The Irish government has released its long-awaited review of the Sexual Offences Act 2017 nearly five years past its original deadline, prompting renewed calls from rights groups and advocacy organisations for the full decriminalisation of sex work.

The legislation, which decriminalised the sale of sex but criminalised its purchase, was initially intended to shift legal liability from sex workers to buyers in an effort to reduce exploitation and trafficking. It also increased penalties for brothel keeping, a provision that has since come under sharp criticism for its unintended consequences.

The Department of Justice said the review had been delayed due to the Covid-19 pandemic and other administrative issues. Solicitor Maura Butler SC was appointed in 2021 to oversee the assessment, which had been required under the original law to be completed within three years of its passage.

The review outlines conflicting positions between law enforcement and advocacy groups, noting that while some stakeholders see the law as a tool to combat trafficking and exploitation, others argue it endangers sex workers by pushing the industry further underground.

One key concern is the criminalisation of brothel-keeping, which makes it illegal for sex workers to operate together from the same premises—even for safety. Groups such as Sex Worker Alliance Ireland (SWAI) and Amnesty International argue that this provision increases vulnerability, especially for migrant sex workers.

“Conflicting views exist as to whether the law on brothels should be amended to acknowledge that it is safer for those who sell sexual services to work together on an equal basis, where no coercion from a third party exists,” the report notes.

The Gardaí, however, expressed opposition to removing brothel-keeping offences, warning it could lead to an expansion of the commercial sex market.

The review highlights significant enforcement difficulties, including a lack of arrest powers for questioning and a high evidentiary bar. Since the law’s introduction, only 15 convictions have been recorded for the offence of paying for sex, out of 280 recorded incidents and 161 prosecutions directed by the Director of Public Prosecutions.

To improve enforcement, the review recommends:

• Introducing on-the-spot fines for sex buyers (Fixed Charge Penalty Notices)
• Targeted law enforcement campaigns
• Public awareness efforts regarding brothel-keeping laws
• Expanded training for health and social care workers to help identify trafficking victims

Justice Minister Jim O’Callaghan reiterated the government’s position that prostitution is inherently exploitative, stating:

“My key focus is to reduce demand, protect those involved in the sex trade, and support those who wish to exit.”

However, he acknowledged that demand has not decreased despite the criminalisation of the purchase of sex.

In a sharply critical response, Amnesty International Ireland described the review as a “missed opportunity” and called for full decriminalisation of consensual sex work.

“The law in Ireland forces sex workers to live in a violent system and facilitates their abuse and exploitation,” said Stephen Bowen, Executive Director of Amnesty Ireland.
“Criminalising those who buy sex is no solution… The criminal law should be directed at those who exploit or coerce sex workers—not at consensual adult transactions.”

SWAI echoed this view, arguing that the current legal framework continues to marginalise and endanger sex workers rather than offer protection.

The Department of Justice confirmed that it will consult further with An Garda Síochána, the DPP, and other stakeholders to consider the review’s recommendations. Any legislative changes will require new primary legislation, which could prompt further political debate.

The full review can be accessed on the government website: gov.ie.