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Dáil Éireann debate -
Wednesday, 15 Nov 1995

Vol. 458 No. 3

Private Members' Business. - Sexual Offences (Jurisdiction) Bill, 1995: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

I note Deputy Joe Walsh was in possession and understand Deputy Power is sharing time with him.

I wish to share my time with Deputy Mildred Fox.

I am sure that is satisfactory and agreed.

This Bill makes sexual offences against children by Irish citizens or residents committed in other countries punishable here. As a father of three young children, I am delighted we are introducing legislation to deal with child prostitution. Our thanks is due to Deputies Ryan and O'Donoghue for preparing and introducing the Bill. Special thanks is also due to the Government for accepting it. I understand it is only the fourth occasion a Private Members' Bill has been accepted by a Government. The acceptance of this Bill highlights a greater maturity among Irish politicians. The idea that one party has all the answers is no longer valid. It is time that Members of Dáil Éireann acted in a coherent fashion and used their brains more productively. That applies to all parties because Governments always tend to oppose proposals put forward by the Opposition. Unfortunately, commonsense is not as common as we would like to believe.

We are obliged under the United Nations Convention on the Rights of the Child to take the necessary action to prevent child prostitution. Other Governments throughout the world have introduced legislation to deal with this problem and I am proud we are doing the same.

During recent years Irish people have been subjected to horrific accounts of incest and paedophilia. We have all been shocked by these dreadful stories. We have heard weekly of new sexual scandals involving young children. Child sex abuse is common in all countries and, while it is bad in Ireland it is far worse in other countries. Thailand is now known as the sex capital of the world and, like any other business, if there is a demand somebody is always ready to supply it. Unfortunately, in many cases the supply is not voluntary. Young children are forced into prostitution and then used to satisfy the demands of dirty bastards all over the world. Poverty as we know it in Ireland bears no comparison with the poverty that exists in Thailand, Cambodia, Brazil, Sri Lanka and many other underdeveloped countries.

Children are forced into prostitution principally because they are poor and have not had any real education. It is common for parents to sell their children to the sex industry in return for a new and much needed income. Aware of the terrible poverty that exists, pimps are always ready to exploit those situations. This is a major problem. Families are willing to sell their children into sex slavery and sex tourists seek to satisfy their lust. While no figures are available it is more than likely that millions of children are being abused in that way.

Tonight we are outlawing child sex tourism and it is important that we continue the fight against that evil trade. We must pressurise other countries to introduce legislation to deal with that problem. We have been horrified by the number of cases of child sexual abuse here and cannot turn a blind eye to the sexual abuse of children because it is taking place far away.

The sexual abuse of a child has the same devastating effect on its victim irrespective of whether the child is Irish, Brazilian, or any other nationality. Last night Deputy Ryan mentioned the great work being done by Fr. Shay Cullen in Manila and I ask the Minister to ascertain if resources could be provided to help him continue his good work.

I am greateful for the opportunity to speak briefly on this Bill. Child sex is probably the most horrific crime against humanity. It targets the innocent and the vulnerable and scars them more than anybody will ever know. Unfortunately, that is a problem with which we have been faced increasingly in Ireland of late but it is not confined to Ireland, it is an international one. It is particularly evident in countries like Thailand, Cambodia and other countries of South East Asia. Children in those countries are sold like slaves to be physically and sexually abused as their predators see fit. It is very disturbing that children can be marketed in such a manner and this practice must be discouraged in every way possible.

I welcome the Bill which seeks to prosecute those who travel to commit such crimes and promote or in any way aid the sexual abuse of children in any country. The Bill is a step forward in terms of bringing such criminals to justice. I thank the Government for accepting it and Deputy Ryan for introducing it.

This Bill is a first in many ways and aims to protect those outside our jurisdiction as well as those within it. Like many other Members I never thought I would be congratulating Deputies O'Donoghue and Ryan for their initiative in introducing this Bill.

They deserve our congratulations.

Travel broadens the mind.

That is an unfortunate comment considering the subject under discussion. I congratulate the Deputies. I also congratulate the Government for accepting a Bill of this nature introduced by Opposition Members, it should happen more often. I am sure members of the Government from their time in Opposition realise that the Government of the day would have accepted various Bills put before it by the Opposition if it were not for party politics and the games we play in trying to order other people's lives.

