Paul Bradford (Fine Gael)

I move amendment No. 1:

To delete all words after "Seanad Éireann" and substitute the following:

" notes the adoption by the European Parliament and the Council of the European Union, on 13 December 2011, of the Directive on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA;

welcomes the new Directive, in which Ireland was actively engaged during the negotiations, and which seeks to enhance the protection of children from sexual abuse and exploitation;

welcomes the requirement in the Directive that EU Member States take the necessary measures to ensure the prompt removal of any webpages containing or disseminating child abuse material hosted on servers within their jurisdiction;

notes that the Directive, with appropriate safeguards, permits Member States to take measures to block access to internet users within their territory of webpages containing or disseminating child abuse material hosted on servers outside their jurisdiction.

recognises that Ireland already has arrangements in place to secure the removal of webpages containing or disseminating child abuse material in Ireland and reports such material found outside the jurisdiction via the INHOPE network of internet hotlines and through cooperation with Europol and Interpol;

notes that many of the provisions of the UN Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, the Council of Europe Convention on the Protection of Children Against Sexual Exploitation and Sexual Abuse and the EU Directive on Combating the Sexual Abuse and Sexual Exploitation of Children and Child Pornography have already been implemented in existing domestic legislation;

notes that the Minister for Justice and Equality expects, in the coming months, to bring forward legislative provisions to Government for approval in the usual way, in order to strengthen the protection of children from sexual exploitation and sexual abuse, and facilitate full compliance with relevant international legal instruments; and

further notes that, following enactment of the necessary legislation, arrangements will be made to ratify the UN Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, and the Council of Europe Convention on the Protection of Children Against Sexual Exploitation and Sexual Abuse."

I welcome the Minister and I sincerely thank the Independent Senators for once again doing the Seanad and the public a great good in bringing forward a matter of such substantial importance. I listened with great interest to what the mover and the seconder of the motion said and I am looking forward to the Minister's response. Let us hope we can progress this very important matter together.

The subject of child abuse has, tragically but very necessarily, been to the fore on the political and social agenda in recent years. Many debates have taken place in this House and throughout wider society with regard to abuse in the church. We are also engaging in a necessary debate on abuse in the home and among families. Tragically, the rate relating to such abuse is extremely high. The abuse which is the subject of this debate, however, is that which takes place in the shadows - in dark places where depraved people abuse children. The lives of the children to whom I refer are literally being destroyed. As Senator O'Donnell stated, such abuse defines these children for life. This abuse does not merely amount to images on computer screens, photographs or whatever, it involves an act which results in children being defined for life. That is why the motion and the sentiments behind it must be taken very seriously by the Government. Action in respect of this matter must be taken at the earliest possible date.

Senator O'Donnell also referred to the "fading distinction between childhood and adulthood". That is a very important observation, which is worthy of much wider ventilation, and it sums up why this debate is taking place. The fading distinction to which she refers and the sexualisation of children across all strata of society are causing profound difficulties for children. This is an extremely serious matter about which we should be greatly concerned and in respect of which we should engage in a broad debate at a later date. The amendment I propose on behalf of the Government is not to strike out the proposition or in any way reduce the strength of what is proposed by the Independent group. It is simply to give a balanced overview of the current position and attempt to chart a route forward so that early progress can be made.

The motion before us covers a broad spectrum but there is a strong focus on seeking the Minister to legislate and require the introduction of a system of blocking web pages containing child pornography content. There is an ongoing debate, not just in Ireland but internationally, about the effectiveness of blocking systems. We must hear the Minister's views on that. In one sense, blocking systems are becoming almost obsolete and international experience now seems to show that most child abuse images or child pornography are now being transmitted and traded via other technologies on the Internet, such as peer-to-peer file sharing systems and online digital lockers, which would not be affected by the blocking of standard web pages. Sadly, the people who trade in and profit from this appalling business are probably trying to move one step ahead from a technological perspective, which is why we need the strongest possible response. It would be interesting to hear the Minister's comments on the effectiveness or otherwise of blocking systems.

It can be argued that blocking systems only hide the existence of illegal child abuse images instead of ensuring this criminal activity is tackled and removed at source. I am advised there have been significant improvements in the speed in which such content has been deleted or taken down in recent years but there is a long way to go. From international experience, it seems that blocking access to web pages and websites containing appalling and graphic child sexual abuse images at best prevents inadvertent or accidental access to such material. In almost all cases, sadly, a determined or sophisticated Internet user can circumvent such blocking systems with some degree of ease and continue to deprive children of respect through a depraved method of sexual enjoyment.

I am advised by officials in the Department of Justice and Equality that the German and Dutch governments, for example, decided not to introduce a process of blocking in respect of child abuse images on the Internet, and the Minister might comment on that. Last year the German Government decided to annul a law to block Internet usage where there is a possibility of child abuse images appearing as it came to the conclusion that the deletion of illegal content should be the priority. In effect, the material should be removed rather than having access blocked. In addition, the success of Internet hotlines and police forces internationally ensured that illegal child abuse images on the Internet would be removed in a much more timely manner. That is the updated position in Germany and the Netherlands.

We often see the Dutch as being liberal in one sense but also advanced in child care and protection. I am advised that a majority of the Dutch Parliament supported a Dutch Minister's decision not to require Dutch Internet service providers to block access to websites, etc. Following receipt of certain information, the Minister advised the Dutch Parliament of his conclusion that alternative Internet services apart from websites were being used to distribute child abuse images and as a result, the blocking of websites containing images, or a blacklist, would no longer serve as a reliable and effective way of making progress.

Like all great problems, this is complicated and complex so the answer may not be as clear as we would wish. We must move on this grave issue as children at home and abroad - right across the world - are being abused and people are benefiting from this financially. I look forward to the Minister taking the necessary action at the earliest opportunity.