Written answers

Wednesday, 13 July 2011

Department of Justice, Equality and Defence

Proposed Legislation

6:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 152: To ask the Minister for Justice and Equality if his attention has been drawn to the fact that the special rapporteur on child protection has made numerous recommendations that the process of grooming be criminalised; the position regarding the joint work of his Department and the Department of Children and Youth Affairs on the drafting of legislation to criminalise grooming; the current stage of the Bill; the expected date of publication; and if he will make a statement on the matter. [19901/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The recently published fourth report of the Special Rapporteur on Child Protection discusses the issue of sexual grooming in the context of his review of child trafficking and prostitution and recommends the introduction of a specific offence of sexual grooming. Under section 6 of the Criminal Law (Sexual Offences) (Amendment) Act 2007, any person who intentionally meets, or travels with the intention of meeting, a child, having met or communicated with that child on two or more previous occasions, and does so for the purpose of sexual exploitation of the child, is guilty of an offence. The definition of sexual exploitation is very broad. It includes inviting, inducing or coercing a child to engage in prostitution, using a child for prostitution, and inviting, inducing or coercing a child to participate in any sexual activity which is an offence under any enactment.

The Special Rapporteur has stated that the 2007 Act does not actually criminalise the act of grooming, i.e., the initiation and encouragement of a relationship by an adult with a child for the purposes of sexual exploitation by that adult or others. He recommends that a specific offence of grooming be enacted, and also that the scenario where arrangements are made for the child to travel to the adult, be addressed.

My Department has been conducting a wide-ranging examination of the law on sexual offences. Arising from this review, legislative proposals, inter alia , to enhance the protection of children against sexual abuse and exploitation, including exploitation through prostitution and child pornography, are at an advanced stage of preparation. These include amendments to the 2007 legislation to address the Special Rapporteur's recommendations. The review is close to completion and I expect to bring legislative proposals to Government in the coming months.

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