Seanad debates

Wednesday, 30 January 2013

Adjournment Matters

Child Pornography

2:40 pm

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour) | Oireachtas source

The Senator worked closely with the current Minister and I am glad that she recognises his commitment and that he is not someone who is easily swayed, regardless of the lobby group involved.

On the Minister's behalf, I thank the Senator for raising this most important and sensitive matter. He recalls a useful debate in the House almost one year ago when the Senator last raised this topic. She seeks an update on the progress being made in transposing Directive 2011/92/EU.

I have only a limited time available to me, but the Minister wanted to address an impression that may be conveyed by the opening lines of the motion. They suggest there is a large quantity of child abuse material in circulation. Of course, any quantity is too much, but the suggestion of large quantities is at variance with recent reports from Hotline.ie. Its most recent annual report for 2011 indicated that the level of validated reports of illegal content remained modest, which the Minister understands continues to be the case.

We can be thankful that increased vigilance and surveillance have meant that the circulation of child abuse imagery has become less overtly visible on the Internet, although I am never sure about whether this is actually good. There is less likelihood of the inadvertent viewing of such material by the general public. It is well known that there are levels of circulation of such material that are not amenable to surveillance, but those involved are subject to regular targeting by crime prevention agencies, including the Garda.

Turning to the directive, the deadline for transposition is 18 December. The Minister's Department has been conducting a review of the law on sexual offences generally. This includes an examination of the measures required to implement a number of international legal instruments, one of those being the EU directive. This work is close to completion and the Minister expects to bring a draft general scheme to the Government shortly for approval to have the necessary legislation drafted. The Senator will appreciate that, until the proposals are considered by the Government, the Minister is constrained in what he can say concerning their precise content. However, they will constitute wide-ranging legislation to implement the recommendations of two Oireachtas committees, facilitate full compliance with the criminal law provisions of relevant EU, UN and Council of Europe instruments, reform the Sex Offenders Act 2001 and enhance the protection of children against sexual exploitation, including child pornography.

Regarding the specific issue of blocking of websites containing child pornography in accordance with Article 25, paragraph (2) of the directive, the Minister can inform the House that his officials are engaged in discussions with the Garda and representatives of the Internet service providers on this matter. These are the key players in implementing any arrangement to give effect to that paragraph. The Minister knows that they are fully committed to doing whatever is required to prevent the Internet from being used for the viewing and distribution of child pornography. However, there is still some way to go in the current discussions and he is not in a position at this time to say definitively what measures can be put in place or their form.

As the Minister stated when the Seanad last debated this issue, the Internet is a global phenomenon, with no single organisation controlling it. International co-operation is vital in combating illegal activities, particularly in view of the rapid rate of technological innovation. The Minister is pleased that Ireland is one of 48 countries that signed the global alliance against child sexual abuse online, which was launched in December 2012. This is a joint EU and US initiative and aims to reduce as much as possible the availability of child pornography online. This is an example of how the international community can marshal its resources to defeat this heinous business.

I look forward to hearing from the Senators and will be paying close attention on behalf of the Minister to the opinions expressed. It has always been my opinion that it is only with international co-operation that one can do anything about these issues. We have the benefit of being a member state of the EU and we should use our membership to its fullest extent.

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