Aindrias Moynihan (Cork North West, Fianna Fail)
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6. To ask the Tánaiste and Minister for Justice and Equality the actions he has taken to protect against cyberbullying on social media platforms; and if he will make a statement on the matter. [42193/18]

Aindrias Moynihan (Cork North West, Fianna Fail)
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The cyberbully knows no boundaries. They can reach from the classroom to the schoolyard right up to following a person back into their bedroom. Parents are very concerned for the safety of their children but when a situation is identified and brought to the attention of gardaí, the gardaí feel they do not have the powers to pursue it and that there is no specific offence. This was identified by the Oireachtas committee and recommendations were made. What actions have been taken to address the concerns of people around cyberbullying?

Charles Flanagan (Laois, Fine Gael)
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The Government recognises the importance of integrated action across Government to address online safety, including cyberbullying, and on 11 July 2018 the Taoiseach launched the National Action Plan for Online Safety 2018-2019. The action plan reflects a whole-of-Government approach and contains 25 actions under five main goals. The actions are assigned to six different Government Departments for implementation: my Department of Justice and Equality, as well as the Department of Communications, Climate Action and Environment, the Department of Education and Skills, the Department of Children and Youth Affairs, the Department of Health and the Department of Business, Enterprise and Innovation.

My Department will continue to have responsibility for legislative changes to criminal law, liaison with An Garda Síochána on enforcement issues and disbursement of EU funds, as well as oversight of hotline.ie, which is the vehicle for reporting suspected illegal content encountered online. Many of the actions assigned specifically to my Department under the plan are included under goal three, stronger protections, and include legislating for new criminal offences as recommended by the Law Reform Commission. In line with these responsibilities, the Office for Internet Safety has been incorporated into the crime directorate of my Department dealing with the criminal elements of online safety.

It is important to note that the criminal law targets behaviour that is illegal whether online or offline. Under the existing legislation relating to harassment and prohibition to hatred, bullying, including cyberbullying, may constitute an offence depending on the circumstances in which it has taken place. Where harmful behaviour online does not involve criminality, the appropriate response is through education and awareness raising, as well as effective action on the part of Internet companies. Such work is being taken forward by other Departments and agencies as part of the action plan.

Aindrias Moynihan (Cork North West, Fianna Fail)
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I acknowledge the action plan from earlier in the summer, which set out a range of actions. However, the Minister did not have to wait for it because, as far back as 2016, the Law Reform Commission had identified a gap in which gardaí felt powerless to act when an issue was brought to their attention. There were recommendations to update the Non-Fatal Offences Against the Person Act 1997 with the offence of stalking, and legislation was proposed earlier this year on it. I understand consideration is being given to bringing forward legislation at some point, possibly next year, but time is slipping. Has it been identified as priority legislation? When does the Minister expect there to be action on this matter? The Minister of State at the Department of Health felt that the Government was not taking the issue seriously enough and was failing people as a result. Does the Minister agree? The gap is still there after a number of years.

Charles Flanagan (Laois, Fine Gael)
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I agree with the Deputy that this is a matter of great importance and one which requires a whole-of-Government response. As I said, it involves the Department of Education and Skills, the Department of Children and Youth Affairs, the Department of Health and my own Department. I see a school in the Visitors Gallery and I acknowledge what is being done in schools, under the aegis of the Department of Education and Skills, on cyberbullying and promoting awareness of it. New resources are being developed by Webwise including Up2Us, MySelfie, the Wider World and Lockers. I congratulate the schools on their work in this area and I encourage them to do more.

The Law Reform Commission made a number of key recommendations on criminal law matters, such as extending existing offences and making stalking a new offence. It recommended the new offence to address the taking and distribution of intimate images without consent, whether or not there is intent to cause harm or distress or a likelihood that it will do so. Officials in my Department are working on this and I acknowledge the contribution of Deputies, including those opposite and Deputy Howlin. I intend to bring forward legislation to ensure we can reflect the needs of society in this regard.

Aindrias Moynihan (Cork North West, Fianna Fail)
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The action plan set out a range of issues but did not address the question of a digital safety commissioner. This commissioner would be a watchdog and would work with social media platforms to ensure they lived up to their expectations under the plan. Will the Minister proceed with the appointment of a digital safety commissioner as recommended by the Oireachtas committee?

Is the legislation the Minister is bringing forward identified as priority legislation? When does he expect to introduce it? The gap has been there for several years and there was proposed legislation earlier this year to deal with it.

Cyberbullies know no bounds. They are able to pursue people right from the school yard into the bedroom. It is concerning both for those who are bullied but also for their families and parents. Urgent action needs to be taken on this. While we recognise different plans are laid out, we need to see them followed through with direct action.

Charles Flanagan (Laois, Fine Gael)
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I agree with the Deputy. I thank him for raising the matter with me because it is important.

The proposed legislation regarding the appointment of the digital safety commissioner, recommended by the Law Reform Commission in its report on harmful communications and digital safety, is being dealt with by the Department of Communications, Climate Action and Environment. I have not had an opportunity to discuss this matter with my colleague, the new Minister, Deputy Bruton. I will do so at an early date.

With regard to legislation from my Department, officials have been working closely with Deputy Howlin with the intention of identifying and bringing forward amendments to his Private Members’ Bill which was accepted earlier in the year on Second Stage. We need to ensure that this Bill will be as robust and as effective as possible. It is hoped that Bill can be set into law and enacted by the end of this year. While that is a short timeframe, I assure the Deputy of my interest in ensuring it is passed.