Dáil debates

Thursday, 25 January 2018

12:10 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour) | Oireachtas source

The horrific criminal case of a 26 year old man who has pleaded guilty to grooming girls as young as nine has shocked the country. It follows a number of recent and news reports on the types of harmful communications that new technology has enabled. These range from the appalling case that I just referenced to the insidious type of cyberbullying that is now a grave concern for many parents throughout the country and the impact so-called revenge porn has had on both men and women. However, our laws are hopelessly out of date and there has rightly been a public demand for us in this House to act. The Internet and social media are a wonder of human ingenuity that have brought people closer together, but clearly they have a dark side. In the vacuum of no clear Government policy, we had a Minister of State make the ludicrous suggestion that social media accounts should be tied to public service cards.

In 2013, the then Minister with responsibility for communications, Mr. Pat Rabbitte, set up an Internet expert group on Internet conduct and governance. The group's report made a series of structural, legislative and administrative recommendations, including that the existing offences of sending messages which are grossly offensive or indecent, obscene or menacing should be updated to include new forms of electronic communication. As the law stands, only phone calls and texts are covered.

In 2016, the Law Reform Commission report on harmful communication and digital safety was published. It highlighted gaps in the criminal law, in particular those relating to newer forms of communication. Last year, the Labour Party published our harassment, harmful communications and related offences Bill which is based on the Law Reform Commission report. We intend to bring that Bill before the House next Wednesday during Private Members' time. However, the second part of the Law Reform Commission recommendations that we need a digital safety commissioner is outside the scope of a Private Members' Bill because it would be a charge on the State. The Irish Examiner reports today that the Government will appoint a digital safety officer. I assume this will be modelled on that in the Law Reform Commission report. However, the Government's legislative programme is silent on the matter.

I have two simple questions for the Tánaiste. What exactly is the Government proposing? When will we see a digital safety officer in place on a statutory basis? In the interim, will the Tánaiste confirm that the Government will support the much needed reform outlined in the Law Reform Commission report which we encompassed in our Bill to be brought before the House next week?

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