Robert Troy (Longford-Westmeath, Fianna Fail)
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I thank the Ceann Comhairle's office for selecting this Topical Issue matter. It is only right and proper that we have an opportunity to discuss such an important issue. I raise it in the context of the survey published by the National Association of Principals and Deputy Principals which shows a disturbing rise in the number of victims of cyberbullying and the number of pupils who admit to such bullying. As well as the headline figure of a 33% increase in students who report being cyberbullied and an 80% increase in the number of students admitting to cyberbullying another student, the survey found that only one in four parents monitors children's online activity daily, while 15% of parents admit never doing so. These findings copperfasten those of a recent study by DCU which found that 14% of students reported being cyberbullied and 8% admitted carrying out cyberbullying. Clive Byrne, director of the National Association of Principals and Deputy Principals, has observed that cyberbullying poses a clear and present threat to the collective morale of schools. The NAPDP survey showed, he said, that the less parents monitored their children's online activity, the less they knew about what might be going on.

I accept that this is a complex issue, made more complex by the rate of advances in technology, and, as such, is far from simple to tackle. Moreover, responsibility in this area spans several Departments. The Joint Committee on Transport and Communications recently prepared a report on this issue which was discussed at a Friday Dáil sitting some weeks ago and will feed into the work of the Internet content governance advisory group. Many schools are being proactive in this and are doing good work in educating parents on the devastating consequences of cyberbullying. In fact, I received an invitation this morning from the Presentation senior school in Mullingar to attend its information evening.

My specific concern today is the role of the Department of Justice and Equality in this matter. Specifically, I am concerned it is not receiving the urgency and priority it deserves. Lives are being lost and this is a time-sensitive issue. Last year, in his 2013 report, the special rapporteur on child protection pointed to a clear deficiency in the legislation to deal with this area. Twelve months later, no action has been taken to implement the clear recommendation of the rapporteur. The simple reality is that the legislation has not kept pace with advances in technology. My Cyberbullying Bill 2013, which I published last year, would create a stand-alone offence of cyberbullying that would apply both to those who engage in the act and those who assist or encourage it. If enacted, this legislation would ensure there are consequences for the bully, not the vulnerable child. As it stands, the perpetrators are getting away with their behaviour.

This is about protecting children, not punishing parents. In fact, it is a core protection issue. I appeal to the Minister of State to consider giving time to debate this crucial matter. As I said, it is a time-sensitive issue. Unfortunately, lives are being lost as a direct consequence of cyberbullying.

Kathleen Lynch (Cork North Central, Labour)
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I am taking this important issue on behalf of the Minister for Justice and Equality. Cyberbullying is an issue of concern for all of us. Indeed, the Minister is conscious that there has been increased awareness of this issue as well as increased support for those who are the targets of bullying. A wide range of actions are already in place aimed at raising awareness among children and young people, and their parents, of the importance of safer Internet use in general and cyberbullying in particular.

One important initiative in this area is the Safer Internet Ireland Project, which is co-ordinated by the Office for Internet Safety, OIS, under the auspices of the Department of Justice and Equality. Funded by the EU's Safer Internet programme, the project is a consortium of industry, education, child welfare and Government partners which provide safer Internet awareness, hotline and helpline functions in Ireland. The Professional Development Service for Teachers under the auspices of the Department of Education and Skills, ISPCC-Childline, the National Parents Council - Primary, and Hotline.ie operated by the Internet Service Providers Association of Ireland are all partners in the consortium. The aim of the project is to develop national initiatives promoting safer use of electronic media and enhance protection of the vulnerable, particularly children, against the downside of the Internet, including cyberbullying. The OIS also makes relevant information available, through its website, on linked sites and through its publications, to children and young people and their parents.

One of the booklets produced by the OIS focuses specifically on the issue of cyberbullying. In addition, a leaflet entitled Combat Cyberbullying was produced by the OIS for International Safer Internet Day, which took place on 11 February last. Copies of this leaflet in soft and hard copy format are available from the OIS. The OIS also works closely with the Garda Síochána and contributes material for use in the Garda schools programme. The Minister would also like to mention that his colleague, the Minister for Education and Skills, has undertaken an extensive awareness raising programme on bullying, including cyberbullying, for use in schools.

