Cabinet approval secured to publish review of legislation that made it illegal to purchase sex but legal to sell sex.
Review highlights challenges facing An Garda Síochána and DPP in enforcing this legislation.
Cabinet approval has been secured 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.
Here 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. Prostitution is inherently exploitative of vulnerable persons, mainly women and girls, and 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 is published today.
Among its findings, this 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’ required.
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.
This 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.
The 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.
The Review highlights that despite the criminalisation of the purchase of sexual services, demand has not decreased. The Review also points to recommendations to address this through awareness-raising; these are mirrored in the Programme for Government and the Zero Tolerance Strategy.
Certain recommendations will be considered in respect of law enforcement, and 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 this legislation.
Statement On conclusion Of DNA Testing On Human Remains Recovered By ICLVR.
The Minister for Justice, Mr Jim O’Callaghan TD, has expressed his disappointment today following confirmation that the human remains recovered recently by the Independent Commission for the Location of Victims’ Remains in Co. Monaghan are not those of Mr Joe Lynskey.
Minister O’Callaghan said: “When the Commission announced that unidentified remains had been found following an exhumation late last year, we all hoped that they would be identified as those of Joe Lynskey. I held hope that the Lynskey family would finally be able to lay him to rest. I am saddened that this is not the case. Today, my thoughts again are with the Lynskey family who have had to endure this particular cruelty for over 50 years. I would also acknowledge that this experience has been distressing for the family whose grave was opened in order to carry out the exhumation and I am thankful for their understanding in such difficult circumstances. I want also to commend the dedicated and ceaseless humanitarian work of the Independent Commission for the Location of Victims’ Remains. I assure them and the families of the Disappeared of my and the Government’s support for their ongoing work. The Commission will continue its vital work and I appeal again, today, to anyone with any information that could help the families of Columba McVeigh, Joe Lynskey, Robert Nairac and Seamus Maguire to share this information with the Commission now.
The Independent Commission for the Location of Victims Remains(ICLVR) has also issued the following statement: “In an effort to locate the remains of Joe Lynskey, one of the Disappeared who went missing in the summer of 1972, human remains were exhumed from a grave in Annyalla Cemetery, Co Monaghan on 26 November 2024. The results of the DNA examination of the remains have now eliminated them as being those of the family to whom the grave belongs and now also eliminated them as being those of Joe Lynskey or any of the Disappeared. All the interested parties including the Lynskey family have been informed. We know that this news is deeply disappointing for the Lynskey family and the thoughts of everyone in the Commission are with them at this most difficult time. We are also conscious that this was a distressing experience for the family whose grave was opened to facilitate the exhumation. We are grateful for their co-operation and support at all stages of the process. The Commission will continue to do everything in its power to locate and recover the remains of all of the outstanding Disappeared cases. We would again appeal to anyone with information relating to Joe Lynskey, Columba McVeigh, Robert Nairac or Seamus Maguire to bring it to the ICLVR where it will be treated in the strictest confidence”.
The Independent Commission for the Location of Victims’ Remains (ICLVR), led by Commissioners Mr. Tim Dalton and Mrs Rosalie Flanagan, was established by an Agreement between the Government of Ireland and the Government of the United Kingdom and signed on 27th April 1999 by legislation enacted in both jurisdictions. The ICLVR is responsible for facilitating the location of the remains of victims of paramilitary violence who were murdered and secretly buried arising from the conflict in Northern Ireland. Further information is available at www.iclvr.ie The ICLVR needs further information to be able to progress its investigations into the remaining disappeared victims – Columba McVeigh, Joe Lynskey, Robert Nairac and Seamus Maguire.
Anyone with information on the four outstanding Disappeared cases —Joe Lynskey, Columba McVeigh, Robert Nairac and Seamus Maguire; should contact the ICLVR Tel: +353 1 602 8655 or Mr Dennis Godfrey (ICLVR), Tel: +44 7771 642348.
We learn today that a second ‘Section 5’ Thurles Planning Exemption, announced by elected representatives, for an address on Friar Street, Thurles, was in fact never intended for use as housing for International Protection Applicants.
