Minister for Justice Jim O’Callaghan said that removing the law on brothel-keeping “could unintentionally create an expansion of the market for sexual services”, according to internal department records.
Under the legislation, a person found guilty of running a brothel faces a fine and up to 10 years in prison.
The legislation was contentious when it was introduced in 2017. Critics said it would push the sex industry further underground, putting sex workers at risk.
Mr O’Callaghan, who took on responsibility for the Department of Justice in January, is quoted as saying that changing this section of the law could undermine the overall goal of the legislation, which is to “deter the demand for commercial sex, which is clearly linked to both sexual exploitation and human trafficking”.
Chef had leg ‘mostly severed’ in sword attack over debt dispute, murder trial told
Garda suspended over alleged bid to hire person to kill former partner
‘If this is another hoax, that will be devastating’: Locals hope for closure in Fiona Pender case
‘Disproportionate’ level of paperwork leaves little room for seating at John Magnier’s Barne Estate case
Part 4 of the Criminal Law (Sexual Offences) Act 2017 made paying for sexual services a criminal offence – criminalising the buyer, rather than the seller, of sex.
A review into the law was finally published on March 25th, after years of delays. This examined the impact of part 4 of the legislation, which amended section 7 of the Criminal Law (Sexual Offences) Act 1993.
The review found that the legislation had proven difficult to enforce and had not reduced demand for the purchase of sexual services. Of 161 prosecutions directed by the Director of Public Prosecutions for the offence from January 2017 to August 2024, Garda Pulse records showed just 15 convictions.
Mr O’Callaghan made his comments about brothel-keeping in early March after reading the review, before its publication.
Documents released to The Irish Times via a Freedom of Information request show that the Minister was not in favour of changing the law, despite concerns raised by sex workers.
In an email exchange between department officials on March 3rd, the Minister is quoted as saying: “The review records that those advocating for decriminalisation oppose section 11 [of the 1993 Act], arguing that it targets those selling sex, forces them into unsafe isolation and increases their risk of violence and exploitation. They suggest amending the law to allow small groups to work together legally for safety.”
Mr O’Callaghan said he was in favour of retaining that section of the legislation as “it discourages the organisation and expansion of prostitution”.
“I believe that removing the law on brothel keeping could unintentionally create an expansion of the market for sexual services.”
The Sex Workers Alliance of Ireland, which wants sex work to be fully decriminalised, has argued that the brothel-keeping element of the law puts sex workers at increased risk as they cannot work in pairs or small groups for safety reasons.
However, in the files released by the Department of Justice, Mr O’Callaghan said he agreed with the views of Ruhama, an NGO that supports women impacted by sex trafficking, on the matter.
“I agree with the point made by Ruhama on this issue, where they said that there is nothing in the legislation that says two women working together for safety will ‘get done’ under this legislation,” the Minister is quoted as saying.
“My own view is that the law around section 11 is sufficiently clear and I think some of the fears identified in the report are unfounded.”
The review was initially meant to be carried out within three years, by 2020, but the process was beset with delays.
In the files, Mr O’Callaghan said he didn’t know why the report had been so badly delayed, but said “it is unsatisfactory that a statutory review has taken nearly five years longer than envisaged”.
