Dáil debates

Friday, 10 July 2015

Criminal Law (Child Grooming) Bill 2014: Second Stage [Private Members]

 

10:00 am

Photo of Marcella Corcoran KennedyMarcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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I move: "That the Bill be now read a Second Time."

I welcome this opportunity to debate what I believe is a timely and important Bill. This legislation is the result of my previous work on the Joint Committee on Justice, Defence and Equality and with front-line agencies supporting victims of abuse and exploitation. It is a short Bill which will create an offence of child grooming for sexual exploitation. Incredibly, Ireland does not have a specific child grooming offence.

Deputies may recall that such a proposal was unanimously supported by the members of the Joint Committee on Justice, Defence and Equality, as part of the review of the laws on prostitution a couple of years ago. The committee is very ably chaired by our colleague, Deputy David Stanton. This debate is timely as it is taking place just two weeks after the United Nations Committee on the Rights of the Child challenged Ireland to outline what measures are in place to protect children from sexual abuse and grooming. The committee set a four-month deadline for Ireland to respond.

I believe the creation of an offence with strong penalties will address the concerns of the United Nations committee and also ensure that Ireland is meeting its obligations under EU directives. In addition, as Deputies will be aware, this debate takes place as the Government is about to honour its commitment to publish a new criminal law (sexual offences) Bill which will include the wider recommendation of the Joint Committee on Justice, Defence and Equality regarding laws targeting the buyers of sex. The time is now right for us to act to address shortfalls and weaknesses in our laws. In recent weeks I raised the need for the publication of the criminal law (sexual offences) Bill with the Taoiseach on the Order of Business. I was advised that it will be published in this Dáil term. I sincerely hope it is on that time schedule.

Deputies may notice that the Criminal Law (Child Grooming) Bill 2014 is a short Bill. However, that does not take away from its important content. We will all be aware of the significant levels of public concern last year about allegations of grooming on a large scale in Rotherham in England and in particular, the allegations the many of those responsible managed to evade justice. However, Deputies may not be aware of the number of children who, shockingly, are being moved around our own country to be sexually exploited. Thirty children were detected over a two-year period.

I believe that Members on all sides of the House will agree with me that we must ensure that the most robust laws possible are in place to combat these heinous crimes. The intention of this Bill is clear. Persons undertaking certain acts, including soliciting, requesting, counselling, encouraging, procuring or enticing a child to do any act, including meeting an adult, shall be guilty of an offence. Under the law a person under the age of 17 is considered to be a child. In addition, persons communicating with a child by whatever means, online or offline, with a view to gaining the trust of that child for the purpose of doing anything that would constitute sexual exploitation, shall be guilty of an offence.

In order to underline the seriousness of these crimes, on conviction such offences shall carry penalties not exceeding 14 years imprisonment. It is important to note that while some of the public commentary around my proposals have been about online grooming, these offences would also apply to offline grooming so as to protect children in the general community and not just when they surf the Internet.

Since placing this Bill in the public domain, I have been greatly encouraged by the number of people coming forward to support it and the endorsement it has received from front-line agencies, including the Immigrant Council of Ireland, the Dublin Rape Crisis Centre and Ruhama. I am delighted to see the strong representation from each of these organisations in the Gallery.

We now have an opportunity to ensure that those who seek to harm our children can find no hiding place in the law and cannot use legal confusion to escape justice. I am seeking the support of all Deputies for this Bill. The creation of the offence not only reflects the unanimous view of the Joint Committee on Justice, Defence and Equality, but will also bring us into line with European directives. I ask that, together, we build on the political consensus which has been achieved and it is my hope that we will move quickly to legislate to establish this offence and ensure that there is no escape for those who want to prey on our children.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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On behalf of the Minister, Deputy Frances Fitzgerald, who regrets that she is unable to attend today, I thank Deputy Corcoran Kennedy for bringing forward this Bill and raising this very important issue. Modern information and communications technology, in particular the Internet, offers all of us, including children, great opportunities. However, there are also risks and children can be exposed to inappropriate behaviour online. Educating children and their parents on Internet safety is the most effective way of recognising and avoiding this type of behaviour.

