Review of legislation that criminalised the purchase of sex completed
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From: Department of Justice
- Published on: 25 March 2025
- Last updated on: 12 April 2025
The Minister for Justice Jim O’Callaghan has secured Cabinet approval to publish a review of the legislation that deals with the purchase of sexual services.
The Criminal Law (Sexual Offences) Act 2017 decriminalised the sale of sex, criminalised the purchase of sex, and increased the penalty provided for brothel keeping. The legislation was designed to shift the legal burden towards those who buy sex rather than the sellers, aiming to protect those most at risk within the sex industry.
The Review of the Operation of Section 7A of the Criminal Law (Sexual Offences) Act 1993 identifies areas for improvement which would allow the legislation to work better and achieve its aim of deterring the demand for commercial sex, which is linked to both sexual exploitation and human trafficking.
Minister O’Callaghan said:
“In Ireland, it is legal to sell sex, but illegal to purchase sex. This means that individuals involved in the sale of sex are no longer criminalised.
“My position is that prostitution is inherently exploitative of vulnerable persons, mainly women and girls, and that many people are forced into prostitution, through trafficking, drug addiction, homelessness and poverty.
“This Review has been much anticipated by stakeholders in the domestic, sexual and gender-based violence (DSGBV) sector and others, and I will publish it today.”
Among its findings, the review highlights challenges to the effective enforcement of the legislation in its current form, with An Garda Síochána and the Office of the Director of Public Prosecutions noting significant barriers. These include limited power of arrest for detention and questioning, the requirement of an admission of guilt, and challenges in prosecution due to the necessary ‘proofs’.
It also finds that the ability to successfully support and protect is hindered by a lack of culturally appropriate support services including healthcare, social welfare, gender specific housing for women, and clear exit routes.
The review also notes that the prevalence of human trafficking among those involved in the sale of sex in Ireland is not fully known, and the lack of reliable data is cited by both advocates for and opponents of section 7A.
Minister O’Callaghan added:
“My key focus on this issue is to seek to reduce demand, protect those involved in the sex trade, and support those who wish to exit.
“Regrettably, the Review highlights that despite the criminalisation of the purchase of sexual services, demand has not decreased. The Review points to recommendations to address this around awareness raising; these are mirrored in the Programme for Government and the Zero Tolerance Strategy.
“In addition, certain recommendations will be considered in respect of law enforcement, and my officials are consulting with An Garda Síochána in this regard.”
According to An Garda Síochána, the DPP had directed 161 prosecutions for the offence of ‘Payment etc. for Sexual Activity with a Prostitute’ from January 2017 up to August 2024. Over that period, our police service recorded 15 convictions under the legislation.
The report is now available at: Review on the Operation of Section 7A of the Criminal Law (Sexual Offences) Act 1993.
Notes
On the legislation
Section 27 of the Criminal Law (Sexual Offences) Act 2017 was commenced on 27 March 2017 and provides for a review of the operation of section 7A of the Criminal Law (Sexual Offences) Act 1993 - which criminalised the purchase of sex - not later than 3 years after its commencement.
The section specifies that the report shall include—
a. Information as to the number of arrests and convictions in respect of offences under section 7A of the 1993 Act during the period from the commencement of that section, and;
b. An assessment of the impact of the operation of that section on the safety and well-being of persons who engage in sexual activity for payment.