It would have been virtually impossible to vote against this legislation because of its subject matter. Like earlier speakers, I congratulate Fr. Shay Cullen for his tireless work in exposing the scandal of child prostitution in the Philippines and lobbying governments. I doubt if any of us thought when we saw Fr. Cullen's first appearance on television that he would have made such an impact and the introduction of this Bill represents the conclusion of his work in this country. Naturally it is not the end of his work in other countries but in as much as we can do it is a significant step. It is largely due to his efforts and those of organisations, such as Trócaire, that politicians have been made more aware of this issue.

We were probably aware of it from television documentaries on child prostitution but did not realise its scale, or the economic reasons for it until Fr. Shay Cullen and others drew our attention to it and let us know what we could do on behalf of those children.

As the gap between the developing and developed world increases, certain types of exports are flourishing. The developed world increasingly exports its social and economic ills, ranging from environmental despoilation to child exploitation. As awareness of child sexual abuse increases in the developed world and legislation is enacted to tackle it more and more paedophiles are seeking new hunting grounds in the poorest countries of Asia, Thailand, India, the Philippines, Kenya and other African countries. As soon as the Philippines and Thailand for instance enact legislation to clamp down on this henious crime, the perpetrators will move on and find fresh hunting grounds. Child prostitution is subject to the laws of supply and demand in the same way as any other commodity. The increasing demand by European, American and Australian tourists for child prostitutes has created a seemingly inexhaustible supply. UNICEF estimates that 60,000 child prostitutes are operating in the Philippines, a substantial number of whom operate for the foreign tourist.

So-called sex tourism is a new form of colonialism, a form as insidious and corrupting as the political colonialism of the past. While most of the destination countries have enacted legislation to deal with child prostitution, prosecutions of foreign nationals are extremely rare. This is due to a combination of factors including lack of resources, the logistical difficulties of prosecuting a tourist and, in some cases, corruption. No foreign paedophile has yet been convicted under the Philippines' stringent child protection laws. This is certainly not due to a lack of evidence. Sex tour brochures, videos and records of sexual encounters are all too easily available.

The enactment of legislation to prosecute paedophiles for offences committed abroad will serve a number of purposes. First, it will send a clear message that on their return to Ireland people who have abused children elsewhere will not find a safe haven. We in Ireland are only coming to terms with the very difficult problem of child sexual abuse. I am pleased this legislation comes at a time when we are dealing with our problem. It will reassure the people in the destination countries that we are not prepared to see their countries being used as paedophile dumping grounds and it will ensure that child abusers are not left loose to continue their activity in this jurisdiction. That should also be of concern.

Legislation similar to this has been enacted in jurisdictions such as Australia and Sweden but it is too early to assess its effectiveness. I understand that a prosecution is currently being taken in Sweden and hope many more will follow.

In the long-term, the issue of child prostitution and exploitation in the developing world can only be addressed by a fundamental shift in the balance of global economic power. In the short-term, legislation such as that proposed by Deputies O'Donoghue and Ryan will provide a legal sanction against Irish child abusers travelling to the developing world in search of victims.

Most people are outraged by child sexual abuse and I do not believe anyone would defend it. I congratulate both Deputies on introducing the Bill. Equally, I congratulate the Government on its acceptance of it and look forward to more Private Members' Bills being accepted.

I congratulate Deputy O'Donoghue and my constituency colleague, Deputy Eoin Ryan, on introducing this Bill. It is important legislation and I commend them on their foresight and interest in the issue. I congratulate the Minister on accepting the Bill and hope Deputies will accept the proposed amendments which are reasonable, worthwhile and essential. As Deputy Power and others said, it is a sign of political maturity that the Government has decided to accept the Bill. I agree with him and Deputy Lynch that we should have more of this. If good ideas find legislative expression, we should support them.

It is a reflection of the global village in which we live that a Bill such as this should be before the House and accepted by the Government. It is also a reflection of the international dimension of protecting children's rights, our international obligations and the international opportunities to protect and further children's rights and the international problem of child sexual abuse.

We have heard a great deal here about the national problem but it is an international problem and one which is understood to varying degrees in different countries. I recall being in Russia a number of years ago and asking people if they were dealing with this issue, to which I got a negative response. That society at that time had not faced up to its problems in this area. The matter is dealt with in different ways all over the world due to the different levels of awareness. It is only in the past ten years that awareness levels here have reached the required levels and that we have put in place appropriate monitoring safeguards.