The office of Internet safety in the Department of Justice and Equality co-ordinates the EU safer Internet project in Ireland. This is a consortium of industry, education, child welfare and government partners which acts as a safer Internet centre in Ireland. The project promotes the safer use of electronic media and enhances the protection of children online. The office of Internet safety also provides information for both children and parents on safer Internet use. Understanding the risks and knowing how to avoid them is the best form of protection for all Internet users and children in particular.

None the less, children do make contact with people online whom they do not know. A 2012 project by EU Kids Online, funded by the EU and undertaken by the London School of Economics, surveyed more than 25,000 children across 25 countries. Although by no means affecting a majority of users, the statistics from that report and a subsequent update in 2014 show that online risks affect a significant minority of children. These would include exposure to sexual messaging and imagery. The Minister for Justice and Equality is bringing forward a number of proposals to target such risks. While sharing the aim of this Bill, these proposals deal with specific types of behaviour and actions which would fall under the category of child grooming. Where a child is identified by a potential abuser, a process of communicating with the child can begin. To a child, this conduct may be innocuous but to a reasonable person it may give cause for concern that a meeting with a child would be for a sexual purpose.

This conduct and type of communication is grooming. They are the initial steps which are likely or intended to lead to the sexual exploitation of a child. As the Deputy identifies rightly in the explanatory memorandum to the Bill, the existing offence of sexual exploitation of a child under section 3 of the Child Trafficking and Pornography Act 1998 includes inducing the child to engage in or observe a sexual act as well as inducing the child to engage in prostitution or the production of child pornography. These offences would address a range of conduct under the heading "sexual grooming". However, not all conduct that would constitute grooming is included. The Minister for Justice and Equality agrees with the Deputy in this regard. The process of child grooming can be gradual. Seemingly innocent contact via information and communication technology such as social media, messaging apps or online forums may hide a sinister motive.

To combat what may appear to be innocent behaviour, the Minister for Justice and Equality will propose new offences which will specifically address online grooming and will be included in the forthcoming criminal law (sexual offences) Bill. The first offence will criminalise persons who contact children either online or through mobile communications such as text messaging for the purpose of sexually exploiting the child. The offence is targeted at the initial stages of grooming and does not require physical contact or a meeting between the adult and child. The offence does not necessarily require the communication to contain a sexual advance or to include sexual material as these are not generally features of sophisticated grooming but it does require that the communication is to facilitate the sexual exploitation of the child. The penalty of up to 14 years imprisonment reflects the serious nature and intent behind the communication.

It will be a separate offence to send a child sexually explicit material by means of information and communications technology. Familiarising a child with such material is a classic grooming technique which seeks to desensitise a child to sexual activity. These offences specifically address online grooming. However, the sexual offences Bill will also address other forms of child sexual grooming. While the provisions are being finalised for publication, I would like to outline for the House the very specific conduct which will be targeted.

As I have mentioned, familiarising a child with sexually explicit material is a classic grooming technique. Under the sexual offences Bill, a person who, for the purpose of corrupting or depraving a child, causes the child to witness or watch sexual activity or view sexually explicit material will commit an offence. It will also be an offence for a person, for their own sexual gratification, to cause a child to witness or watch sexual activity. The sexual offences Bill will also address meeting a child for the purpose of the sexual exploitation of that child. While initial meetings may be for the purpose of advancing the grooming of the child, ultimately this conduct is intent on an act of sexual abuse against the child. This is also an element of the offence set out in the Bill before us.

A version of this offence exists under current law. Under section 3(2A) of the Child Trafficking and Pornography Act 1998, it is an offence to meet a child or travel with the intention of meeting a child having met or communicated with the child on two or more previous occasions. This offence is to be replaced in the new sexual offences legislation. First, a single prior communication is sufficient rather than the current requirement for two such communications. Second, the offence will be triggered simply by making the arrangements to travel to meet a child. Again, this is directed at behaviour initiating and encouraging a relationship between an adult and child for the purpose of sexually exploiting that child.

Like Deputy Corcoran Kennedy, the Minister for Justice and Equality is also concerned that persons who travel outside the State to commit the offences covered by the new legislation can be prosecuted. Under existing legislation, there is an offence of travelling abroad for the purpose of sexually exploiting a child. That offence will also be broadened along the lines of the domestic offence to include making arrangements to travel abroad as an element of the offence.

