Offences Bill 2015.
Click here to read the research on protection of sex workers conducted by Amnesty International.