Eamon Gilmore (Dún Laoghaire, Labour)
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Question 142: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his views on the findings of a recent survey, Child Pornography and the Criminal Justice System, which found that one third of all detected cases led to no prosecution; if he is satisfied resources are available to the gardaí to investigate such offences; and if he will make a statement on the matter. [36246/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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My Department approved funding in 2004 to the Institute of Criminology at UCD for research on sentencing under the Child Trafficking and Pornography Act, 1998. The research report was recently received by my Department and its findings are being considered by the Internet Advisory Board.

I am informed by the Garda authorities that in all cases where criminal activity is alleged the matter is fully investigated and a file is prepared for the Director of Public Prosecution, who adjudicates on what action, if any, is to be taken. The Director of Public Prosecutions is statutorily independent in the performance of his function, and it would, therefore, be inappropriate for me to comment on his decisions.

Where there is evidence to support a prosecution criminal proceedings are commenced, as directed by the DPP.

The resources currently available to investigate this type of crime are considered adequate by Garda management who constantly monitor and review the allocation of personnel and resources.

In terms of legislation, in the Child Trafficking and Pornography Act, 1998, Ireland has in force one of the most robust pieces of legislation in this respect anywhere in the World. 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 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.