There will be an offence under the new legislation of soliciting or importuning a child for the purpose of sexual exploitation. Similar provisions are contained in Deputy Corcoran Kennedy's Bill. The new offence includes paying, giving, offering to pay or give money or some other consideration for the purpose of sexually exploiting a child. The offence will be worded to include circumstances where non-monetary remuneration, such as a computer game, is offered or given to a child.

All of the new offences related to child grooming will also be included in the new jurisdiction provisions to be included in the sexual offences Bill so that it will be an offence for a person to commit any of those offences against a child in a place outside the State.

While there is an understandable focus on the risks posed to children by online predators, it is a fact that children can be at risk in both the virtual and real worlds. The sexual exploitation of children has devastating effects. The impact on the child, its health, relationships, families and opportunities can stretch lifelong. The special vulnerability of children requires that we ensure every protection is available. Being able to effectively target those who prey on children before an act of abuse or exploitation occurs is therefore crucial. Deputy Corcoran Kennedy targets this behaviour through her Bill. However, while it is not proposed to oppose this Bill, the Minister for Justice and Equality intends to pursue grooming behaviours through the sexual offences Bill. In addition to the number of offences relating to child grooming I have outlined to the House, it will also address a wide range of other matters relating to sexual offences and offending. In doing so, it extends and strengthens our sexual offences law and more fully reflects the provisions of a number of international instruments including the EU Directive on combatting child sexual exploitation and child sexual abuse.

On behalf of the Minister for Justice and Equality, Deputy Frances Fitzgerald, I thank again Deputy Corcoran Kennedy for bringing this Bill forward. Protecting children from predatory behaviour is a priority. Educating children on internet safety is the most effective means of protection. Such protection is supported by the criminal law which must target those who would target children. The Deputy's Bill reflects the policy developments in the Department of Justice and Equality and I look forward to hearing all of the contributions to today's debate.

10:10 am

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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I am glad of the opportunity to speak on this Bill and congratulate Deputy Corcoran Kennedy on producing it and thank her for doing so. She is a loss to the Committee on Justice, Defence and Equality. Bringing this Bill forward has given us another opportunity to deal with what is a very sinister part of our society and the world we live in today and something we have to face up in a robust fashion. Fianna Fáil supports the Bill and extending the criminalisation of the grooming of children for sexual exploitation. Currently, numerous pieces of legislation are used to protect minors from sexual offences. The offences, as currently constituted, include most acts which would include grooming of a child. The proposed legislation extends current offences to include activities geared towards building a relationship with a child so that a meeting and-or sexual exploitation will subsequently occur.

The Garda estimates that it had approximately 30 detections of what could be classified as child exploitation or trafficking of people for child exploitation or grooming during the 2013 to 2014 period. The criminal law (sexual offences) Bill, published by the Minister for Justice and Equality, Deputy Frances Fitzgerald, has been mentioned. The heads of the Bill were published in November 2014 and have been under consideration for a long time. The Bill will form a necessary part in the implementation of the EU directive. It is clear an EU-wide response is urgently required to the situation given trafficking transverses our borders and does not recognise or respect them.

Not wishing to be partisan in this debate, it is regrettable that the criminal law (sexual offences) Bill has not been brought forward before now.

Everybody is on the same page regarding that legislation and everybody in this House supports it fully. I cannot understand why it has not been brought forward to date. We should take every opportunity, even on these Friday sittings, to take legislation like that and, if necessary, pass All Stages.

We agree with the provision in the proposed legislation that persons undertaking acts that include soliciting, requesting, counselling, encouraging, procuring or enticing a child under the age of 17 to carry out any act, including meeting an adult, shall be guilty of an offence. We agree also that persons communicating with a child by whatever means with a view to gaining his or her trust for the purpose of doing anything that would constitute sexual exploitation shall be guilty of an offence. To underline the seriousness of the crimes involved, Fianna Fáil and I agree that a conviction should carry a sentence of imprisonment for up to 14 years. This sends out a strong message.

