Following a four-year delay, the long-awaited review into Ireland’s 2017 sex worker’s legislation will be published by the end of the year, according to Justice Minister Helen McEntee. 

Last week in the Dáil TD Catherine Connolly put pressure on the Minister regarding the status and timeline of the review.

“I have decided that the most efficient way to complete the review is for the Data and Research Unit in my department to draft the report using the material provided,” said the Minister. 

“I believe this approach will ensure the review is completed without any further undue delay and I expect it will be completed by Q3 of this year,” she said.

Deputy Connolly still has concerns about the report’s credibility.  

Concerns and shared frustration 

The delay occurred due to the absence of an independent reviewer. The task had originally been assigned to solicitor Maria Butler SC, but she was unable to carry out the review within the timeframe due to her workload. 

“The Minister appears to have completely reversed her decision to carry out an independent review. Instead, she confirmed that the Data and Research Unit in the Department of Justice will now complete the review,” said Deputy Connolly. 

The Galway TD pointed out that should the review be carried out by The Department of Justice, it could lack accuracy and insight from the sex workers impacted by this legislation. 

“This review concerns a very vulnerable and marginalised group of people, who understandably have low levels of trust in State institutions. It is essential that the impact of the 2017 legislation on their lives is adequately and objectively examined,” she said. 

University of Galway’s Welfare officer Izzy Tiernan echoed these concerns.

“The independent reviewer stepped down but the sex workers, Sex Workers Alliance Ireland, were not consulted in the primary review, the primary stakeholders are being completely marginalised and unheard,” they said. 

Mx Tiernan questioned Minister Roderic O’Gorman on the delayed review at an event held at the University last week. 

“I was actually involved in writing its terms of reference to ensure the lived experience of sex workers was reflected in the review, but I share your frustration that we don’t have that out yet,” Minister O’Gorman said. 

Important voices not being heard 

Like Deputy Connolly, Mx Tiernan questions the credibility of the report due to the lack of firsthand information from sex workers on the ground. 

“This review is going to be finished by the end of the year, which is great news, but with about half as much research and data that they need … they don’t have the firsthand information from sex workers on the ground and the people who this law and policy affects directly … their voices are not being heard,” they said. 

The Sex Workers Alliance of Ireland (SWAI) has criticised the delay in the review and has called for the decriminalisation of sex work to protect the well-being and safety of sex workers. 

“The Sex Workers Alliance put in numerous requests around responses regarding the review process, but they have not gotten anything back and Minister McEntee is refusing to meet with sex workers … a review without engaging with the people affected is not going to be accurate,” Mx Tiernan highlighted. 

The Criminal Law (Sexual Offences) Act came into effect in 2017, which criminalised the purchase of sexual services. Prior to this, it was only seen as a criminal offence if the person selling sex was a minor or a victim of trafficking. 

Research by Queen’s University Belfast, the University of Limerick and Amnesty international has shown that that the legislation has made sex workers less safe. 

Minister McEntee in her reply to Deputy Connolly emphasised that “a key purpose for the 2017 Sexual Offences Act was to provide additional protection to persons involved in prostitution, especially vulnerable persons and victims of human trafficking”.

The Justice Minister assured that her department will consider the “research already undertaken” as well as other submissions received in order to complete the review by the end of the year.