Seanad debates

Wednesday, 11 June 2025

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

 

2:00 am

Photo of Victor BoyhanVictor Boyhan (Independent)

I thank Senators Flynn, Black, Higgins and Ruane for this important legislation. They have been pursuing it for a long time. I also welcome the Minister of State and his officials to the House.

Section 1 broadly covers the Bill, so it is quite convenient to cover more or less anything in the Bill when we speak to this section. I commend my colleagues in the Civil Engagement Group for introducing the Bill, which replaces the term "child pornography" in legislation with the term "child sexual abuse material", CSAM. Likewise, it replaces all mentions of "child trafficking and pornography" with the term "child trafficking and child sexual abuse material". The Minister of State was right in his introduction that words mattered. To describe child sexual abuse material as pornography is outdated, clearly, and does not reflect its nature, which is ultimately abusive. I understand the Bill is based on the Luxembourg guidelines, which were devised by 18 international organisations, including Interpol, Europol and multiple UN organisations. The Minister of State will be aware of that, and it is critical when discussing this legislation in the Irish context. The principle of the Bill is also supported by the Irish Rape Crisis Centre, which wants existing prosecutions to be upheld and for those convicted under the existing legislation to be subject to the same requirements. The Civil Engagement Group's amendments address these concerns.

In the previous Seanad, the Minister of State's predecessor said there were significant legal and technical issues that needed to be addressed. What has changed since then? I listened to the Minister of State's introduction where he said he would consider them. He has not actually confirmed to the House yet, as he had not had the opportunity yet, his position on each and every one of the 43 amendments. I am supportive of all the amendments, I want to be clear about that. Through the parliamentary process, though, we need to understand the Minister of State's view on them or his intention in respect of them. He talked about unintended consequences. He has to be afforded the opportunity to set out his stall to this House, where we are considering this important legislation.

Even though political party colleagues were supportive of the Bill then, it is important that we can continue to have that support. If there has been any change since the previous Minister of State was in the House, we would need to understand that and the rationale to be clearly set out for our consideration. I hope that we can address all of these outstanding issues and overcome the challenges the Minister of State might envisage, or his advisers might anticipate or suggest, bringing to the attention of the House. The Seanad was set up to be a revising House. That is our function. We are not a rubber stamp for legislation that falls up to us from the Lower House. We are a revising Chamber and it is up to us to consider all additional issues and to revise legislation if we think it is relevant, supportive and in line with the amendments we have.

I thank the Minister of State for his time today. I do not doubt his commitment. I have yet to see and hear the full explanation for the support and I hope it will be forthcoming. I assure my colleagues in the Civil Engagement Group that they have my full support for each and every amendment they are tabling today.

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