Bernard Durkan (Kildare North, Fine Gael)
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Question 251: To ask the Minister for Justice, Equality and Law Reform his proposals to combat child pornography on the Internet; and if he will make a statement on the matter. [14742/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Internet is an international phenomenon. It has no borders and no single organisation controls it. Measures to combat child pornography on the Internet are therefore hampered by a multiplicity of jurisdictions and differing legal systems and societal norms. Furthermore, developments in new communications technologies allow for Internet access from many means other than the traditional personal computer. For these reasons, combating the production and availability of child pornography on the Internet requires a combination of responses and the co-operation of all the stakeholders at both national and international level — legislators, law enforcement, schools, child protection practitioners and, most important, parents and guardians.

In terms of legislation, in the Child Trafficking and Pornography Act 1998, Ireland has one of the most robust pieces of legislation anywhere. Under the Act, the possession, distribution, importation and exportation or sale of all forms of child pornography, films, videos or material in written or auditory form, including material produced or transmitted via the Internet, are offences with penalties of up to 14 years imprisonment. Mere possession of child pornography can be punishable by imprisonment for up to five years. Using a child or allowing a child to be used for the production of child pornography is also punishable by up to 14 years imprisonment.

The Garda Síochána is committed to the investigation of all cases of child pornography and the importance of investigating the child protection issues involved in such cases. The paedophile investigation unit has been in existence since November 2002 and operates under the umbrella of the domestic violence and sexual assault unit, which consists of one detective sergeant and three detective gardaí. Personnel from the mainstream units at the national bureau of investigation augment these units as the volume of work requires. Computer forensics are carried out by the members attached to the domestic and sexual assault unit and members attached to the Garda bureau of fraud investigation utilising up-to-date forensic software.

Substantial Garda resources are utilised in the investigation of child pornography on the Internet. The recent Operation Amethyst was a successful operation utilising Garda personnel on a countrywide basis under the control and direction of personnel from the national bureau of criminal investigation. The Garda Síochána investigates all alleged breaches of the Child Trafficking and Pornography Act 1998 brought to its attention by external police forces, the Internet Advisory Board, the hotline and concerned citizens.

On the structural side, the Government established a working group in 1997 to examine and report on the question of the illegal and harmful use of the Internet with particular reference to child pornography. The report of the working group on the illegal and harmful use of the Internet was published in July 1998. The main recommendation of the report was for a system of self-regulation by the Internet service provider industry and the components of such a system were to include: an Internet advisory board, IAB, — established in February 2000 — to promote awareness of Internet downside issues, co-ordinate efforts to combat child pornography on the Internet and monitor the progress of self-regulation by the Internet service provider industry; a public hotline for reporting child pornography, which was established 1999 and funded by the industry; and an industry code of practice and ethics setting out the duties and responsibilities of each Internet service provider, which was agreed in February 2002 and reviewed in 2004.

The Internet advisory board oversees and monitors progress on anti-child pornography measures, and supervises a self-regulatory regime for the Irish Internet service provider industry. The self-regulatory approach to Internet regulation has been adopted worldwide and the Internet advisory board helps and supports the Irish Internet service provider industry to deliver an effective self-regulation environment in accordance with an agreed code of practice and ethics for the industry. The Irish code of practice and ethics is recognised throughout Europe as a model of its type.

The Internet advisory board's brief also extends to general downside issues on the Internet, including general safety for children while on-line, the conduct of research and information campaigns. The hotline, www.hotline.ie, funded by the Internet Service Providers' Association of Ireland with support from the EU safer Internet action plan, was launched in November 1999 and has been operating since that time. Special protocols operate between the Garda and the hotline which maximise co-operation on law enforcement issues so that offences in the area of child pornography can be detected and prosecuted.

The hotline works closely with and is a founding member of the international INHOPE Association, www.inhope.org, a network of European hotlines which is expanding to all parts of the world. The INHOPE Association develops procedures and shares information on the best practices for the tracing and tracking of illegal child pornography.

International co-operation is a vital part of the fight against child pornography on the Internet and Ireland is fully committed to playing its part. In September 2001, the Council of Europe Ministers' deputies approved the first international convention on cybercrime. Ireland signed up to the convention in June 2002. The main objective of the convention is to foster international co-operation in protecting society against cybercrime. The convention deals specifically with the distribution of child pornography on the Internet, infringements of copyright, computer related fraud and violations of network security.

The European Union has taken a strong line on combating child pornography on the Internet. Since 1999, under the safer Internet action plan, the EU has provided financial and other supports for measures in the member states to combat illegal and harmful uses of the Internet with particular emphasis on protecting children. A new EU action plan — Safer Internet Plus — covering the period 2005 to 2008 and with a budget of €45 million was agreed under the Irish Presidency in June 2004 and is now in operation.

The EU Council adopted a framework decision on combatting the sexual exploitation of children and child pornography on 22 December 2003. While I have indicated that the Child Trafficking and Pornography Act 1998 is a particularly robust legislative measure, my Department is considering the question of whether additional legislative provisions are required to give effect to this framework decision.