Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

Ní dóigh liom go mbeidh sé sin go léir ag teastáil uaim ag an am seo den oíche. A number of years ago, we passed a constitutional amendment in the State which at its heart had the commitment that the interests and welfare of the child would be a paramount concern. It was a significant statement and it is consistent with the intent in this Bill. Our Constitution protects our own citizens but the intent should be to protect children at risk, no matter where they are in the world.

I commend Deputy Maureen O'Sullivan on the Bill, which we will support. I will be guided by her approach to the Government amendment but it is legislation that is of value. It is motivated by what is often called sex tourism, although it is not a phrase of which I particularly approve. It describes the travelling of people from wealthy western countries to developing countries with a view to exploiting more vulnerable people, particularly children.

The motivation is to deal with and restrict the ability of sexual offenders to travel to such countries. I refer particularly to where there is inadequate child protection and child welfare legislation. Deputy O'Sullivan has worked closely with the People's Recovery, Empowerment and Development Assistance, PREDA, foundation and Fr. Shay Cullen. He has been campaigning on the issue of children's rights, particularly in south-east Asia. There is a significant problem there with people travelling to exploit people sexually.

The United Nations International Children's Emergency Fund, UNICEF, says that 60,000 young children are abused in the Philippines annually. PREDA has helped hundreds of children, some as young as seven or eight years old. It is extraordinary work and it is right and proper that whatever legislative support can be given is given. It is primarily a matter to be dealt with by those governments. They are responsible for the extremely poor standards and for failing their own citizens. There is a contribution this State can make. Obviously Ireland, no more than anywhere else, is not immune from this and doubtless there are Irish people who would consider travelling and exploiting in this way.

The legislation seeks to amend the Sexual Offences Act 2001. I acknowledge the Minister has announced he intends to review this legislation and bring forward heads of a Bill to amend the Act shortly. I look forward to engaging with him on that. It does so in a proportionate way. The Minister has stated that he has some views on the constitutionality etc. Most constitutional rights are not absolute. Proportionate interferences with constitutional rights are permitted. That is an established part of constitutional jurisprudence. When somebody is a risk where they are travelling, that would be a perfectly proportionate interference with constitutional rights. There is a balancing of rights. If somebody is a risk then his or her ability to travel should be restricted, in certain circumstances and subject to judicial discretion. That is also at the heart of this legislation.

This is envisioned as a condition that could be placed upon somebody who is convicted. It allows for judicial discretion and flexibility. That is vitally important. It goes about it in the right way. I hope the Government will genuinely work with the proposer of the Bill, Deputy O'Sullivan and that is not going to be another piece of legislation that is stalled. I hope there will be a genuine desire to engage and work through this Bill. I wish to acknowledge a point raised by Deputy Fiona O'Loughlin. I refer to the sentencing of sexual offenders in this country. I have raised this point on a number of occasions. Ms Justice Úna Ní Raifeartaigh raised the point recently that there are no sentencing guidelines available to judges and that there is inadequate structure or guidance for legal representatives as well. It was described as quite bizarre. I think that was the phrase. I have met the Minister and officials and have tried to be constructive. We have amendments down to the Judicial Council Bill. I recognise the Minister is not here at the minute but we have had a good engagement. I hope he will be able to progress this, that we can work progressively on this and it is something that can be delivered. I refer to delivering sentencing guidelines in the Judicial Council Bill. I hope the Chief Whip will convey that to the Minister.

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