As the Deputy knows, bullying, including cyberbullying, may constitute an offence under existing legislation. Harassment is an offence under the Non-Fatal Offences Against the Person Act 1997. The Prohibition of Incitement to Racial Religious or National Hatred Act Act 1989 was enacted to prohibit incitement to hatred on account of race, religion, nationality or sexual orientation. The Communications (Retention of Data) Act 2011 permits the retention of and access to data for the purposes of preventing, detecting, investigating or prosecuting serious offences. Cyberbullying may be an offence under any of these Acts. The Minister is aware that the Deputy has proposed legislation on cyberbullying. He would like to thank the Deputy for his interest and work in this area. In November 2013, the Law Reform Commission published its fourth annual programme of law reform. As part of this programme, the commission will examine the topic of cyberbullying as an element of the project on crime affecting personal safety, privacy and reputation including cyberbullying.

In view of the existing legislation and of the work of the Law Reform Commission, the Minister does not intend to legislate on cyberbullying at this time. The Minister will, of course, look carefully at the commission's report when it is furnished to him. The Deputy will recall that the Minister's colleague, the Minister for Communications, Energy and Natural Resources, announced at the end of November 2013 that he was setting up the Internet content governance advisory group to consider, among other things, emerging issues in the area of online content and the general impact on the lives of children and young people of bullying and harassment online. The group will take submissions from the public and interested groups. The Minister understands that it is due to report to him in the summer. As part of this process, the Minister will be very interested to hear from Deputies who have a particular interest in this area.

Robert Troy (Longford-Westmeath, Fianna Fail)
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I thank the Minister of State for her reply. In my original contribution, I acknowledged the work being done by the Government and accepted that this is an issue of public health and education. I also said it is a time-sensitive issue because lives are being lost. We cannot afford to wait for advisory groups to come back and report on this, that and the other, especially when we are talking about people's lives. If the Non-Fatal Offences Against the Person Act 1997, which was mentioned by the Minister of State, was fit for purpose and was keeping pace with advances in technology, there would have been no need to refer it to the Law Reform Commission. The decision to refer the Act to the commission is an acknowledgement that there is a deficiency and a weakness in it. If the existing legislation is so strong, why are so few criminal prosecutions being brought in respect of cyberbullying, which is now at an epidemic stage? That is just a point I want to make. Education and resources are of great importance in this regard. If we introduce stand-alone legislation that clearly outlines the consequences of this venal and horrendous crime for perpetrators - parents who do not monitor their children must also accept an element of responsibility in this regard - it will act as a clear deterrent for those who might otherwise engage in it. As a result of cyberbullying, some children will be psychologically damaged for a long period. Even worse, some teenagers and young children have taken their own lives on foot of this behaviour. I would like the Minister of State to ask the Minister to consider introducing stand-alone legislation which would act as a clear deterrent by pointing out the clear consequences for those who engage in this awful crime.

Kathleen Lynch (Cork North Central, Labour)
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I understand perfectly that people can become quite upset when they see horrendous things happening in their communities. I think we have all had that experience. I accept fully that there is a genuine concern in this whole area. The Deputy and I know that when a young person - a ten year old, a 14 year old or a 16 year old - is being bullied online, it usually involves someone else in his or her peer group. I am not certain about what can be done if a 12 year old or a 14 year old is bullying a ten year old. Education is the way forward if young people are to recognise that when they push the button to send something, it might disappear from their screens but that does not necessarily mean it has no consequences for the person who receives it or for the person who sent it. I am not certain about how to deal with that other than by educating young people not to be bullies, regardless of whether that bullying takes place face to face or online. It is a question of education. While I do not share the Deputy's view that there is, as he termed it, an epidemic, in this regard, I agree with him that if one child is damaged as a consequence of this type of action, it is one child too many. Regardless of whether it is my child or someone else's child who is bullied, we know it causes a great deal of upset within a whole circle of people. There are ways of dealing with this activity. If it is not this today, it will be something else tomorrow. It has to be about education. The Deputy is quite right to say that is not just about schools or friends. It is equally about parental responsibility. Most parents are not as au fait with the whole online sphere as their children. I am not. I do not think any of my friends are as up to date on these matters as their children. There is definitely a great deal of work to be done in this area from an educational perspective. We need to point out to people who engage in this activity that their actions have consequences and that those consequences are sometimes fatal for the person who is being bullied.