Written answers

Thursday, 13 May 2010

Department of Justice, Equality and Law Reform

Proposed Legislation

5:00 pm

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 47: To ask the Minister for Justice, Equality and Law Reform his plans to legislate to restore the offence of misprision of felony; and if he will make a statement on the matter. [19596/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Misprision of felony is one of a number of offences which address the question of withholding information about serious offences. It was a misdemeanour under the common law. It was committed by a person who knew that a felony had been committed and who could have given information which might have lead to the felon's arrest, but refrained from reporting it to the relevant authorities. Some exceptions were recognised, for example, where the information became available within the context of a privileged relationship, such as between lawyer and client, doctor and patient, clergyman and parishioner.

The Criminal Law Act 1997 abolished the categorisation of offences as felonies and misdemeanours, with effect from the commencement of that Act. The 1997 Act also introduced new offences of acting in a way that impedes the prosecution of persons who had committed an arrestable offence (section 7(2)) or of concealing an arrestable offence committed by another person in return for consideration (section 8).

I also draw the Deputy's attention to two other provisions. Section 17 of the Offences Against the State Act 1939 makes it an offence to administer an oath that requires a person to abstain from disclosing or giving information on the commission of any crime. Section 9 of the Offences Against the State (Amendment) Act 1998 makes it an offence to withhold information concerning serious offences (whether being planned or already committed). The definition of serious offence for the purposes of the Offences Against the State (Amendment) Act 1998 does not include offences of a sexual nature.

Section 176 of the Criminal Justice Act 2006 deals with a more specific situation. It creates an offence of reckless endangerment of a child. The offence arises where a person is in a position of authority in respect of a child or in respect of a person who is, within the meaning of the section, an 'abuser' and where that person knows that a child is at risk of harm or abuse but fails to take reasonable steps to protect a child from that risk.

Having regard to the statutory provisions already in place, I have no plans for legislation in this area.

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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Question 48: To ask the Minister for Justice, Equality and Law Reform when he expects to introduce legislation to facilitate the blocking of internet downloading of child pornography; and if he will make a statement on the matter. [19422/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The internet is a worldwide phenomenon with no borders and no single organisation controlling it. Efforts to combat illegal and harmful materials and activities on it can be hampered by the multiplicity of jurisdictions, differing legal systems and differing societal norms. Tackling internet downside issues is a complex business and continues to set new challenges and commitments for all those charged with protecting against the downside of the internet. The Office for Internet Safety (OIS) is an Executive Office within my Department which has responsibility for promoting internet safety, with a particular focus on combating child abuse imagery, more commonly known as child pornography. The OIS is advised by an Internet Safety Advisory Council, comprised of key stakeholders in the statutory, industry and community sectors.

In a number of EU Member States (the UK, Denmark, Finland, Norway, Sweden and the Netherlands), a system of internet blocking/filtering has been introduced on a voluntary basis, whereby a "blocklist" of sites containing illegal child pornography is made available by the police or other competent authorities, and is utilised by individual Internet Service Providers to prevent access to such content. A small number of other Member States (Germany, France) have introduced or are considering the introduction of legislation requiring ISPs to block access to websites containing child pornography.

It is generally acknowledged that all such internet blocking or filtering systems are not foolproof and can be circumvented in certain circumstances. However, such filtering systems are understood to be useful in preventing internet users from inadvertently encountering such illegal content.

Insofar as the Department of Justice is aware, standard internet service providers (ISPs) in Ireland do not currently implement any blocking/filtering system in respect of child pornography at present. This whole issue of such blocking/filtering is being considered further by the Office for Internet Safety with advice from the Internet Safety Advisory Council. In undertaking research to develop policy advice in this area, the Office for Internet Safety has had discussions with a variety of relevant interests in relation to issues pertinent to the consideration of the possibility or feasibility of introducing internet filtering, specifically in respect of illegal child pornography content, in Ireland.

However, I should make it clear that no decisions have been arrived at national level on this issue of internet filtering/blocking of websites containing child pornography material. Any proposals for the introduction of such a system would need, at the very least, to be submitted to the Government for consideration. Indeed it is possible that the introduction of any such system, particularly if on a mandatory basis, might require the introduction of primary legislation. I have no specific plans at this time to introduce legislation in this regard.

However, a draft proposal for a Directive on combating the sexual abuse, sexual exploitation of children and child pornography has been published recently by the European Commission. The draft Directive contains a proposal to require Member States to implement some form of blocking system in relation to websites containing child pornography. Ireland's participation in the adoption and implementation of this measure is subject to Government and Oireachtas approval.

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