Prostitution in Northern Ireland

The Policing and Crime Act 2009 (S. 20) replaced Ss 60–61 of the Sexual Offences (Northern Ireland) Order 2008 dealing with soliciting by a new offence, S. 60 "Soliciting":[10]

(1) It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B's sexual services as a prostitute.
(2) The reference to a person in a street or public place includes a person in a vehicle in a street or public place.

(3) A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

The Policing and Crime Act 2009 (S. 15) created a new offence[9] by amending the Sexual Offences (Northern Ireland) Order 2008 to include S. 64A "Paying for sexual services of a prostitute subjected to force etc.":[11]

(1)A person (A) commits an offence if—

(a)A makes or promises payment for the sexual services of a prostitute (B),

(b)a third person (C) has engaged in exploitative conduct of a kind likely to induce or encourage B to provide the sexual services for which A has made or promised payment, and

(c)C engaged in that conduct for or in the expectation of gain for C or another person (apart from A or B).

(2) The following are irrelevant—

(a) where in the world the sexual services are to be provided and whether those services are provided,.

(b) whether A is, or ought to be, aware that C has engaged in exploitative conduct.

(3) C engages in exploitative conduct if—

(a) C uses force, threats (whether or not relating to violence) or any other form of coercion, or.

(b) C practises any form of deception.

(4) A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Influenced by policies in Sweden, the Democratic Unionist Party Peer Maurice Morrow successfully campaigned for the criminalisation of purchasing sex in Northern Ireland.[12] The Northern Ireland Assembly voted in Morrow's private members bill, Human Trafficking and Exploitation (Further Provisions and Support for Victims) Bill. On 1 June 2015 the resulting Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 was introduced. While prostitution was only one element of the Act, the Act also stated that soliciting and loitering were no longer offences and that a programme of support would be offered to those exiting prostitution. Clients would be subject to a maximum penalty of one year in prison and a fine of £1000.[13]

Justice Minister, David Ford, who had earlier commissioned a study of the issue,[14] expressed his opposition to clause 6, as did the police.[15][16] The commissioned research was carried out by Queen's University Belfast.[17] The Catholic Church supported the legislation,[18] alongside the Irish Congress of Trade Unions, and many women's groups such as Women's Aid[19] and Equality Now. Since it resembles legislation enacted in Sweden, a public debate on the merits of that law ensued,[20] in addition to discussion as to what the state of affairs in Northern Ireland actually was. The DUP consistently backed the proposal to criminalise the purchase of sex in Northern Ireland. Despite initial scepticism, Sinn Féin, the Social Democratic and Labour Party, the Ulster Unionist Party, and the Traditional Unionist Voice all voted in favour of criminalisation. Only the Alliance Party, the Green Party, and NI21 opposed it. The Bill appeared to have public support, according to an October 2014 poll carried out by CARE.[6]

Paying for sexual services of a person

6.—(1) The Sexual Offences (Northern Ireland) Order 2008 is amended as follows.

(2) For Article 64A (Paying for sexual services of a prostitute subjected to force etc.) substitute⁠—

“64A Paying for sexual services of a person

(1) A person (A) commits an offence if A obtains sexual services from a person (B) over the age of 18 in exchange for payment⁠—

(a) if the payment is made or promised by A; or

(b) if the payment is made or promised by a third party.

(2) Person A guilty of an offence under this article is liable⁠—

(a) on summary conviction to a fine not exceeding level 3 on the standard scale;

(b) to imprisonment for a term not exceeding one year or a fine not exceeding the statutory maximum, or both.

(3) In paragraph (1), "payment" means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.

(4) For the avoidance of doubt, person B is not guilty of aiding, abetting or counselling the commission of an offence under this article.

(5) Within the first year of this offence coming into effect, the Department must raise awareness of this offence.

(6) The Department shall collect data to review the operation of this offence and report to the Assembly after this offence has been in effect for three years.".

The Bill passed First Reading in June 2013, and Second Reading on 24 September 2013. Submissions closed on 1 November 2013. The committee reported on 10 April 2014, with members divided on clause 6. The Justice Department continued to be opposed to clause 6.[21][22][23] Amendments were anticipated and introduced in October 2014, with the final consideration debate on 20 October. The vote on clause 6 was 81:10 to approve it.[24] 95% of the Human Trafficking and Exploitation Act 2015 came into effect on royal assent, but the criminalisation of the purchase of sex did not come into effect until 1 June 2015.

In September 2016, sex worker and law graduate Laura Lee brought a case to the Belfast High Court to re-evaluate the current prostitution laws in Northern Ireland, and to repeal Lord Morrow's law[25] that made the purchase of sex illegal in 2015. The hearing had been granted for a judicial review,[26] and the date was to be announced. Following the death of Laura Lee on 7 February 2017,[27] the legal challenge was withdrawn.[28]

Figures released by the Public Prosecution Service (PPS) in August 2016, showed that 10 men had been arrested under this legislation since it was introduced. Seven were referred to the PPS. Of those, no action was taken 3 cases, 2 men received cautions and the remaining two cases were being considered by a senior prosecutor.[29] The first prosecution for paying for the services of a prostitute was on 27 October 2017 in Dungannon Magistrates Court. District Judge John Meehan was due to hear the case at a later date.[30][31]