Written answers

Thursday, 27 October 2016

Department of Children and Youth Affairs

UN Convention on the Rights of the Child

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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193. To ask the Minister for Children and Youth Affairs her plans to ratify the optional protocol to the United Nations Convention on the Rights of the Child on the sale of children, child prostitution and child pornography; and if she will make a statement on the matter. [32436/16]

Photo of Katherine ZapponeKatherine Zappone (Dublin South West, Independent)
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My Department has a co-ordinating responsibility for the implementation of the Convention and its related Protocols. My Department is fully committed to' and actively working towards' ratification of the Second Optional Protocol at the earliest possible date.

Ratification of the Protocol is pending to ensure that all arrangements are in place to fully comply with the related obligations. The substantive criminal law elements of the Optional Protocol have largely been implemented by the Child Trafficking and Pornography Act 1998 and the Criminal Law (Human Trafficking) Act 2008. Notification of Ireland’s transposition of the EU Directive on Preventing and Combatting Trafficking in Human Beings and Protecting its Victims was forwarded in July 2013. The necessary legislation is contained in the Criminal Law (Human Trafficking) (Amendment) Act 2013.

On 23rd September 2015' the Minister for Justice and Equality published the Criminal Law (Sexual Offences) Bill 2015. The Bill is currently being considered by Dáil Éireann. It includes wide ranging provisions to enhance the protection of children and vulnerable persons from sexual abuse and exploitation.

When enacted' the Bill will comply with the criminal law provisions of a number of international legal instruments including the UN Optional Protocol to the Convention on the Rights of the Child on the sale of children' child prostitution and child pornography. My Department will then be in a position to proceed with its commitment to ratify the Protocol.

While the Second Protocol has yet to be ratified' considerable provisions exist in Irish law to combat the sexual abuse or exploitation of children' including ensuring the necessary flow of information to the relevant authorities about child abuse.

The Criminal Law (Human Trafficking) Act 2008 and the respective Amendment Act of 2013 contain specific provisions to combat the exploitation' including sexual exploitation' of trafficked children. The Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Act 2012' which makes it an offence to withhold information relating to the commission of certain arrestable offences (including certain sexual offences) against children' also forms part of the legislative protections for children. Other relevant legislation in the area of reporting is the Protections for Persons Reporting Child Abuse Act 1998 and the Children First Act 2015.

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