Terence Flanagan (Dublin North East, Fine Gael)
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Question 144: To ask the Minister for Justice and Law Reform if he will deal with the following matter (details supplied); and if he will make a statement on the matter. [43179/10]

Dermot Ahern (Louth, Fianna Fail)
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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, 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 the 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 during 2010 by the European Commission. The draft Directive, as originally published, 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 has been approved by the Oireachtas.