Proprietors of this identified Friar Street property have stated that their building will not be used as an IPAS centre and same was never intended to be used as such, in the first place.
The property on Friar Street in the town is currently home to a number of Ukrainians and the owner insists that it was never intended be used for International Protection Applicants.
Meanwhile, it has already been confirmed that Kilbrin Homes Ltd, has now decided not to progress with their plans for an IPAS Centre, scheduled for Mitchel Street in Thurles, Co. Tipperary. This latter decision results in a scheduled public meeting, which was set to be held on Thursday, March 27th next, now will no longer take place, as was arranged for the Anner Hotel in the town.
Immigration issues, which suddenly came to the fore this week in Thurles, does not mean that Thurles people, for the most part, are either racist or against allowing refugees to come into our midst, seeking better opportunities. The majority of residents believe that everyone should have the chance to improve their lives. However, the current systems are being totally exploited and the present government, supported by all Tipperary TDs; together with Tipperary County council officials appear to grant ‘Section 5’ planning exemption, in secret, to property owners/developers, in areas that are totally unacceptable. In the case of Thurles, not even one job has been created in the past 30 years, despite the fact that two elected TDs, up until the last election, were resident in the immediate area, both achieving nothing for either Thurles town or county. Where are these people to find job opportunities in Thurles?
Ireland continues to grow wealthier and is fast becoming one of the richest countries in the world, but the quality of life for many Irish people is declining. Our towns, and especially our cities, are becoming less safe – not solely because of immigration, but due to multiple factors, including drugs and a failing justice system.
Communities across Ireland are worried, and their concerns are being consistently ignored. When people’s feelings are suppressed, this leads to frustration, driving same toward more extreme beliefs. This breeds distrust in the government thus fuelling racism and extremism.
The immigration issue in Ireland is a complex and often controversial topic, touching on various social, economic, and political aspects. While Ireland has a long history of welcoming refugees and migrants; in recent years there have seen growing concerns and debates around immigration policies.
With regards Thurles and Co. Tipperary; it should be highlighted that while Tipperary County Council officials grant ‘Section 5’ Planning Exemption without any thought as to the area affected, this same Council have dragged a single elderly gentleman (Mr Sean Meehan), through the Irish Court system, demanding that he dismantle an insulated caravan on wheels, by April 4th next, which he positioned on his own land, near New Inn, Cahir, Co. Tipperary. Failure to obey this order, will see Mr Meehan spend his 66th birthday in an Irish prison, while his humble abode will be torn down, leaving him homeless when released. This is despite planning rules for cabins and modular homes in back gardens all set to be relaxed in an effort to support a housing crisis in Ireland.
This is a County Council that lacks humanity; is according to elected representatives, a somewhat dictatorial regime that continuously wastes taxpayers money and fails to consult with local residents, their elected Councillors, TDs, Gardaí and other pertinent stakeholders.
It has been confirmed today that Kilbrin Homes Ltd, has now decided not to go ahead with their plans for an IPAS Centre, scheduled for Mitchel Street, in Thurles, Co. Tipperary.
Meanwhile, news obtained by Thurles.Info today, confirms that Tipperary County Council planning has once again approved, yet another, ‘Section 5’ planning exemption application for a second property in Thurles, Co. Tipperary.
This second application once again allows for the bypassing of planning approval regulations for the former Bed & Breakfast establishment known as Rosendale House, on Friar Street, latter situated west of Thurles town.
Modular Home site for Ukrainian Refugees, Thurles, opened in 2023 last.
The developer in this case is ‘Rosendale Property Limited’, Carrick-On-Suir, and we were unable to confirm whether this building/address is intended to accommodate Ukrainian Refugees or people who have applied for international protection (IPAS).
Local Cllr. Mr Jim Ryan has confirmed that, yet again, this move has occurred without any consultation with local residents, their elected Councillors, TDs, Gardaí and other pertinent stakeholders.
Local Cllr. Mr Jim Ryan has confirmed that a planning exemption has been granted for the creation of an International Protection Accommodation Services (IPAS) centre, to be accommodated on Mitchel Street, Thurles, Co. Tipperary.