We agree with the rationale for the Bill. Unfortunately, there are many new tools and software that have been used to exploit children for sex abuse. The adoption of modern communications technology has resulted in a significant step change in the sexual abuse of children in many ways. The online spheres, referred to by previous speakers, carry with them perceived anonymity. This goes all the way towards emboldening the offenders because they can hide behind a veil of secrecy. Persons interested in child sexual abuse feel their online behaviour is less risky because they have this anonymity. This encourages them to offend more and seek more graphic and violent content than would be found offline. We know all this material is available online. There is a worldwide community of like-minded individuals who are able to speak to each other and act as a network over the Internet in order to organise themselves to engage in child grooming, which ultimately leads to the commission of sexual offences.

With regard to the word "grooming", the online sphere facilitates grooming and the solicitation of children for the purpose of sexual abuse and exploitation. It involves getting close to the children and gaining their trust. We have all heard so many stories or read accounts of how children have got sucked into the online sphere in the belief they are conversing with a person of their own age. They do not know that, behind the cloak of secrecy, there is in many cases an adult or older child.

It is high time we took on this issue. We are living in the information and technology age. We must be as firm in dealing with the problem as we are in dealing with other offences scourging our land. There is a major problem with burglary in the country and the Minister for Justice and Equality has brought forward proposals in that regard. My party and I have done so also. It is a question of sending out a robust message and strong response. The message in the legislation before the House, that a person can be imprisoned for up to 14 years, is very robust.

My main point concerns the fact that the Criminal Law (Sexual Offences) Bill has been stagnant for too long. While the Bill before us is to discuss child grooming, we know the main intent of the Criminal Law (Sexual Offences) Bill is to criminalise the purchaser of sex. As part of our deliberations on this, the joint committee met sex workers or people involved in prostitution. They give themselves different titles. Many of them gave us some very harrowing accounts of how they became involved and the experiences they had when they worked in the industry. The point that really struck home for me was the fact that the younger the sex worker, the more in demand she was. This proves the point that there is a great desire among some very sick people in our communities to get their hands on children for the purpose of sexual exploitation. That is why we need a robust response in our criminal law. It is regrettable that it has not been achieved before now.

I pay tribute to all the people who came forward to speak to the committee. We met them also in Buswells Hotel in a private briefing session run by Ruhama and representatives of the Turn Off the Red Light campaign. I publicly acknowledge the work of the campaigners in this regard. The meeting went a long way towards educating me and other legislators on the need to protect children from grooming and women who get sucked into prostitution. Behind prostitution and child grooming is a very well organised criminal network. The workers are being trafficked by criminals to make illicit profit.

Our legislation has to catch up and be fit for purpose so as to address the activity of the criminals. One way of dealing with the problem is by tackling the demand. International studies have shown this. The committee visited the Scandinavian region and examined outcomes there based on the authorities' approach to tackling demand for sexual services and prostitution services. One will never eradicate the practice completely. Society in Ireland has to move on and we must tackle the demand. The glib old response that prostitution is the oldest trade in the world - fellows have a laugh about it and there is a bit of brouhaha - is not good enough at all. Behind prostitution are men, women, boys and girls who have been trafficked and who are being sexually exploited so criminal gangs can make profit. That is not good enough.

10:20 am

Photo of Sandra McLellanSandra McLellan (Cork East, Sinn Fein)
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I welcome the opportunity to speak on this Bill and thank Deputy Corcoran Kennedy for bringing it before the House and allowing this discussion to take place. The Government's delay in making progress on the Criminal Law (Sexual Offences) Bill is unacceptable. Both Houses of the Oireachtas have for a number of years been debating Private Members' Bills such as this one only to be told by Ministers time and again that such Bills are unnecessary because a more comprehensive Bill is on its way. We are coming to the end of this Dáil term and there is still no sign of a comprehensive Bill to reform this area of law. If the Government knew there would be a delay like this, it should have accepted Private Members' Bills and enacted them so that, at the very least, some reform would have been legislated for and some adequate protection would have been afforded to citizens.

I welcome Deputy Corcoran Kennedy's Bill. It is an important one and it is comprehensive and logical. It is in keeping with international best practice and Sinn Féin will support its passage to Committee Stage. It is a shame that the general scheme of the Criminal Law (Sexual Offences) Bill that was published by the Minister for Justice and Equality late last year has not seen progress since. There is a pressing need to address all the law in this area.

