Dáil debates

Tuesday, 6 March 2007

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (Resumed).

 

8:00 pm

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)

It is valid to question whether we would be here tonight discussing this Bill if a guillotine had not been imposed last year on the legislation introduced in this area. On that occasion, we were not given enough time to tease out the various measures proposed. The Government is pursuing a piecemeal approach that is reactive rather than proactive. It is a defective way of making legislation. The Minister, Deputy McDowell, has accepted that the lack of consolidating legislation in this area is not helpful.

I regard this Bill as important. If we do not provide for a deterrent targeted at initial access, more serious offences will occur. The crime that will be committed in such circumstances will be a greater one. It is not enough to put laws on the Statute Book without considering how they can be enforced. An article in last weekend's edition of The Sunday Tribune highlighted in a graphic way the fact that behaviour of this nature is anonymous and difficult to police.

We need to reflect on the significant difference between the way many first approaches are made to children nowadays and the way this was done in the past. Most approaches were made personally in previous times, but now many victims are not contacted personally. Forms of technology such as text messages, chatrooms and the Internet generally are now used as first points of contact with children. That young people are often more competent than their parents in the use of such technologies makes them even more vulnerable. The word "grooming", for example, meant something completely different 20 years ago. It would have been almost strange to describe it as something that would become an offence at some future stage.

It is important to understand the means by which crimes are committed. A lack of consolidated legislation has led to the problem we are trying to fix today. Our understanding of the use and misuse of technology, as it develops, will inform us about what is needed. I regret that we do not have enough time to consider this and other aspects of the legislation. Most people want to see more gardaí on the streets. It is clear that policing the Internet involves ensuring we have expert knowledge of the criminal ways in which technology can be used.

It is not enough to pass legislation — we must consider its end use. I support Deputy Boyle's proposal that we adopt the suggestion made by Barnardo's to organise a child summit. We need a more comprehensive approach. It is not just about legislation — it is about providing the resources to ensure that it is applied. We need to be ahead of the game in terms of understanding the use of technology. We should not be penny-pinching in providing the resources to deal with the problems which ensue when offences are committed.

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