Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move amendment No. 102:

In page 34, between lines 2 and 3, to insert the following: “Amendment of Children First Act 2015

53. The Children First Act 2015 is amended—

(a) in section 2, by the deletion of paragraphs (b) and (c) of the definition of “sexual abuse”,

(b) in Schedule 3—

(i) by the insertion of the following paragraph after paragraph 9:

“9A. An offence under section 3A of the Criminal Law (Sexual Offences)Act 2006 (offence by person in authority).”,

(ii) in paragraph 10, by the substitution of the following for subparagraph (b):

“(b) section 4 (allowing child to be used for child pornography);

(c) section 4A (organising etc. child prostitution or production of child pornography);

(d) section 5A (participation of child in pornographic performance).”,

and

(iii) by the insertion of the following paragraph:

“14. An offence under any of the following provisions of the Criminal Law (Sexual Offences) Act 2016:

(a) section 4 (invitation etc. to sexual touching);

(b) section 5 (sexual activity in presence of child);

(c) section 6 (causing child to watch sexual activity);

(d) section 8 (use of information and communication technology to facilitate sexual exploitation of child).”.”.

Again, this involves consequential changes to other Acts, consequent on the offences that have been created in the Bill. This makes various changes to the Children First Act on foot of the other provisions of the Bill. The Act imposes certain obligations on those working with children to protect them from harm, which includes sexual abuse. The intention of the amendments is to bring some of the child-related offences created by the Bill within the definition of sexual abuse and that is done by adding references to Schedule 3 of that Act. The first part of the amendment deletes paragraphs (b) and (c) from the definition of sexual abuse. The definition of sexual abuse of a child currently has three components, namely, an offence against the child, specified in Schedule 3; exposure of the child to pornography and; sexual activity in the presence of a child. Since the conduct targeted in paragraphs (b) and (c) is the subject of new offences in sections 5 and 6 of the Bill, there is no longer a need for the paragraphs.