Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 42: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the concerns expressed by the European Commission to the effect that national Governments would investigate the means whereby the use of the internet by persons involved in child pornography should be restricted by electronic means, through the statutory or regulatory system; and if he will make a statement on the matter. [41036/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

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.

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 (IAB) 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 IAB in its role of encouraging best practice procedures and formulating advice on Internet downside issues is currently evaluating the use of electronic technology which can be used to block access to websites on the internet and is preparing a report on this matter.

The Deputy may also be aware that the Hotline (www.hotline.ie) referred to above accepts and investigates reports from the public in relation to child pornography and other illegal material on the Internet. Special protocols operate between the Garda 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 indeed 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 Deputy may also be aware that 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 €45m, 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 July, 2006 the Government gave approval for drafting of a Criminal Justice (Miscellaneous Provisions) Bill, 2006 which includes a number of provisions aimed at introducing certain changes and improvements in the operation of the Criminal Justice system. It is expected that drafting of the Bill in question will be completed early in 2007. The Bill will also give legislative effect to a number of international instruments including the Council of Europe's Convention on Cybercrime which is the first international treaty dealing with criminal offences by means of, or against, computer networks, in particular distribution of child pornography, computer related fraud, network security and infringement of copyright. The aim of the Convention is to pursue a common criminal approach aimed at the protection of society against cybercrime.