We are also witnessing an international problem of child sexual abuse in the form of child sex tourism and the vulnerable position of young female children throughout the world. It is important for us to give leadership in this area. It is interesting to note that some of our priests abroad, one in particular, has given leadership and succeeded through his lobbying efforts in bringing this matter to the attention of the governments of Sweden, Germany and Holland but has not been successful in the UK. Australia has brought in legislation similar to ours. It is right and proper that Ireland is giving leadership in this area and putting legislation in place. It is important that a clear and unequivocal message goes out to those involved in organising child sex tourism. It is terrible that an industry such as tourism which has the potential for happy times should be used in this way. We have to send out a message to the countries where this is happening that it is not acceptable and that the world is taking action on it.

This matter was considered in great detail at the United Nations Conference on Women in Beijing early this year. One of the themes which emerged from the conference was the need for greater protection and greater focus on women's rights as human rights. Developing that dimension and understanding in the search for equality for women and young girls is about the search for human rights and it is important to equate the two.

At the conference I heard many horrific stories of children being sold to paedophile rings. I had not realised that parents sold their children to known paedophile rings although I had been aware that children were being sold for various forms of commercial work and we heard individual stories of witnesses. As Deputy Power said, this happens in many poverty-stricken countries where parents feel they have no option. Parents are driven to do this in desperation because of their economic situation and the low status of girls in their society.

Different themes emerged from the United Nations international women's conferences. For example, a new focus on domestic violence emerged from the Nairobi conference and firmly placed that matter on the international agenda. Countries took action as a result. A huge focus on the rights of the girl child resulted from the Beijing conference. It is not a concept with which we are familiar in Ireland but it is increasingly important that we are aware of it. It is linked to this debate because we are discussing the exploitation of young children, boys and girls, but particularly young girls. The sexual exploitation of these young girls is closely connected not just to poverty in their countries, to which it is intimately linked, but also to the low status of the girl child.

A recent article in an English Sunday newspaper on this issue stated that up to half the new born daughters in parts of southern India are sacrificed to the cult of the boy child. Many of the girls who survive in such countries face sexual exploitation at a very young age. It has been estimated that, because of infanticide, abortion after ultra sound has determined the sex of the foetus and the low status of girls in many societies, up to 60 million women are missing worldwide, victims of such dreadful approaches to the perception of parents of the girl child in their societies.

This issue must be placed in that context because it belongs there. The preference in such countries as Pakistan, India and Bangladesh among mothers is for sons. This all makes the girl child more vulnerable to the type of sex tourism and sexual exploitation we are discussing. It leads to ongoing exploitation.

At the conference, women spoke of the despair they felt when their daughters were born. It was very sad to hear them speaking in such terms and of the dreadful pressure they felt not to be pregnant with a girl or to allow a baby girl to continue to live because of the future she faced in those societies. It is only by tackling equality at its broadest level, the equality issue in relation to women worldwide and reaching the type of agreement achieved in Beijing with regard to the Platform for Action that we can truly tackle these problems. That is why the agreement reached there is so important and it is essential to monitor and move forward on it in Ireland. The UN's constant monitoring of the agreement puts pressure on those countries where girls are being exploited.

Women in many countries have little choice regarding their sexual rights. This issue was covered at the conference and an extremely good agreement was reached. The decision on protecting women's sexual rights, with which the Vatican in particular and some other countries have so much difficulty, is the basis of the Bill and our discussion. This is why it is important to adopt what they said and for the European Union to state it wants sexual rights as a concept. That was not previously agreed at a world conference.

These rights include the right to have control over and decide freely matters of sexuality, free of coercion, discrimination and violence. This is very relevant to sex tourism. It is extraordinary that this proposal provoked so much opposition from so many states. However, though the term sexual rights was not used, this right is included in the agreed Platform for Action and Ireland fully supported, as did the EU, this important development.

