Publishers of newspapers and magazines which carry advertisements for brothels and prostitutes are to be targeted by gardai in a major investigation into the sex industry.
The Garda Commissioner, Mr Pat Byrne, announced the investigation in response to the public outcry about the operation of "health studios", according to a Garda spokesman.
"The Garda Siochana always respond to community policing needs, and this is our response to the public outcry," Insp. Simon O'Connor said.
Public debate was sparked last week when the Censorship of Publications Board banned In Dublin magazine for six months, on the grounds that a number of editions had "usually or frequently been indecent or obscene". The publication's "health studios" advertisements were believed to be the cause of the censorship board's concerns.
Yesterday's announcement comes as the In Dublin publisher, Mr Mike Hogan, prepares for a judicial review of the Censorship of Publications Board's decision, scheduled to begin this morning in the High Court. Mr Hogan declined to comment on the Garda investigation, but said he would issue a statement after today's court proceedings.
The Garda said its investigation would be wide-ranging, focusing on those who organised, controlled and profiteered from prostitution. Mr Byrne has directed that the investigation focus on likely breaches of the Criminal Justice (Public Order) Act, 1994, and the Criminal Law (Sexual Offences) Act, 1993, the Garda said.
While this would include the activities of pimps, brothel-owners and the criminal gangs which operated brothels, the inspector said, it would also take in the publishers.
Section 23 of the 1994 Act makes it an offence to publish or distribute an advertisement for a brothel or prostitute. Offenders face fines on summary conviction of up to £1,000 and on indictment of up to £10,000.
It makes it an offence for a person to publish or distribute, or cause to be published or distributed, an advertisement for a brothel or the services of a prostitute, or any premises or service in terms, circumstances or manner from which it could reasonably be inferred that the premises was a brothel or the service was prostitution.
The Act says the publisher or distributor can defend themselves by showing that the offending advertisement was received in the ordinary course of their business and they did not know, and had no reason to suspect, that it related to a brothel or the services of a prostitute.
Insp. O'Connor said the burden of proof for a criminal prosecution was different from the proof required by the censorship board, in that gardai would have to prove that a publisher published an advertisement knowing that it was for a brothel or prostitute.
The investigation will be headed by Det Supt Martin Donnellan, working under Det Chief Supt Sean Camon of the National Bureau of Criminal Investigation. The investigation will have a national remit.
Insp O'Connor confirmed that district detective units around the State were already enforcing the 1993 and 1994 Acts, but said there was a need for the new investigation.
It would focus on those operating and profiteering from prostitution, and would not be targeting prostitutes themselves. "We will not be chasing the poor unfortunate people working on the streets or in the health studios, but the parasites who are living off these people," he said.
Local policing operations had produced results, Insp. O'Connor said, pointing to the closure of three brothels in Dublin's north inner city in the last six months.
On Monday the editor of Magill magazine, also published by Mr Hogan's Hoson stable of publications, announced her resignation due to "issues arising out of the current controversy surrounding In Dublin magazine".
Ms Emily O'Reilly said she had always been aware of the advertisements in In Dublin but "there are levels of knowing and levels of awareness and what has come out over the last few days has greatly disturbed me".
When In Dublin was banned Hoson published an almost identical magazine, named Dublin, which also features advertisements for so-called health studios.