Bernard Durkan (Kildare North, Fine Gael)
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Question 297: To ask the Minister for Justice, Equality and Law Reform if, unilaterally or in consultation with his EU colleagues, he has any proposals to combat child pornography on the Internet; and if he will make a statement on the matter. [13879/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Internet is an international and world-wide phenomenon. It has no borders and no single organisation controls 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 its downsides. Combating illegal, harmful and predatory use of the Internet requires responses at national, EU and international levels. Ireland is fully committed to playing its part, at home and internationally, to both detect and prevent child pornography. Ireland's Child Trafficking and Pornography Act 1998 is acknowledged as one of the most robust pieces of legislation anywhere. In terms of enforcement in Ireland as well as in most jurisdictions, what is illegal off-line is considered illegal on-line.

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, 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 it.

On the structural side, a system of self-regulation by the Internet service provider industry is in place, the components of which include an Internet Advisory Board which promotes awareness of Internet downside issues and monitors the progress of self-regulation by the Internet service provider industry; a public hotline for reporting child pornography; and 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, it encourages best practice procedures, provides advice and facilitates research in Internet-related issues, including child safety. My Department provides secretarial and other supports for the board's work.

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. It accepts and investigates reports from the public in respect of child pornography and other illegal material on the Internet. 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 is the norm at EU level and worldwide. 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, which covers the period 2005 to 2008 and has 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 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 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. 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. Ireland signed up to the convention in June 2002.