Seanad debates

Wednesday, 7 March 2007

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage

 

12:00 pm

Photo of Tony KettTony Kett (Fianna Fail)

Senator Ryan could have shared some of my time.

I welcome the Minister of State, Deputy Parlon. I am pleased to make a contribution to the debate on this important Bill. There is no more heinous crime than that of sexual abuse, which involves the taking away of the innocence of childhood. Society rightly acknowledges the seriousness of this crime and abhors the fact that such individuals exist. It is our duty as legislators to ensure we are tough on those who perpetrate such abuses and to make certain no loopholes are available to them to wriggle out of prosecution. This Bill serves to close one such loophole.

This debate is about protecting children. The courts have a duty to do so by way of sentencing. Parents, teachers and society in general have a duty to protect children not only through the upholding of laws but through policies and procedures for their protection, such as those in place in schools, and through education itself. Perhaps most important is the vetting of individuals who work with children. We have seen more of this in recent times but there was a time when people who worked with children could come from any walk of life. Thankfully, that is no longer the case, particularly in the case of children who are vulnerable. The establishment of vetting procedures is a welcome development.

All of us have concerns about the lifestyle of young people. Many of them, for example, are involved in underage drinking and sexual activity. I appreciate the problems they face; they are growing up in a different era to that of their parents and have more disposable income than ever before. We all encountered peer pressure as teenagers but it seems to be a greater factor in the lives of today's young people. The question we must ask ourselves is whether our laws should reflect this reality. I am of the view that our laws should create rather than reflect social norms. It is our job to legislate for the type of society in which we live. Unfortunately, many of our laws reflect the society in which we once lived. The values we hold dear and those to which we aspire should form part of our law-making. Those values must include ensuring that children can enjoy life as children should and in the knowledge that society will support and protect them in every way possible.

It has been observed that much of the legislation in this area is scattered across numerous statutes. It is almost impossible for any Minister to focus on all of them. Justice legislation is complicated enough without the added difficulty of it being scattered across various Acts. I can understand how this oversight could happen. It is difficult to keep one's eye on all the balls all the time.

Several speakers have referred to the dangers associated with the Internet. It is a wonderful tool in many ways and the most prominent technological feature of the 21st century. Almost every child is an Internet whiz-kid, much more so than those of us who are older. Unfortunately, however, it also brings with it the dangers we are discussing. Young boys and girls can access gay sites, for example, and sites used by predatory adults. They can access anything without the knowledge of their parents.

In many instances, parents do not have a notion what they are getting up to because they are whiz-kids on the computers. I am forced to watch "soaps" at home from time to time and I was watching an episode of "Eastenders" the other night in which two youngsters were upstairs working away on the Internet. They had installed a camera which allowed them see the adults in the house coming up the stairs. Perhaps that is the norm; it appears to be the norm on "Eastenders". Children are doing what they want on the Internet and parents are reluctant to go into their children's bedrooms and confront them because they are afraid it is not cool, nor do they want to intrude on their children's private time. There is a down side to that, however, in that if they want to be seen as the cool parent, this kind of activity could be going on under their noses without them knowing about it. That is not acceptable.

There are many issues surrounding youth that cause major concern. Advertising and everything to do with the pop culture is geared towards sexuality. I regret to say that it appears some young girls see themselves as sexual objects. They live from weekend to weekend. They go out, drink, do what they do and talk about it for the rest of the week until the weekend comes around again. A difficult and worrying situation has developed and it is one we must legislate for, not to.

Other speakers mentioned the act of planning, preparing and solicitation. That is just as sinister as the act itself. If I read the legislation correctly, someone who is proven to be planning, preparing, soliciting, importuning or grooming children for depraved activity stands to get only a five year prison sentence whereas the Child Trafficking and Pornography Act 1998 provides for a 14 year sentence for the distribution of child pornography. Those two crimes are of equal depravity and would command a similar sentence. I may be wrong in that regard but I do not believe so. I am delighted with what we are doing in the House this morning. I welcome the fact that the Minister moved swiftly on it and I wish the Bill a safe passage through the House.

Comments

No comments

Log in or join to post a public comment.