Written answers

Thursday, 15 November 2007

5:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 161: To ask the Minister for Defence if he will establish an independent public inquiry into the serious allegations of sexual abuse made in a High Court case decided on 30 July 2007 (details supplied). [29145/07]

Photo of Willie O'DeaWillie O'Dea (Limerick East, Fianna Fail)
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I understand that the case referred to is still before the courts. Solicitors acting for the Plaintiff in this High Court case have recently served a Notice of Appeal to the Supreme Court in relation to the High Court judgment. It would not be appropriate for me to comment on the matter in the circumstances.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 162: To ask the Minister for Justice, Equality and Law Reform if unilaterally or in co-operation with his colleagues at EU level, he has examined means of protecting children from abuse through the Internet with particular reference to Internet grooming; and if he will make a statement on the matter. [29191/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I wish to assure the Deputy that I am actively engaged in pursuing measures to protect children from abuse through the internet with particular reference to internet grooming. 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 pro-active way.

One of my first steps as Minister for Justice, Equality and Law Reform was to provide for the establishment of the Office for Internet Safety (OIS) as an executive office within my Department. Arrangements for the staffing and headquartering of the office are well advanced, and I expect the office to be fully functioning shortly. The new Office will continue to build on the work of the Internet Advisory Board which was set up in February, 2002 following the Report of the Working Group on the Illegal and Harmful use of the Internet. It will oversee and further develop the self-regulatory regime for the Irish internet service providers, encourage best practice procedures; promote awareness of the internet downside issues and provide advice and facilitate research on internet related issues regarding child safety. The OIS will also be tasked with investigating, in conjunction with the An Garda Síochána, the issue of applying blocking technology to the internet, and will consider the possibility of operating some form of symbol assignment to content as a method of rating such content as age appropriate within Ireland. The OIS will also continue to oversee the operation of the Hotline (www.hotline.ie — the system for dealing with reports of illegal content on the internet). The Hotline is funded by the Internet Service Providers' Association of Ireland with support from the EU Safer Internet Action Plan. It accepts and investigates reports from the public in relation to child pornography and other illegal material on the internet.

I recently launched two new booklets in the GET with IT! Series on behalf of the Internet Advisory Board (IAB) . The first booklet "Get with IT" A Parents Guide to new media technologies is an update on the Board's first "Get with IT" booklet which was originally published in September, 2005 and was a major success. That booklet gave an overview of new technologies for parents' in an effort to address their potential worries about the dangers of the new media for their children. The second booklet "Get with IT" A Parents' Guide to filtering technologies helps parents navigate the processes of how to use filtering technology.

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.

Section 6 of the Criminal Law (Sexual Offences) (Amendment) Act 2007 introduced an offence of meeting a child or travelling to meet a child, having "groomed" the child on at least two previous occasions, for the purpose of doing anything that would constitute the sexual exploiting of the child. The maximum penalty on conviction on indictment is imprisonment for a term not exceeding 14 years.

I am re-examining the practice of grooming children for the purpose of sexual exploitation to see if further legislation in this area is required. 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. I understand that An Garda Síochána, in conjunction with its EU colleagues, is currently examining new methods of preventing the production and distribution of child pornography on the internet.

International co-operation is a vital part of the fight against child pornography on the internet, and Ireland is fully committed to playing its part. The Deputy may 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 Safer Internet Plus programme.

In September 2001, the Council of Europe 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 cooperation 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 EU Framework Decision on Attacks on Information Systems of 24 February 2005 aims to strengthen criminal judicial cooperation on attacks against information systems by developing effective tools and procedures. It is proposed to give both the Convention and the Framework Decision force of law in Ireland under a single piece of legislation.

My Department is fully committed to co-operating with and promoting these measures nationally, at EU level and the wider international level.

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