Another important development, which is receiving more attention world-wide, is the issue of helping women to become more economically independent so that they do not rely on forms of exploitation, such as sex tourism, or exploitation within their country. For example, we must ensure development aid to countries goes directly to women in addition to men. Previously, women were a type of add on to development policies. They received some money when the main funds had been distributed. However, it is now clear the entire society benefits if the money goes directly to women who are involved at grass roots level in developing their communities, developing farming methods and setting up micro arts and crafts businesses. This gives women independence and ensures they will not be exploited.

It is interesting that world organisations, such as the International Monetary Fund and the World Bank, which previously never thought of giving this type of micro financial aid directly to women have changed their policies. They give small amounts of money to women to set up businesses in rural communities throughout the Third World. This is the way forward and will ensure that women are not exploited.

We increasingly recognise that discrimination against women and the girl child begins at the very earliest stages of life. It often continues unabated throughout their lives, particularly in poorer regions of the world. We are very lucky in this part of the world because we have made so much progress on this issue. We have made many changes to the lives of women and men. Women are often subjected to forms of sexual and economic exploitation, including female infanticide, pre-natal sex selection, incest, female genital mutilation, which was not considered a problem some years ago by some cultures but is now considered as such, an early marriage, including child marriage and sexual exploitation.

The media has played a strong role worldwide and also in Ireland in highlighting these issues and ensuring that action is taken. The Bill, produced by Deputies O'Donoghue and Eoin Ryan, is another marker on the road to tackling this issue at the appropriate level. We are taking a strong lead when we state we believe this type of exploitation of young children occurs.

I wish to share my time.

Is that agreed? Agreed.

I pay special tribute to and salute my colleagues, Deputies Eoin Ryan and O'Donoghue, for preparing this important Bill. If an Irish citizen or any person resident in Ireland commits a sexual offence against a child, it will constitute a criminal offence under the Bill. Child abuse, and particularly child sexual abuse, regardless of where it is committed, is horrific and sick. The innocence and vulnerability of children and their needs deserve special attention.

My former colleague, former Deputy Dermot Fitzpatrick chaired the select committee established in 1989 on the Child Care Act. This was long before some of the paedophilia cases came to light. It is encouraging that legislators were working on the identified need to put in place a mechanism and regulations to protect children.

Child abuse has caused concern in Ireland in recent years. Nobody condones it and I welcome the fact that the Minister for Health has placed a special focus, with personal conviction, on ensuring a number of outstanding issues and regulations under the Child Care Act are dealt with in 1996. I am particularly aware of this as a member of the Eastern Health Board and I am sure the same position applies in the other seven health board regions. I know several Departments are involved. I congratulate all those involved in ensuring these measures are put in place and, most importantly, that funding is made available.

Child prostitution, which I gather is an escalating problem, is an issue of great concern. We have all travelled abroad on holidays and may have been brought to particular "hot spots" in a city to see the cultural benefits on offer. I will not be shy in saying I have been brought to locations where some people get a thrill from looking at what I would describe as sick behaviour.

Not long ago, a friend of mine returned from a holiday in Thailand with a photograph of himself among eight very attractive young ladies whose ages I could not guess. To my horror I learned they were eight men but anyone would have been easily fooled.

We are now mature enough as a nation to discuss the escalating problem of child prostitution in its various forms which heretofore was not recognised or spoken about. On their own initiative, for which I heartily congratulate them, Deputies O'Donoghue and Ryan went to the trouble of preparing a difficult Bill. We would all prefer not to talk about child sex abuse and the promotion of child prostitution, particularly when they are not problems on our own doorsteps, but it is an issue that warrants a Bill such as this.

Thailand and the Philippines are recognised as being at the forefront in the area of child prostitution. I understand the governments of both those countries have made clear policy statements in regard to addressing this problem. Children ranging in ages from four or five, which does not bear thinking about, to 14 or 15 years, which is considered old, are engaged in prostitution. It can truly be regarded as a sacrifice of the lambs. The betrayal and violence involved in child prostitution is a crime against humanity.

I am sure the public is wondering what Ireland can do to prevent people in authority, be they parents, police forces, etc., acting as pimps selling young children for sexual purposes. Can this problem be addressed by Irish legislators? Can we stop a mother, a corrupt police officer, government official, street trader or pimp putting an innocent male or female child on the streets of Thailand tonight to engage in prostitution? We cannot but we can hopefully put in place a mechanism that will deter Irish citizens from availing of services which may be offered to them on a sex holiday by ensuring they are charged with a crime on their return to Ireland. That is the best this Bill can offer. I know the Minister has some reservations about the Bill although I welcome the fact that the Government is accepting it. It is an historic occasion for a Fianna Fáil Private Members' Bill to be accepted by the Government. I appreciate it will take some time for the Bill to go through Committee Stage——

It will be a matter for the Whips.

