The Context – the Commercial Sex Trade in Ireland

From The Implementation of the Criminal Law (Sexual Offences) Act 2017, Part IV – An Interim Review:

From Report:
Throughout the first two decades of this century, Garda operations, investigative journalists and service providers indicated a significant growth of a highly profitable sex trade run by organised crime.5 In 2008, the Immigrant Council of Ireland commissioned the first extensive research in order to examine the sexual exploitation of both trafficked and migrant women within the Irish sex industry, in collaboration with the Women’s Health Service (HSE) and Ruhama.6 The research revealed a criminal underworld in which international traffickers, Irish pimps, prostitution agencies and buyers collaborate in the commercial sexual exploitation of women and girls. It indicated a highly lucrative industry worth approximately €180 million and easily accessible indoor prostitution in every part of Ireland.

In 2012, a special Prime Time report into prostitution in Ireland, ‘Profiting from Prostitution’7 was produced and presented by journalist Paul Maguire which involved almost a year of intensive investigation and surveillance. In excess of 8,800 profiles advertised on ‘escorting’ websites were examined, and allowing for possible duplication, they estimated that between 500 and 700 women are available each day.

Of the women, 97, or 1.1%, of the total number were advertised as being Irish, while 283 or 3.2% were advertised as UK citizens. The vast majority, 95.69%, were advertised as foreign nationals. A database was set up which recorded the movements of each ‘escort’ advertised – this indicated a high level of organisation and management behind the movement of hundreds of women across the country on a weekly basis.8 On average 438 women either moved or were moved every week revealing the level of organisation and control within the sex trade. The vast majority, 99.24%, were advertised as working for themselves as ‘independent escorts’. The research revealed that this was completely untrue. A researcher was also set up with a profile to act as a woman in prostitution on the website. Most of the recorded calls from potential buyers were looking for people who were very young. The evidence identified by the Immigrant Council of Ireland’s research and revealed in the Prime Time investigation has been further validated by An Garda Síochána (AGS).9 AGS estimate a figure of 800 individual women advertised on the internet at any given time and that the Irish sex trade is highly organised and controlled with women being circulated around the country in the manner described by Prime Time. Gardaí testified to the Justice Committee that there were upwards of 40 criminal gangs operating prostitution rackets in Ireland.

Following on from this RTÉ expose of prostitution in 2012, the RTÉ Investigations Unit collated four years of data tracking each profile, phone and movement of every woman advertised online, updated daily. A further documentary ‘Sex for Sale’ revealed the inner workings of organised prostitution in Ireland and revealed how over 100 women in prostitution rings are controlled by organised criminals, in Ireland.10

Footnotes:
5 Garda operations Quest/Hotel/Snow; Reynolds, P. (2003) Sex in the City: The Prostitution Racket in Dublin (Basingstoke & Oxford: Pan Macmillan).
6 Kelleher Associates, O’Connor M., and Pillinger, J. (2009 Globalisation, Sex Trafficking and Prostitution: The Experiences of Migrant Women in Ireland, Dublin: Immigrant Council of Ireland. http://emn.ie/cat_publication_detail.jsp?clog=1&itemID=415&item_name=&t=8.
7 Maguire, P. (2012) Profiting from Prostitution RTE. Available: https://www.rte.ie/news/player/2012/0207/3193909-prime-time-profiting-from-prostitution
8 In the evidence by Paul Maguire presented to the Joint Oireachtas Committee on Justice, Equality and Defence: Review of Legislation on Prostitution (2012/2013).
9 In the evidence of Superintendent Fergus Healy who also presented to the Joint Oireachtas Committee on Justice, Equality and Defence: Review of Legislation on Prostitution (2012/2013).
10 Doran, D. & Smyth, O. (2016) “RTE Investigates – Sex for Sale” RTE. Available: https://www.rte.ie/news/investigations-unit/2015/1207/751789-sex-for-sale.”

Query:
This section makes considerable reference to a report – “Globalisation, Sex Trafficking and Prostitution – the Experiences of Migrant Women in Ireland” –  funded by the Religious Sisters of Charity (see page 5) published on 6 April 2009 by Immigrant Council of Ireland (in collaboration with the Women’s Health Project, HSE and Ruhama). It seems to me that there were only 12 verified migrant sex workers who actively participated (see page 181). As the reports claims that a minimum of 800 indoor sex workers advertising at any one time (see page 84 ) and that 97% are foreign nationals (see page 86 ) this seem a very small sample. These women seem to have been provided by the Women’s Heath Project (see page 81) and, perhaps Ruhama (see page 2 ) which would inevitably risk strong selection bias. I cannot identify any evidential basis for the wider claims in terms of organisation, demographics and finances beyond (see pages 14-15) the unsupported opinions of health and social care workers attached to:
Ruhama
Womens Health Project (HSE)
Immigrant Council of Ireland
STOP Sex Trafficking, Cork
In addition:
A single interview with Garda National Immigration Bureau
Interviews with unidentified “specialist frontline service providers”
I am not convinced of the validity and relevance of this report.

Query:
This section makes considerable reference to a special Prime Time report into prostitution in Ireland, “Profiting from Prostitution” produced and presented by journalist Paul Maguire (who previously had his own show “Loose Talk” on LMFM Radio ). The documentary aired early February 2012  having been shelved in November of 2011 in the fallout from what was dubbed “The Father Kevin Reynolds Affair“. At the time I was extremely uncomfortable with what I would regard as “tabloid TV” (and I would not have been alone in that view) being used to evidence legislation as though it were academic research or a formal official report. This discomfort was in no way appeased by the follow up documentary “Sex for Sale” that aired four years later on 20 May 2016 also referred to as evidence in this section which appeared to me to have descended, bizarrely, to the level of parody.I am not convinced of the validity and relevance of these documentaries, particularly in the context of evidencing legislation that will impact on the lives of several categories of people that same legislation does not frame as guilty of any offence. It seems to me that not only sex workers, but also the wives and families of anyone arrested for the purchase of sex were owed the consideration and respect of a very high standard of evidence in deciding to implement this legislation.

Comment:
There is quite a substantial body of evidence in this area that has been completely ignored, including, but not limited to:
Ireland UK Canada Germany Norway Sweden