Sex Work in Ireland: Evaluating the 2025 Review of the Criminal Law (Sexual Offences) Act 2017

by Katie Dowling, Associate.

In March 2025, the Irish Government published its much-discussed review of the Criminal Law (Sexual Offences) Act 2017. This review marks a significant moment in the evolution of Ireland’s approach to sex work. Central to this legal framework is the adoption of the “Nordic model,” whereby it is a criminal offence to pay for sexual services, whilst selling them remains legal. This model was initially adopted with the objective of safeguarding vulnerable individuals by shifting the criminal burden onto those who create demand. However, eight years after its introduction, the evidence base supporting this approach remains contested, and the lived experiences of sex workers reveal a far more complex reality.

The review sets out to introduce several new measures aimed at enhancing enforcement. Among these is the proposed introduction of Fixed Charge Penalty Notices for those caught paying for sexual services. These on-the-spot fines are intended to streamline enforcement and serve as an immediate deterrent. Alongside this, the review recommends granting the Gardaí limited arrest powers to detain and question individuals suspected of purchasing sex. Although such measures might seem to promise greater efficiency in the enforcement process, there are significant legal and human rights concerns that must be addressed.

A key criticism of the review is that it fails to move away from an enforcement-centric model. By proposing summary fines for acts that occur between consenting adults, the legislation risks undermining the principle of proportionality in criminal law. It raises serious questions about whether such a system can justly differentiate between harmful exploitation and consensual transactions that, while perhaps morally contentious, do not inherently equate to criminal conduct. The application of these fines could result in individuals being penalised in a manner that is disproportionate to the offence, particularly when contrasted with the fact that those selling sex do not face criminal sanctions.

Furthermore, the review has been criticised for its apparent exclusion of the voices of sex workers. Although the Department of Justice conducted consultations with various organisations argue that those who are directly impacted by the legislation were not adequately represented in the review process. This exclusion is problematic from both a procedural and a substantive legal perspective. It is widely accepted that any law impacting a marginalised group should be formulated with direct input from that group, ensuring that policies are both informed by real-world experiences and tailored to address the nuanced challenges they face.

Another area of concern is the persistence of the “brothel-keeping” provisions within Irish law. These laws prohibit sex workers from operating in pairs or groups, which has the unintended consequence of penalising those who take rational steps to enhance their personal safety. For instance, a sex worker sharing accommodation with a colleague for mutual security may inadvertently fall foul of these provisions and face prosecution. Despite extensive criticism from advocacy groups and researchers over the years, the 2025 review does not propose any meaningful reform in this area, thereby continuing to place sex workers in a legally precarious position.

The review’s focus on deterrence, rather than the adoption of a rights-based framework, also raises broader human rights issues. While the intention behind criminalising the purchase of sex is to combat exploitation, in practice it may increase the isolation and stigmatisation of sex workers. The resultant legal insecurity can drive the industry further underground, complicating efforts to provide necessary health and social services to those involved. International bodies such as the United Nations and Amnesty International have long advocated for the decriminalisation of sex work as a more effective method of protecting the rights and safety of sex workers. This perspective stands in stark contrast to the current approach endorsed by the Irish review.

In conclusion, the 2025 review of the Criminal Law (Sexual Offences) Act 2017 appears to reinforce the status quo rather than initiate substantive reform. While the measures proposed by the review are aimed at improving enforcement efficiency, they raise significant concerns about proportionality, human rights, and the exclusion of those most affected from the policy-making process. As Ireland continues to grapple with the challenges inherent in regulating sex work, it is imperative that future reforms are underpinned by robust evidence and informed by the experiences of sex workers themselves. Only through an inclusive, evidence-based approach can the balance be struck between the aims of deterrence and the imperative to protect individual rights and dignity.

As the legal framework around sex work in Ireland continues to shift, our firm offers informed, confidential advice and legal representation in response to the latest legislative developments. We support individuals affected by these changes and ensure your rights are protected throughout every stage of the legal process. Whether you are seeking clarity on your position or require immediate legal assistance, we are here to help.