Jim Walsh (Fianna Fail)

I welcome the Minister to the House for the debate on the Bill, which is short but important in that it will ensure that the Child Trafficking and Pornography Act 1998 does not become an impediment to any activities the Houses of the Oireachtas or any committees of the Oireachtas might undertake.

I welcome the Minister's comments that the 1998 Bill is a model which other parliaments have examined to determine if their legislation in this area needs to be amended in the same way. It would be fair to say that in recent years there has been an increasing awareness of the need to protect children from child trafficking and other offences. That is to be welcomed. There is a need for such protection throughout the world because in certain countries children suffer from abuse. The need for international co-operation in this area is very much in evidence and I am aware that serious efforts are being made by the European Union and the United Nations to tackle that problem.

This problem is exacerbated by the increasing ease with which communication can be made between people and with images. That is one of the disadvantages of the electronic revolution over past decades and it challenges states to ensure all legislation is updated to effectively tackle any issues in that regard. Senator Terry referred to the rush to pass the legislation. Given its nature, I welcome the co-operation of the leader of the Opposition in allowing the House to process the legislation so that the Oireachtas can function effectively. It is the duty of the Oireachtas, under the Constitution, to regulate all of society.

The Minister of State has pointed out a couple of areas, under the 1998 Act, where the Oireachtas could be inhibited from proceeding with investigations in this area. The 1998 Act included certain exemptions. The film censor, for example, is not affected by the overall intent and impact of the Act. Exemptions are made for investigations into activities in this area. This facilitates the Garda. The Bill before us addresses a situation, should it arise, where the Oireachtas itself would be exempt from prosecution. The possession or distribution of pornography is an offence. This provision could inhibit the Oireachtas, including an Oireachtas committee, from functioning effectively on a question of this nature. If a committee of the Oireachtas were to proceed in the hope of an exemption, which was subsequently not given, the deliberations of the committee might be rendered invalid. It is sensible to ensure that any deliberation of the Oireachtas in this regard at any future stage is legal.

The Members of the Oireachas enjoy privilege, which is as it should be. This privilege must be exercised with caution and respect. Privilege brings responsibilities. If we have general privilege it follows that we should not be inhibited in our activities or investigations. In all fields, and not only in this one, the Oireachtas should have freedom to act responsibly in investigating any matters of public concern which might arise and which need to be investigated. It should not be made ineffective by inhibiting legislation in that field. While the Bill before us deals with a specific area, it may be necessary to make a general exemption for the Oireachtas to carry out investigations and to take possession of materials which would assist it in coming to conclusions, as it is mandated to do.