Written answers

Tuesday, 9 May 2023

Department of Justice and Equality

Child Protection

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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443. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 1099 of 21 March 2023, when he will introduce the second stage of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022; and the interim measures he will take to ensure that the State is meeting its international legal obligations to children as it has still not ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. [21354/23]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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The Government is firmly committed to ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child.

In consultation with the Office of the Attorney General, several legislative measures have been implemented which were necessary to ensure that Ireland is in compliance with the obligations of the Optional Protocol. Enactment of the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017 were significant steps on the pathway to the ratification of the Optional Protocol.

Further smaller legislative amendments relating to the extra-territorial jurisdiction requirements under Article 3.1 will ensure that the State is in compliance with certain outstanding aspects of the Protocol. These amendments have been included in the General Scheme of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022, which underwent pre-legislative scrutiny in December. The Report on Pre-Legislative Scrutiny by the Oireachtas Joint Committee on Justice was published on 8 March and can be found at www.oireachtas.ie/en/committees/33/justice/.

The Report is being reviewed by my Department and all recommendations therein are being carefully considered.

In line with Justice Plan 2023, I am committed to publishing the Criminal Law (Sexual Offences and Human Trafficking) Bill 2022 by the end of Q2, after which time a date will be sought for the Bill to be debated by the Oireachtas. Once enacted, the State should be in a position to ratify the Second Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

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