Sex worker Laura Lee's court challenge put on hold

Laura Lee argues that criminalising those who pay for sex puts prostitutes in greater danger

A woman's bid to overturn a new law making it illegal for men to pay for sex in Northern Ireland has been put on hold.

Sex worker Laura Lee wants the High Court to quash legislation criminalising clients.

But there is uncertainty over who the challenge should be directed against.

Papers are now to be served on the Northern Ireland Assembly after arguments that it is the proper body to respond to the legal action.

A judge adjourned the case on Monday, saying: "It's necessary to consider these points and make sure we get it right before we set off."

Underground

The amended law was introduced last year after a private member's bill brought before the assembly by the Democratic Unionist Party MLA Lord Morrow.

Northern Ireland is the only part of the UK to make the purchase of sex a criminal offence.

Although the law shifts the burden from sex workers to their clients, workers believe it could leave them more vulnerable to violence.

They fear it will drive the trade underground and expose them to increased danger by making it increasingly difficult to screen customers who may use fake names and disposable phones.

Ms Lee's legal team have said the amendments to the Human Trafficking and Exploitation Act breach her human rights entitlements to privacy and freedom from discrimination.

Her team also allege a failure to comply with equality law.

Opposition

The challenge is directed against the Department of Justice even though it opposed the new legislative clause.

John Larkin QC, the attorney general, was in court on Monday after being instructed by the first and deputy first ministers to mount an opposition to the judicial review proceedings.

But after initial legal discussions it emerged that the challenge may need to be focused elsewhere.

The judge said that even though the Department of Justice has responsibility for criminal law, the amended legislation had come about through a private member's bill.

He said the case may have been taken against the wrong party.

Significance

He then backed a submission by the attorney general that papers should be served on the assembly itself.

The judge acknowledged Ms Lee, saying it was frustrating but necessary to put her challenge on hold.

"I feel it's of significance that we establish whether there is one respondent and who it is, or more than one and who they are," he added.

A hearing will be held next month to decide who should be involved in the case.