Maureen O'Sullivan (Dublin Central, Independent)
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Question 159: To ask the Minister for Justice, Equality and Law Reform the technology being used by the authorities to identify and pursue those downloading child pornography and the resources provided for same; the penalties for those convicted; if he is satisfied that these penalties are adequate; the number of convictions to date for downloading child pornography; the level of co-operation with international law enforcement agencies to bring these criminals to justice; if any Internet providers who provide and facilitate child pornography here have been shut down. [27287/10]

Dermot Ahern (Louth, Fianna Fail)
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The Garda Síochána Domestic Violence and Sexual Assault Investigation Unit, operating within the Garda National Bureau of Criminal Investigation, is responsible for the investigation of criminal offences involving child pornography. The Unit contains trained specialists and can be augmented by personnel from other units of the National Bureau of Criminal Investigation if required.

I am informed by the Garda authorities that any suspected offence involving the abuse of children through the internet or other technology, whether originating in this jurisdiction or coming to the attention of An Garda Síochána through international agencies or by any other means, is subject to thorough investigation and cooperation by An Garda Síochána. Specialist computer software is available to An Garda Síochána and is utilised to gather information and intelligence on possible suspects operating in this jurisdiction. The resources available for the investigation of this type of crime are continuously monitored by the Garda authorities, and I am informed that they are currently considered to be sufficient.

The Child Trafficking and Pornography Act 1998 provides penalties for child pornography offences which I consider to be robust. The offence of knowingly possessing child pornography attracts a maximum prison sentence of five years or a maximum fine of €6,350 or both. The maximum penalty for knowingly producing, distributing, printing, publishing, importing, exporting, showing or selling child pornography is a maximum prison sentence of 14 years or an unlimited fine or both.

The internet is a worldwide phenomenon with no borders and no single organisation controlling it. There is, however, an existing self-regulatory framework for internet service providers (ISPs) in operation in Ireland which actively encourages the adoption of best practice procedures aimed at limiting the proliferation of illegal child pornography content online. Members of the public may report such material to the www.hotline.ie service of the Internet Service Providers' Association of Ireland (ISPAI). If the material is hosted here and deemed to be illegal and in contravention of Irish law, ISPAI members are obliged to remove such materials. If the material is hosted in another jurisdiction, it is notified to the internet hotline in that jurisdiction and/or to the relevant law enforcement agencies for follow up, with the aim of having illegal content taken down.

At present all of the mobile phone operators in Ireland, under a voluntary agreement brokered by the European Commission with the GSM Alliance Europe, the association representing European mobile phone operators, implement a form of filtering on their mobile internet service, which prevents access to websites which have been identified as containing child pornography content.

In a number of EU Member States, a system of internet blocking/filtering has been introduced on a voluntary basis, whereby a "blocklist" of sites containing child pornography is made available by the police or other competent authorities, and is utilised by individual ISPs to prevent access to such content. A number of other Member States 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.

The issue of the possible utilisation of blocking/filtering methodologies to prevent access to identified webpages containing child pornography is being considered further by my Department's Office for Internet Safety with advice from the Internet Safety Advisory Council. In undertaking research in this area, the Office for Internet Safety has had discussions with a variety of relevant interests in relation to the possibility 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 on this issue of internet filtering/blocking at national level. Any proposals for introducing such a system would need, at the very least, to be submitted to Government for consideration. The introduction of any such system, particularly if on a mandatory basis, may require the introduction of primary legislation.

However, a draft proposal for a Directive on combating the sexual abuse, sexual exploitation of children and child pornography was 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.

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputy.