Niall Collins (Limerick County, Fianna Fail)

I welcome the opportunity to speak on this very interesting and important Private Members' Bill. I acknowledge the intentions of Senators Flynn, Black, Higgins and Ruane in bringing this forward in the first place in 2022 and in keeping the subject alive since then. It is a feature of language that our understanding of words and phrases develops over time. This is particularly relevant in light of new knowledge coming from research into the causes of crime and other issues in society.

While the term "child pornography" was considered appropriate for the legislation at the time that the Child Trafficking and Pornography Act 1998 entered into law, as the Senators have pointed out, our understanding of those words now does not fully reflect the seriousness of these offences. Any similar legislation to be enacted today would need to convey our improved understanding of this material as being evidence of the sexual exploitation and abuse of children, and not merely as offensive images or video recordings.

On Second Stage, my colleague the Minister, Deputy Browne, conveyed the Government's decision not to oppose the Bill. The aims underlying it would be clearly of benefit if they can be achieved. Unfortunately, however, it is not as straightforward an issue to address as it might first appear. The words "child pornography" appear across the Statute Book in legislation relating to a variety of offences, many of which are serious in nature. It is essential that these offences are not undermined.

It is vital that we maintain the legislative coherence necessary for existing offences to simultaneously remain fully enforceable, sufficiently fair to victims of crime and fully in line with the requirements of the Constitution. I understand that the amendments prepared for today's debate are intended to address these issues and I welcome the opportunity to consider them and to see if a way forward can be found to improve our legislation on these issues. I wanted to say that as an opening observation on the debate we are having.

On amendment No. 1, I welcome the insertion of the definition of child sexual abuse material for the purpose of the amendments to be introduced by the Bill into other legislation. Clarity about the meaning of the terms used in legislation is essential to delivering on policy objectives. While I do not oppose the amendment, I note that legal advice may be required in order to ensure there are no unintended consequences for any other legislation to be amended by this Bill.