Alice-Mary Higgins (Independent) | Oireachtas source

I will be brief. It is a valid question and one the Minister might address. It is clear that regardless of what age a child submits, the data provider or information society's provider is still liable to fines. The burden falls on them of fines regardless of what age a child puts in. However, that is around the companies. As to individual vulnerability to predators online, the danger that the submission of a false age could be used as a defence in a court case is a very real concern. There is a concern about anything that might incentivise children to feel they have to give a false age. Obviously, it is not a crime on the child's part. While it is a crime on the part of a company to give access to a child, the key point is vulnerability to predators or grooming. Maybe the Minister can address that.

I acknowledge the consideration of this at pre-legislative scrutiny stage and the recommendation of the age of 13 by the committee at that point. However, the committee also recommended very clearly that the age of consent should be reviewed at appropriate intervals to ensure it remains suitable. The Minister might indicate the position on the following. There is no provision in the Bill as drafted for a review of the age of consent. Whether we stick with 13 or it changes, the question of a review mechanism is important. When would be an appropriate moment for that? We may have a digital safety commissioner, proposals for which most Members strongly support. However, while there are provisions on conversations between the commission and the Minister, there is no real provision in the Bill as to how a digital safety commissioner might slot into the legislation. One of the obvious points might involve a review of the age. We will soon see how various ages of consent pan out in other countries. The significant and valid point was raised earlier by Senator Boyhan that the fact that France and Germany have appointed the age of 16 years will put pressure on digital service providers to work to that age. It may be illustrated that companies are pressured to provide better services or there may be inadvertent consequences. We will soon be in a position to learn how different digital ages of consent have panned out around Europe. The Minister might discuss the question of a review.