Bernard Durkan (Kildare North, Fine Gael)
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Question 357: To ask the Minister for Justice, Equality and Law Reform the action that has been taken to combat the growing problem of child pornography on the Internet; and if he will make a statement on the matter. [28153/05]

Bernard Durkan (Kildare North, Fine Gael)
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Question 358: To ask the Minister for Justice, Equality and Law Reform his views on a strategy to track down persons using the Internet with pornographic intent; and if he will make a statement on the matter. [28154/05]

Bernard Durkan (Kildare North, Fine Gael)
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Question 359: To ask the Minister for Justice, Equality and Law Reform the action he will take to combat the use of the Internet for bullying or intimidation particularly where young persons are concerned; and if he will make a statement on the matter. [28155/05]

Bernard Durkan (Kildare North, Fine Gael)
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Question 360: To ask the Minister for Justice, Equality and Law Reform the extent to which directly or through the EU he will take action to combat the unsolicited attention of those who use the Internet to target groups or individuals with malicious intent; and if he will make a statement on the matter. [28158/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 357 to 360, inclusive, together.

I propose to take these questions together as they all concern the illegal and harmful uses of the Internet. The Internet is an international and world-wide phenomenon with no borders and no single organisation controlling it. Measures to combat child pornography or other illegal materials and activities on the Internet are therefore hampered by a multiplicity of jurisdictions, differing legal systems, and differing societal norms. Furthermore, developments in new communications technologies allow for Internet access from many means other than the traditional personal computer.

For the above 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 levels — legislators, law enforcement, schools, child protection practitioners, and most important of all, 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. 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 was established in November 2002 within the domestic violence and sexual assault unit, under the remit of the national bureau of criminal investigation. The unit is assisted by members of other specialised units, as required. Computer forensics are carried out by the members attached to the domestic and sexual assault unit and also by members attached to the Garda bureau of fraud investigation utilising up-to-date forensic software.

The unit liaises with other relevant outside agencies and international police forces, including Interpol and Europol, to keep abreast of the most recent developments and trends in this area. A proactive approach is taken regarding intelligence received relating to offences of child pornography and the Garda Síochána investigates all breaches of the Child Trafficking and Pornography Act 1998 coming to its attention in the course of unrelated investigations, reported by external police forces, the Internet advisory board hotline, or by concerned citizens, and each case is investigated to a conclusion, many resulting in prosecutions before the courts.

On the structural side, the Government established a working group in 1997 to examine and report on the whole 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 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, established in 1999 and funded by the industry; an industry code of practice and ethics setting out the duties and responsibilities of each Internet service provider, 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 world-wide 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 extends to general downside issues on the Internet including general safety for children while online, as well as the conduct of research and information campaigns.

The hotlinewww.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 that 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 and other illegal materials. 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 Combating the Sexual Exploitation of Children and Child Pornography on 22 December 2003. While the Child Trafficking and Pornography Act 1998 is a particularly robust legislative measure, my Department is currently considering the question of whether additional legislative provisions are required to give effect to this framework decision.

The mechanisms and structures described above to combat child pornography in particular can be and are used to address other criminal activities using the Internet. As a general rule, what is illegal off-line is illegal on-line. This could include illegal pornography, racist or hate materials, financial fraud, intimidation or any other criminal activity carried out via the Internet. However, the targeting of groups or individuals via the Internet by way of spam e-mails, for example, does not in all instances constitute a criminal offence. Bullying or intimidation may constitute an offence of harassment in breach of section 10 of the Non-Fatal Offences Against the Person Act 1997 including harassment via the Internet. The Garda Síochána will examine any complaints reported through the hotline, through other police forces or by members of the public, and where a criminal offence is disclosed, the matter will be fully investigated.

My Department is committed to, and actively co-operates at national, EU and international level, addressing and promoting the means to combat any illegal and harmful uses of the Internet on an ongoing basis.