Bernard Durkan (Kildare North, Fine Gael)
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Question 522: To ask the Minister for Justice, Equality and Law Reform the actions he can take to counter the problem regarding increased use of the Internet for child pornography and gambling; if his attention has been drawn to the potential damage to society to such abuses; and if he will make a statement on the matter. [7075/06]

Bernard Durkan (Kildare North, Fine Gael)
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Question 523: To ask the Minister for Justice, Equality and Law Reform if he has had discussions with his EU colleagues with a view to combating the predatory use of the Internet by those with doubtful intentions; and if he will make a statement on the matter. [7076/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 522 and 523 together.

The Internet is an international and worldwide phenomenon with no borders and no single organisation controlling it. Measures to combat illegal materials and activities on the Internet are, therefore, hampered by a multiplicity of jurisdictions, differing legal systems, and differing societal norms. Furthermore, new developments in communications technologies allowing for Internet access by new means are a regular occurrence. These are largely positive developments but also bring particular challenges for those charged with protecting against the downsides of the Internet.

By its very nature, the Internet lends itself to being used for a wide range of criminal activities. This can include illegal pornography, illegal gambling, racist or hate materials, financial fraud, intimidation or any other criminal activity carried out via the internet. Combatting such illegal, harmful and predatory use of the Internet requires a response at national, EU and international levels. In terms of enforcement, in Ireland, as well as in most jurisdictions, what is illegal off-line is considered illegal on-line.

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, parents and guardians, is essential. My Department is fully committed to playing its part in a pro-active way.

Specifically on child pornography, Ireland has, in the Child Trafficking and Pornography Act 1998, one of the most robust pieces of legislation anywhere. The Garda Síochána are 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, which is located within the domestic violence and sexual assault unit of the National Bureau of Criminal Investigation, is in existence since November 2002. This unit is tasked with the investigation and co-ordination of cases relating to the possession, production and distribution of child pornography, and any alleged sexual abuse pertaining to same.

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. Its report, Illegal and Harmful Use of the Internet, was published in July 1998 and its main recommendation was for a system of self-regulation by Internet service providers. The components of such a system were to include the following. An Internet Advisory Board, IAB, 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; an industry code of practice and ethics setting out the duties and responsibilities of each Internet service provider.

The Internet Advisory Board was established in February 2000. As well as overseeing a self-regulatory regime for the Irish Internet service providers, its brief also extends to general downside issues of the Internet including general safety for children. 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 gardaí 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.

The self-regulatory approach to Internet regulation has been adopted world-wide. The Internet Advisory Board helps and supports the Irish Internet service provider industry to deliver an effective self-regulation environment, in accordance with a code of practice and ethics for the industry, agreed with the board in February 2002. The Irish code of practice and ethics is recognised throughout Europe as a model of its type.

The European Union has taken a strong line on combating child pornography and other illegal and harmful uses of 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. My Department is represented on the management committee for the programme.

The EU Council adopted a framework decision on combatting 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 preparing additional legislative provisions to ensure compliance with this framework decision. 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 Gaming and Lotteries Acts 1956-86, cover gaming and lotteries other than the National Lottery, which is covered by the National Lotteries Act 1986. The Betting Act 1931 governs all matters relating to betting. These Acts would govern activities whether on-line or off-line. In general, all forms of gaming are illegal in this jurisdiction except where specifically permitted. As cited above, under the code of practice and ethics agreed by the Irish Internet service provider industry in 2002, material or services that are illegal under Irish law will not be carried on Irish servers, and if such is found they will be removed immediately under agreed protocols. Unlike child pornography, however, where there is almost universal agreement, on-line gaming-gambling is not illegal in many jurisdictions, and these services can be accessed via the internet from this jurisdiction.

In May 1999, an interdepartmental review group was tasked to examine the Gaming and Lotteries Acts 1956-1986. In their report, published in June 2000, the group concluded that "separate standards for off-line and on-line environments will only create serious problems for society in the longer term. However, liability issues in the Internet gambling area are likely to be as complex as in other areas of Internet activity. For example, in an Internet environment, special consideration would have to be given to both the liability and protection of the player. With Internet operations, the provider may not be within the jurisdiction and may be providing a service which may be legal where the service is being hosted, but illegal where the service is being accessed. This is not an unusual phenomenon in Internet services. The logistical — not to speak of legal — difficulties of dealing with this situation and of enforcing the law at player level are enormous. Attempts to fix liability at Internet service provider level are also fraught with difficulties."

The range of illegal uses of the Internet and the enforcement difficulties associated with such use were also examined in the first report of the working group on the illegal and harmful use of the Internet, cited above. While that report did not examine the specific problems associated with gambling on the Internet, many of the conclusions reached in the report are valid for the gambling area.