Dáil debates

Wednesday, 31 January 2018

Harassment, Harmful Communications and Related Offences Bill 2017: Second Stage [Private Members]

 

3:55 pm

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent) | Oireachtas source

I note the core purpose of the Bill is about consolidating and reforming the criminal law concerning harmful communications. One of the difficulties with legislation is to trying keep up with the continual developments in technology. I acknowledge the work that went into the Bill, including the definitions relating to communication, stalking, harassment, intimate images and prohibited messages.

We all value technology, the advances which have been made, online convergence and the Internet. I have a lot of reservations about it being used to make so-called friends or virtual friends. I find it difficult that somebody can say he or she has hundreds if not thousands of so-called friends, whether on Facebook, Snapchat, Twitter or Instagram. We know devices are fertile ground for misuse and abuse for sad, sick individuals who prey on children and young teenagers. We have seen many examples of how this has led to inappropriate and very risky behaviour. A lot of damage is being done to young people. This was highlighted in a recent court case and other cases. It also highlights the loneliness, vulnerability and need for friends and affirmation of some young people, something which is recognised by those people who use all of that to their advantage.

Apart from sexual predators, the online world is very fertile ground for bullies. Those who do not have the technical skills to understand the other world their children access face a dilemma. Some parents want to respect their children's privacy, not be overly intrusive, and do not want to jeopardise trust. They are almost being politically correct. It is a difficult one. Trusting young people at an age when they are most vulnerable to be able to make adult-type decisions is difficult. At times, parents have to throw caution and being correct aside and learn exactly what their children are up to.

The Irish Internet Safety Awareness Centre can help parents with apps, their appeal and risks to young people and how to navigate between the two.

Young people face many challenges, not just in the online world outlined in the Bill but also in their educational career and dealing with drugs, alcohol, their sexual identity and gender and sexual activity. They need the skills to navigate them. Their relationships with adults and parents are vital in that respect. This also relates to their sense of self, identity and self-esteem and being comfortable in their own skin. It is important that they have the language and confidence to navigate these feelings and issues and express themselves openly without having to turn to that other world. It is okay to say they feel lonely, sad, anxious or hurt because not expressing these feelings, not having real friends or a significant adult to talk to or share with means that they will turn increasingly to the Internet, chat lines, etc. on which they will be particularly vulnerable to those who will take advantage of them.

The offender profile shows many of the same needs, lack of self-esteem and identity, loneliness, feelings of anger and jealousy and not being able to connect. Over one quarter of all sex offenders detected by gardaí are teenagers, some as young as 13 years. I know of teachers who have been referring to what they see as inappropriate sexualised language among primary school students. There is a need for intervention and therapy, work the Northside Inter-Agency Project, NIAP, has been doing unobtrusively. I understand, however, that there are waiting lists. It is disastrous to delay that intervention and therapy. We all know of the importance of early intervention to stop behaviour worsening. Unless that happens, it is likely they will be the online predators of the future. There is a programme for jailed sex offenders who want to engage in a rehabilitation process when they show real remorse for and an awareness of what they have done. Perhaps there are those who believe they are beyond rehabilitation, but I believe in supporting those who want to rehabilitate and will be amenable to intervention.

I know that there are differences of opinion on having a digital safety commissioner, but we need to know more about the possibilities by studying international best practice. I have seen reports that the existing laws and the courts are sufficient and adequate to deal with the offences committed. Internet and technology companies have responsibilities and can do better on the issue of online safety because closing down technology is not the answer. Companies have been very remiss in neglecting to deal with the issue of cyber safety, especially for young people.

Schools can only do so much. Mobile phones have been banned from schools. Students, teachers and parents did without mobile phones for many years and parents even managed to contact schools using a landline. When I was teaching, I often had to confiscate mobile phones because they were being used during class time. We do not know what is going on in these situations. Parents are vital in taking on this issue by limiting the time their children and teenagers spend on gadgets, mobiles, smartphones, the Xbox and PlayStation. There is 24-hour access to Wi-Fi throughout the home. Parents do not know what happens when children bring their mobile phone to bed. It is a question of being lonely and friendless which is horrible for young people. We need to encourage them to socialise in other ways in real life because, apart from the dangers of online socialising, it is very lonely. It takes the human out of human interaction. I am all for helping children and young people to make real friends through sports and other activities and especially giving them the language they need to articulate what they feel and to be able to work on with what they are uncomfortable when they are engaging in some of these activities online. It is very opportune that the Labour Party has brought forward the Bill as it gives us an opportunity to discuss the issue because there is no doubt that we are behind the times on it.

Comments

No comments

Log in or join to post a public comment.