Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

Ar dóigh amháin, ba mhaith liom buíochas a ghabháil leis na daoine a chur síos an leasú seo mar cuireann an díospóireacht seo leis an bpróiseas maidir leis an reachtaíocht seo a chur chun cinn. Cé go bhfuil difríochtaí ann, tá sé thar a bheith tábhachtach agus dearfach go bhfuil an plé agus díospóireacht seo againn. Cuireann sé leis an bpróiseas agus cuidíonn sé linne agus leis an bpróiseas sa Teach seo.

I thank Senator McDowell and his colleagues for bringing forward this amendment in the first instance. I do not say that in a patronising way or to placate the Senator. I say it because this is such a complex issue, which is evident from the contributions and the input we have heard already. It is a complex dimension of what, as it stands, is extremely complex legislation. This debate shows the merit of the legislative process. We have the opportunity to engage and to inform ourselves, to discuss these issues and to come to what we hopefully can agree is the best conclusion going forward. At the heart of all of this for every Member is the issue of keeping children safe in the first instance, and doing that in a way which reacts to the new reality of digital information, to how young people access information and to what information relating to children is accessed. It is about doing that in a way which respects,, reflects and acknowledges what Senator Ruane said. It is important that it actually acknowledges the practical realities and conditions in which we operate. I have experience of it myself. Some young people could buy and sell us when it comes to Internet use. I am fairly prolific across a number of social media platforms and I worry about some of the things to which I sign up. Many of us have seen quite extensive terms and conditions on various websites and we just click accept without thinking about it too much.

This is a complex issue that affects all of us. I understand why - because of the sensitivities regarding the digital age of consent - this has come to the fore in such a striking way in recent times. I have been conflicted. My party has had a very broad, extensive, all-Ireland conversation on the proposals, both on the initial Bill and on Senator McDowell's proposed amendment. That has been a very useful exchange and engagement and I believe it compels us to ensure that, going forward, we get this right, because there are very practical, tangible and real potential outcomes here. I want to mention the briefing that Senator McDowell and his colleagues held last week. I found that very useful and informative. There have been other voices in this debate, and we need to acknowledge that.

It is not very often that I read from a script but I have found myself doing so twice today. Due to the nature of this issue, I wanted to get my thoughts down and ensure that they are conveyed properly at this stage of the discussion.

In the context of the amendment, the Bill before the House is extremely complex and it has enormous implications for a wide variety of areas in respect of which we have considerable concerns. It is challenging to have an issue as complex as the digital age of consent thrown into the mix. We have listened to a broad range of views that have been expressed, both inside and outside these Houses over the last two weeks, that the age of consent should be set at 16. In particular, Ms Mary Aiken and Mr. Barry O'Sullivan referred to this. The points they articulated have merit and, undoubtedly, credibility as well. We are very mindful of the fact that there is a considerable body of opinion among children's rights and child protection authorities, such as the ISPCC, the Ombudsman for Children and the special rapporteur on children's rights, which have the contrary view, which is that the age should be set at 13.

Sinn Féin has taken the view that it needs to consider this matter further.As has been said previously, this is rushed legislation and I have consistently said so. This matter is deeply complex and we wish to hear further debate, more evidence and more policy before we arrive at a final position in the Dáil.

There are a number of significant matters to be considered. We undoubtedly need to ensure the safety of our children online and assure parents that their children are safe online but that will not be achieved by a moral panic. We need to create a safer Internet and a safer online environment for Irish children and for all Irish citizens of any age. In my view that means that we should enact the Digital Safety Commissioner Bill 2017 introduced by Deputy Ó Laoghaire. I welcome that the Government did not oppose the legislation at Second Stage and will set up an office for digital safety that will act as an online watchdog. It means that we should examine the default privacy and security settings on social media platforms and providers. It means greater education for parents and children. We should also tackle the use of data to target children for marketing and commercial purposes online. We will support amendments to that effect as outlined by Senator Ruane.

We need to consider what works, what is practical and what makes policy sense. We need to consider the need to balance the rights of parents to have peace of mind with the right of a child to access the Internet. We need to take on board the voice of the child. I am sure we all agree that whatever view one takes on the age of digital consent, it is undesirable or impractical to keep children away from the Internet. I acknowledge that no-one has proposed that we do so.

An issue of this complexity could justify legislation in and of itself not to mind being lumped in with such a gargantuan Bill such as this one. I honestly regret that Sinn Féin has decided to abstain on this position at this Stage. I am sure colleagues here will acknowledge my party does not abstain very often and does not adopt such a stance lightly. We are actively listening and engaging on this matter and we will arrive at a position on that basis.