Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

The sexual abuse and exploitation of children is one of the most serious and pernicious problems that any society faces. Unfortunately, with the development of the Internet, that problem is being further aggravated. We are now aware there is a serious problem with the Internet being used by criminals for the purpose of the sexual abuse and exploitation of children. The Topical Issue matter that I raise concerns two of the international conventions that Ireland has signed to protect children from abuse on the Internet, but which we have not ratified. I refer in particular to the Budapest Convention, signed in 2001, and the Lanzarote Convention, signed in 2007, which have yet to be ratified by the State. These instruments should be ratified.

There are ways of dealing with the abuse and exploitation of children on the Internet, but that can be done only through international co-operation. A number of international agreements seek to deal with the issue. On the most general basis, there is the United Nations Convention on the Rights of the Child, which establishes the right of children to be free from abuse and exploitation. Since then, a number of conventions have been signed and brought in by the EU and the Council of Europe. I refer again refer to the Budapest Convention on Cybercrime, which was signed in 2001, and the Lanzarote Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. Ireland has signed both of these conventions but has ratified neither. This will not come as a surprise to the Minister or the Government because Dr. Geoffrey Shannon, the special rapporteur on the protection of children, brought this expressly to the attention of the Government - lest it needed to be brought - in his report of 2014 in which he stated:

Ireland has signed both Conventions, but has ratified neither. In order to ensure the highest standards of protection for children, and the highest level of international cooperation in this area, it is imperative that both Conventions are ratified without reservation.

This is what the Special Rapporteur on Child Protection said in 2014 and regrettably Ireland is still in a situation where the Government has ratified neither of those conventions.

It is important to be aware of what the conventions expressly provide for. The Budapest convention deals specifically with individual actions of production, possession, distribution and solicitation of child abuse images. It does not deal with the issues of grooming or soliciting a child to engage in activity that could facilitate the production of pornographic material but it provides very important requirements for states to introduce to protect children.

The more recent Lanzarote convention was signed in 2007 and deals specifically with the issue of child pornography. In a development of the Budapest convention, this convention stipulates that member states must criminalise the intentional act of "knowingly obtaining access, through information and communication technologies, to child pornography". The explanatory report to the convention clarifies that this is "intended to catch those who view child images online by accessing child pornography sites but without downloading and who cannot therefore be caught under the offence of procuring or possession in some jurisdictions". Those conventions were signed, respectively, 18 years and 12 years ago. The Government has not ratified them. I am pleased the Minister for Justice and Equality, Deputy Charles Flanagan, is in the Chamber to take this matter. It is such an important issue that it demands his presence. I want an answer from the Government as to when these crucial conventions will be ratified by Ireland.

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