IPAS provides accommodation to people who have applied for international protection. It arranges accommodation and co-ordinates other services (including health, social services, welfare and education) for asylum seekers and people who have international protection.
In a post published on social media yesterday, (19/03/2025), Cllr Mr Jim Ryan stated that: “I can confirm that an application for an IPAS Centre for Thurles is progressing. A Section 5 permission has been granted by Tipperary County Council, to Kilbrin Homes in Cork, for exempted development status at an old commercial building in Mitchel Street. Based on initial drawings it looks like they will be constructing 15 internal units that can accommodate 81 people seeking IPAS accommodation.”
Note: To facilitate the full attendance of all stake holders; including officials and elected representatives, a meeting in relation to this matter, which was originally scheduled for Friday evening next, March 20th, has now been postponed until ThursdayMarch 27th next, (this day week) starting at 7:30pm sharp in the Anner Hotel, Dublin Road, Thurles.
Unbelievably, Cllr Ryan has also revealed that this move has occurred without any consultation with local residents, their elected Councillors, TDs, Gardaí and other pertinent stakeholders.
Local residents and indeed residents of the whole town are dismayed and outraged that a development of this kind should progress without consultation with themselves and their elected Councillors.
Readers Please Note: This building is no longer in the ownership of the Fitzgibbon family and is presently owned by Kilbrin Homes.
Section 5 Exemption Declaration. Section 5 of the Planning and Development Act outlines a mechanism through which individuals can seek formal clarification on whether a proposed development or a specific part of it would be considered exempt from the requirement to obtain planning permission. This is a crucial tool for property owners, developers, and architects, as it provides legal certainty before proceeding with any development activities. Below is a summarised, detailed overview of Section 5 regarding exemptions from development. Section 5 allows individuals to seek formal clarification from their local planning authority on whether a proposed development, or any part of it, is considered exempted development. This is particularly useful for ensuring that a project can proceed without the need for formal planning permission, provided it falls within the specified criteria for exemptions. If the planning authority determines that the proposed development is exempt from planning permission, they will issue a declaration to that effect. This declaration provides legal assurance that the development can proceed without planning permission, subject to the conditions of the exemption. Conversely, if the planning authority concludes that the proposed development does not qualify for exemption, they will inform the applicant that planning permission is required. This outcome ensures that all necessary regulatory and planning standards are met before the development proceeds. Simply by obtaining a Section 5 declaration, same provides property owners and developers with legal certainty, reducing the risk of proceeding with a development that may later be deemed unauthorised due to the lack of planning permission. This means that the developers will be able to convert the building without going through the usual planning processes.
In recent years, the residents of Mitchel Street have been subjected to the progression of developments that have brought significant problems to the area. Again, these developments progressed without consultation and unfortunately, it is the local residents of the area that have been forced to shoulder the brunt of serious difficulties that have arisen since. Tipperary County Council officials have been of little help.
It is fair to say that local residents are outraged, but the outrage stems from the lack of consultation on a development that will have an indisputable impact on this predominantly residential area of the town. Anyone who drives or walks along Mitchell Street will point out its many needs, least of all its narrow footpaths, that are frequently mounted by cars attempting to navigate the almost impassable narrow sections of the street.
As before, it will be the people of Mitchell Street and surrounding areas that once again will bear the brunt of any difficulties that may arise. It will not be the people who progress planning applications without consideration or consultation of those living nearby.
It is understood that no contract has yet been signed with the Department of Integration, but local Cllr Mr Jim Ryan states that plans indicate that there could be up to 80 asylum seekers housed at the identified site in the near future.
Important – Readers Please Note: Cllr. Mr Jim Ryan has confirmed that invitations to attend the public meeting have been issued to officials from the Department of Integration, representatives of the developer Kilbrin Homes Ltd and local elected TD’s.
Cllr. Ryan also has stated that he has seen a letter from the Department of Integration that was attached to the Section 5 Exemption application, that states they would be interested in signing an agreement with Kilbrin homes for accommodating IPAS applicants, once all relevant permits, permissions and licenses have been approved with the relevant bodies.
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