Sexual violence is probably the most pervasive crime in Irish society, yet it remains under-reported, under-investigated and under-prosecuted. Conviction rates are low and criminal sentences rarely reflect the devastating impact of the crime on its victims.

For their part, policy-makers and policing services consistently fail to afford this crime the focus or resources it deserves. Sinn Féin believes that safeguarding the well-being of children and young people to protect them from physical, sexual and emotional harm and neglect should be a priority in law and policy. In all matters concerning the child, the welfare and protection of the young person must be paramount. Every child has the right to be protected from all forms of abuse.

Sinn Féin acknowledges that most child victims are abused by members of their families, but there are a growing number of offenders who are using the Internet and social media. I agree with the statement made by the Deputy in the explanatory memorandum to the effect that in this time of information and communications technology it is possible for non-contact sexual abuse to occur even without a face-to-face meeting. In that context, measures such as sex offender registers and vetting in isolation will not stop abhorrent crimes of sexual abuse occurring. Deputy Corcoran Kennedy's initiative is to be welcomed as an additional measure to give reassurance to parents, guardians and so forth. The widening of the offence is a common-sense way to combat the growing rate of such abhorrent offences.

It is indeed necessary to further strengthen the child protection framework of criminal law by removing the offence of meeting a child for the purpose of sexual exploitation and replacing it with an offence of grooming a child for the purpose of sexual exploitation. The law must recognise that sexual offences against children are emerging from the building of relationships with children. The dangers posed by the Internet in this regard must be tackled. Education on online safety must continue.

My colleague, Sinn Féin's justice spokesperson Deputy Pádraig Mac Lochlainn, has raised the challenges faced by the computer crime investigation unit of An Garda Síochána previously. There have been numerous reports of resource shortages and apparently a poor level of modern technology to keep up with the changes. This has led to backlogs in the reporting and monitoring systems. There is significant concern in child protection sectors that anyone allegedly looking at level five child pornography could get off because of resource issues. We need urgent assurance from the Minister that the technology, which apparently is antiquated, will be brought up to the required specification as soon as possible and that the necessary personnel resources will be deployed. We cannot have a situation in which persons inclined to view the most heinous type of child pornography have a sense that they might get off due to resource or technology issues.

In this regard, it is important to address an issue that must be dealt with in the Minister's Bill when it is finally brought forward. It must be clear that only An Garda Síochána can take part in sting operations against paedophiles. I do not want to see a situation in which vigilantes target paedophiles of their own accord through sting operations online. I am rather concerned that this would be done by people who are not trained, or delegated by society, to do it. The focus for the Minister, though, must be to give An Garda Síochána the information technology equipment and human resources that it needs. We have to give the Garda every angle the force needs, and I hope this will be teased through in the Joint Committee on Justice, Defence and Equality.

Sinn Féin is calling for greater cross-Border co-operation between the Six Counties Assembly and the Twenty-six County Government, as well as the Garda Síochána and the PSNI, in dealing with predatory sex offenders. We are seeking greater cross-jurisdictional co-operation throughout the European Union and on the part of agencies such as Interpol in this regard. Furthermore, Sinn Féin is seeking the establishment of an all-Ireland policy on sex offenders - especially those who offend against children - to ensure congruence in sentencing and monitoring in order that neither jurisdiction will offer a safe haven for such individuals to escape justice or cause further suffering. We call for all-Ireland standards and protocols on the treatment of sex offenders and for the introduction of an effective all-Ireland register of sex offenders. The latter should include an in-built effectiveness review every five years.

I welcome the fact that Deputy Corcoran Kennedy has submitted a Bill to deal with this issue. The Government should have sought to introduce the criminal law (sexual offences) Bill far more quickly, and I hope that the debate in the House today will help in moving the Government Bill along. Sinn Féin will support this Bill to Committee Stage. This Bill deals with a pressing and dangerous issue that must be acted upon for the safety of children in this State.

