Frances Black (Independent)

I move amendment No. 39:

In page 6, between lines 20 and 21, to insert the following:

“Legal continuity 9. (1) The amendments made by this Act shall not affect the validity of any proceedings, whether pending or completed, or any investigation, prosecution, conviction, sentence, order, requirement or obligation made, imposed, issued or otherwise undertaken before the commencement of this Act.

(2) Any offence committed, or proceedings begun, before the commencement of this Act shall continue to be governed by the law in force at the time of the commission of the offence or the commencement of the proceedings.

(3) Any reference in any document, including any warrant, indictment, order or other legal document, to “child pornography” shall be construed as a reference to “child sexual abuse material”. For avoidance of doubt, references to “child sexual exploitation material” in the title or preamble of this Act shall be construed as synonymous with “child sexual abuse material”.”.

I start by saying "Well done" to my colleague, Senator Flynn, on the phenomenal work that she has done, along with her team of Corey and Jessica. It is fantastic legislation. I also thank the Minister of State and the Government for supporting it.

This is important legislation, as it replaces in Irish legislation the phrase "child pornography” with the phrase “child sexual exploitation material”. Most of the amendments are simple changes in terminology but several introduce important legal safeguards. We are extremely happy that the Minister of State is acceding to the Bill.

Amendment No. 39 protects all existing legal proceedings, investigations, prosecutions and convictions from disruption. It also ensures that ongoing cases continue under the law enforced when they began while providing automatic translation of references to the phrase "child pornography” to the phrase “child sexual exploitation material” in all legal documents. This prevents victims from having to retestify and maintains the integrity of past convictions. Therefore, victims and witnesses will not need to reappear in court due to changes in terminology and there is no risk of convictions being invalidated on technical grounds. Courts can apply the new term without relegating past evidence. The Bill ensures continuity in family law proceedings and protective orders. Plus, there are no financial implications with the justice system. Finally, the Bill aligns with best practice in legislative updates.