Oireachtas Joint and Select Committees

Wednesday, 2 May 2018

Select Committee on Justice and Equality

Data Protection Bill 2018: Committee Stage

9:00 am

Photo of Colm BrophyColm Brophy (Dublin South West, Fine Gael) | Oireachtas source

I will not repeat points made by Deputies Mick Wallace and Clare Daly. However, as a committee member, it is appropriate to state we did work on this issue as a committee. There is a process in which committees engage. It is a vital part of drafting and putting together the approach to be taken to legislation. We looked at the issue; brought people in and listened to them and made a judgment, particularly with reference to Deputy Jim O'Callaghan's contribution. The judgement was well thought out and made having listened to experts give voice to all sides to the argument. It is not easy to make up one's mind on this issue. It is regrettable, having gone through that process and looked at the issue as a committee and made our decision, that it is now being revisited.

I still believe the age should be 13, for the reasons that have been outlined and for the reasons the committee originally supported. It is sometimes easy for politicians of all parties and none to see something that looks like a very acceptable and widely supported political solution. However, we have to look at the realities of the situation and find a workable solution, one that I fundamentally believe is in the best interests of the protection of children. We must ensure the proper use of data, control it and not have it used for exploitative purposes. It seems to me that moving the age of digital consent from 13 to 16 is just choosing the easy option, the option that sounds good and which has gained much credibility because people who have not had the opportunity to look at the issue in the same level of detail have moved their position to it. If I had not sat at this committee and looked into the issue, and if I did not have the benefit of hearing from the Ombudsman for Children and reading that report I might have thought that the idea of moving the digital age of consent to 16 was the right idea. Having gone into at length in this committee, I am firmly of the belief that the best solution is that the digital age of consent should be set at 13.

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