Róisín Shortall (Dublin North West, Social Democrats)
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298. To ask the Tánaiste and Minister for Justice and Equality the reason for setting the digital age of consent at 13 rather than the EU default digital age of consent of 16; and if he will make a statement on the matter. [4176/18]

Charles Flanagan (Laois, Fine Gael)
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In late 2016, the Department of Justice and Equality launched a consultation process and invited submissions from interested parties on the “digital age of consent” to apply in this jurisdiction under Article 8 of the General Data Protection Regulation.  The Government Data Forum, which brings together legal and data protection experts, business representatives from SMEs and multinationals, as well as sociologists, psychologists and education specialists, also carried out a consultation process.

A majority of respondents - including the Ombudsman for Children's Office, the Internet Safety Advisory Committee and the Children's Rights Alliance - recommended setting the "digital age of consent" at 13 years. On 21 June last, the Government approved a digital age of consent of 13 years for inclusion in the Data Protection Bill.

When appearing before the Joint Oireachtas Committee on Justice and Equality for the pre-legislative scrutiny of the General Scheme of the General Data Protection Bill last July, Special Rapporteur on Child Protection, Dr Geoffrey Shannon, also recommended setting the "digital age of consent" at 13 years. This recommendation was adopted by the Committee in their Report published in November.

The Government believes that adopting a "digital age of consent" of 13 years represents an appropriate balancing of children’s rights, namely a child’s right to participation in the online environment and a child’s right to safety and protection, rights that are enshrined in the UN Convention on the Rights of the Child.