10:30 am

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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As a mother, a daughter and a former school principal, I wholeheartedly welcome this Bill. However, I am saddened that this is the reality we live in, a reality in which we have to protect our innocent children from sexual exploitation and depraved individuals. This Bill responds to the concerns not only of the United Nations committee but of Irish parents who need to be sure in the knowledge that we are doing our utmost to protect their children from sexual exploitation.

I am a strong advocate for children's rights and against cyberbullying. Recently, I chaired an online national cyberbullying conference. I have seen how the Internet has become a dark place, with bullies, predators and the depraved people who prey on innocent children. Head 8 of the criminal justice (sexual offences) Bill 2014 addresses two particular activities. The first relates to a person who, particularly via the Internet, directly contacts a child to facilitate the sexual exploitation of that child. A second proposed offence relates to sending sexually explicit material to a child using communications technology. These offences will target the use of modern technologies for the purpose of sexually grooming a child, and I strongly welcome the measures.

Parents need to be vigilant at all times. Online activity of their children needs to be monitored. Parents should make no mistake about it: there are depraved individuals surfing the Internet and social media with the intent of corrupting and soliciting their children to be involved in sexually depraved acts. I encourage parents to monitor their children's online behaviour at all times. No responsible parent would allow her child to wander down O'Connell Street or a street in any city without supervision. Yet parents seem to believe it is safe for children to surf the Internet and online chat rooms.

I have had occasion in the recent past to visit a school where second year students, aged 14, were being advised about the dangers of cyberbullying. During the course of the class a number of boys reported that they had visited sites where men were attempting to entice them to meet. The boys told me that they responded to the men for the craic because they were bored. Parents should realise that this is what is happening in their homes. I advise that parents cannot be careful enough. It is their responsibility to know what is happening in their homes. Legislators, politicians and police have a responsibility, but it is also incumbent on parents to ensure their children's safety.

I commend my hard-working colleague and friend, Deputy Corcoran Kennedy, on ensuring that this legislation is moved forward.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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I thank all the contributors to the debate. On behalf of the Minister for Justice and Equality, Deputy Fitzgerald, I express my gratitude specifically to Deputy Marcella Corcoran Kennedy for raising this important issue. As I said earlier, this Bill reflects the policy that the Department of Justice and Equality has been developing, which will form the basis of a number of provisions in the criminal law (sexual offences) Bill.

The shared goal of Deputy Corcoran Kennedy's Bill and the forthcoming criminal law (sexual offences) Bill is to ensure there is no gap in the law that can be exploited by those who would prey on children for the purpose of sexually exploiting or corrupting them.

When it comes to the online world, the most effective way of protecting children is to ensure they can protect themselves through safe Internet use. Projects such as the EU Safer Internet programme in Ireland promote the safer use of electronic and online media.

Where it is necessary to employ the criminal law specifically to target child sexual grooming, the provisions to be included in the criminal law (sexual offences) Bill, which incorporate the concepts of the Bill before us, will effectively strengthen and extend the current law criminalising grooming behaviour. The law will cover more eventualities and can intervene at an earlier stage where behaviour indicative of child grooming comes to light.

I again thank the Deputy for introducing this Bill and the Members of the House for their contributions.

10:40 am

Photo of Marcella Corcoran KennedyMarcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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I thank all the Members who spoke in support of the Bill, in particular the Opposition Members, Deputies Niall Collins and McLellan. I also acknowledge my colleague, Deputy Mitchell O'Connor, for her contribution. The Chairman of the Oireachtas Joint Committee on Justice, Defence and Equality would have spoken on the Bill today but, unfortunately, it clashes with a meeting of the select committee.

At long last we, as a society, are waking up to the type of criminal out there. These people can be in their own homes or on the Internet in another country and they are willing to prey on our children, objectify them and use them for their own gratification. We need to recognise this is happening and make every effort possible to protect our children and future children in our society.

I was delighted to hear the Minister of State, Deputy Kehoe, say that the Minister for Justice and Equality is accepting the Bill and that the Government is not opposing it. I look forward to the provisions of the Bill appearing in the criminal law (sexual offences) Bill. The specific actions and behaviours that constitute grooming are changing from decade to decade or even from year to year.

I again thank Members for their contributions and I look forward to the Bill moving to the next Stage in its passage through the Houses of the Oireachtas.

Question put and agreed to.