Seanad debates

Thursday, 3 February 2022

Child Trafficking and Child Sexual Exploitation Material (Amendment) Bill 2022: Second Stage

 

10:30 am

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit chuig an Seanad. Gabhaim mo chomhghairdeas leis an Seanadóir Ní Fhloinn as an reachtaíocht seo a chur os ár gcomhair fá choinne díospóireachta inniu. Mar atá ráite ag comhghleacaithe eile, is Bille thar a bheith tábhachtach é seo. Ar leibhéal amháin tá sé iontach simplí sa mhéid atá sé ag iarraidh a dhéanamh. Mar atá ráite agus mar atá súil agam go mbeidh mé in ann a rá inniu, tá an cuspóir agus an aidhm atá ag an mBille seo iontach tábhachtach. Déanfaidh sé difríocht ollmhór agus is maith é sin. I welcome the Minister of State to the House and commend Senator Flynn on bringing this Bill before us on Second Stage. She mentioned earlier this week that this is her first Private Members' Bill. It is a very important one and I commend her on it.

No matter the circumstances, language and terminology are crucial in shaping how people understand themselves and view the world. Using the wrong language and terminology often distorts the mind and can be a source of racism, sectarianism, sexism, homophobia and many other reactionary and base sentiments and behaviour. The rape crisis centres support the use of clear and stronger terminology, as does the Fixed It campaign. Both organisations have issued guidelines to the media advising it to use the correct terminology when covering cases dealing with trafficking, exploitation and gender-based violence. The justice system must also play its part and ensure its sentencing guidelines reflect the seriousness of sexual crimes against children. At its heart this Bill is about protecting children. To prevent children being trafficked and sexually abused has to be key aim for the Government and for law enforcement agencies.

This Bill is about using the correct terminology to describe it and, on that basis, enacting the provisions to ensure the law is effective in its aim and in its purpose. It seeks to replace the term "child pornography" with the term "child sexual exploitation material". If it is approved here today and on further Stages, it will create the following new titles: Child Trafficking and Child Sexual Exploitation Material (Amendment) Acts 1998 to 2021 and Child Trafficking and Sexual Exploitation Material (Amendment) Act 2004. The proposed changes are based on best practice as outlined in the Luxembourg guidelines. If adopted they will ensure that policies, laws and legislation use language and terminology that best serves those in need of protection. In this instance, the legislation focuses on children who are victims of sexual exploitation material or what would have been referred to as pornography. Pornography is the wrong word. It implies consent. In the context of protecting children, its use ignores the heinous nature of the abuse and the crime.

The language change will refocus the crime clearly onto sexual assault images that are recorded or shared, obviously without consent. We live in an Internet era. It provides a whole new set of circumstances and difficulties when it comes to illegal images and access to them, and how society organises itself in this field to protect children, who are those most vulnerable to exploitation. Laws not only outlaw abusive behaviour; they also assist in reframing people's understanding of what abusive behaviour looks like and how it is to be dealt with, a clearer understanding of what consent means in reality and the part that sex education plays in deepening people's awareness. A more comprehensive understanding of consent and abuse will surely help in combating that abuse. Punitive laws are of course essential but so too are correct and putative language which sharply and clearly defines the problem. It is not pornography; it is abuse.I support the Bill.

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