Bernard Durkan (Kildare North, Fine Gael)
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Question 230: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if, in this country or throughout the EU, efforts are being made to deter the use of the Internet for the pursuit of child pornography or people trafficking; and if he will make a statement on the matter. [30748/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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By its very nature, the internet lends itself to being used for a wide range of criminal activities. This can include illegal pornography, racist or hate materials, financial fraud, intimidation or any other criminal activity carried out via the internet. Combating such illegal, harmful and predatory use of the internet requires a response at national, EU and wider international levels. The internet is an international and world-wide 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.

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 proactive way. 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, video 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 5 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 EU Council adopted a Framework Decision on Combating 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, this Framework Decision requires some relatively minor amendments to our legislation and these are contained in the Criminal Law (Trafficking in Persons and Sexual Offences) Bill which is at present being drafted in the Office of the Parliamentary Counsel. Among the provisions of the Bill is one that prohibits the sale of children, including through a computer system, for the purpose of the sexual or labour exploitation of a child and other provisions will prohibit the sexual grooming of children, including by means of communication through the Internet.

I am informed by the Garda Authorities that they monitor child pornography on the internet and where evidence is available action is taken in accordance with legislation. Similarly, where evidence becomes available that the internet is used for trafficking of human beings action will also be taken to apprehend those responsible. Other incidents of child pornography or trafficking in human beings coming to the attention of An Garda Síochána are fully investigated and where there is evidence to support a prosecution criminal proceedings are commenced, as directed by the Law Officers. I am further informed by the Garda Authorities that staff from the Computer Crime Investigation Unit (CCIU) in the Garda Bureau of Fraud Investigation participate in numerous fora where crime prevention advice is given to companies and members of the public on the safe use of the internet. The Unit provides support to the many operations by other national and local units in targeting paedophiles and others suspected of downloading child pornography in Ireland. Members of An Garda Síochána attached to 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 also by members attached to the Garda Bureau of Fraud Investigation utilising up-to-date forensic software.

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 Feb 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 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 (agreed 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 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 Gardaí 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. International co-operation is a vital part of the fight against 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. On 15 September 2006, I announced that Government approval had been obtained to the drafting of the Criminal Justice (Miscellaneous Provisions) Bill. This Bill is being used to give effect to a number of international instruments including the Council of Europe Convention on Cybercrime 2001. The European Union has taken a strong line on combatting 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 €45m, was agreed under the Irish Presidency in June 2004 and is now in operation. My Department is represented at the management committee for the programme. My Department is fully committed to co-operating with and promoting these measures nationally, at EU level and the wider international level.