Ireland: Following Up On "Upcoming legislation will attempt to decriminalise sex work across the Republic of Ireland"

With sex work currently under the “Nordic Model” in Ireland, why decriminalize? And why now?

By: Artemis T. Douglas

Editor's Note: This Article was first published in print on Nov. 18 by The University Observer (UO). It is republished here at The Needle with permission from UO. The original article from The University Observer is available online here

TD Ruth Coppinger and Red Umbrella Éireann announced the upcoming introduction of a bill to decriminalize sex work across the Republic of Ireland on Oct. 19.  The bill, which has not yet been introduced in the Dáil, aims to make sex workers’ lives safer.  

Ireland- RUÉ Announces Their Parliamentary Campaign to Decriminalize Sex Work Across the Republic of Ireland

Framed as a step towards equal rights for sex workers, the announced legislation (to be introduced) is the result of a collaboration between sex workers themselves and a parliamentarian.

The Needle - NewsArtemis T. Douglas

The University Observer spoke to TD Coppinger and a representative from Sex Workers Alliance Ireland (SWAI). TD Coppinger said the bill is not yet formally introduced. According to the representative from SWAI, they are still doing the work to bring more policymakers on board to publicly support the bill prior to TD Coppinger moving it forward in the Dáil.

According to the representative from SWAI, the current legal framework in Ireland- known as the “Nordic Model” doesn’t protect sex workers, and instead harms sex workers. 

The representative continued, explaining that the Nordic model empowers exploitation due to factors including less negotiating power, having to meet in hidden locations, and being unable to screen clients.

The representative from SWAI explained that if the bill passes, sex workers can work together for safety. Under the bill’s provisions, up to four sex workers can run owner-operator brothels - giving them more control over their earnings and removing exploitative third parties from the equation. 

The legislation, as designed, would also give sex workers the right of refusal. The representative from SWAI stressed that sex work is work alongside the idea that it is also sex - making the choice of consent or refusal incredibly important. 

They explained that decriminalisation is about protecting sex workers and anyone engaged in sex work.

Another provision of the upcoming legislation is enabling more people to leave sex work. Under the current model, convictions related to sex work limit off-ramps out of sex work.

If the new bill passes, previous convictions related to sex work will be sealed. This in turn would provide a pathway for those who want to leave sex work - as a brothel keeping charge usually traps people into sex work or very low-wage jobs. 

It also is designed to account for concerns that decriminalisation of sex work would enable exploitation or coercion of people into sex work by criminalizing such behavior. Specifically, the bill addresses this through a sentencing enhancement. In other words, the bill has provisions making it both illegal and an aggravating factor in sentencing to induce or compel sex work or handing over money for sex. 

SWAI has been working to gather more support from politicians to eventually pass this new legislation. 

The representative from SWAI also said that this moment is the result of years of ground work, campaigning, and education to gather enough support for this legislation. 

They compared the process to get TD Coppinger onboard with the bill and the ongoing effort to bring other TDs into public support to the abortion rights campaign. 

Gaining bodily and economic autonomy in terms of sex work has involved similar effort to gain those in terms of abortion. It’s a similar process - it took the work of talking to people, engaging with people, and working with policymakers and politicians to convince them that current law, the Nordic model, actually harms people.