——but given that there is agreement on it I am sure it will be treated with urgency. I would be grateful if the Minister would indicate the type of mechanisms that will be put in place, when they will be put in place, the type of penalties that will apply for criminal offences and whether they have to be specified in the Bill. The Minister has said it will be a matter for the Whips but I ask her to give some timescale for the Bill.

I welcome the opportunity to make some brief comments about this short but important Bill which puts down a marker for the whole world on where Ireland stands in relation to child sexual abuse, paedophilia and child prostitution. It is an indication that we are willing to prosecute our citizens who have any involvement in such activities while abroad.

I compliment my colleagues, Deputies O'Donoghue and Ryan, for bringing forward the Bill and thank the Minister and the Government for accepting it. Child sexual abuse, paedophilia and child prostitution have become prominent issues in our society of late but these problems have been on the increase in other countries for many years. It is alarming to hear that package sex holidays are organised to Thailand, Cambodia and southern Asian countries, often veiled by exotic advertising. As the level of vigilance increases here in relation to child sex abuse, paedophilia and child prostitution, the attention of the paedophiles will turn to other areas and locations where they are not known and the law is more lax.

This Bill marks a major step forward in imposing the jurisdiction of the Irish courts on child sexual offences committed abroad. Its provisions will also apply to those who aid and abet or act as go betweens in the international pornographic trade. This is a welcome development as it brings the law here into line with our obligations under the UN Convention on the Rights of the Child and the position in countries, such as the United States, Australia, Germany, France, Sweden and Norway. legislation is in the pipeline in a number of others.

Child prostitution and sexual exploitation must be viewed as a crime against humanity. It is a global problem which demands an international response. It can only be tackled by co-operation at an international level and law enforcement similar to what is proposed in this Bill. There is a need for more stringent enforcement of the law in the land where such acts are perpetrated.

Anti-poverty measures are also of importance in preventing this trade. When foreign aid is provided the purposes for which it may be used should be specified. It should be allocated to the areas where most good can be done. In this regard our missionaries and agencies, such as Trocaire and GOAL, have an excellent record. Fr. Shay Cullen has highlighted the scale of the problem in Manilla where he has done tremendous work and outlined ways by which it may be resolved.

There must be a heightened sense of awareness among Governments, police forces, judges and religious leaders of the need to ensure that poor families are not duped by offers of employment for their children who, in many cases, end up as prostitutes in the sex tourism industry. This must be stopped by international law and co-operation between international police forces, such as Interpol, in breaking up paedophile and pornographic rings. There is a need for vigilance as I understand the Internet system is now being used by those involved in the sex trade.

I hope some of the measures I have outlined will be implemented in the near future in the fight against this trade.

I listened to the debate last evening with a sense of shock, horror and total disbelief. Having read an article about Fr. Shay Cullen and the enormity of the problem in Manilla, I am prompted to say that something has to be done. For that reason I compliment Deputies Eoin Ryan and O'Donoghue for drafting this Bill and the Minister for Justice, Deputy Owen, for accepting it. It mirrors exactly how we feel about the abuse of children, be it at home or abroad. It is important, in keeping with our obligations under the UN Convention, that we are seen to play our part in ensuring that these monsters are not allowed to continue to walk free.

When one looks at the countries where this is a major problem the common denominator is that each of them is underdeveloped economically. In most cases the children concerned are handed over by their parents who because of their circumstances are unable to maintain them. In turn, they become the property of pimps who ruthlessly exploit them to the extent they are subjected to physical torture.

It is stated in the article to which I have referred that the number of cases involving abuse in Manilla doubled to 1,586 last year. This is appalling. There was a time when the sex tourism industry was confined to consenting adults, but nowadays many people who live ordinary lives under the mask of normality travel to south east Asia to engage in such activity. This should not be tolerated given that the self-esteem of the young people left behind is shattered. They feel that they are somehow guilty and dirty. In the light of recent revelations concerning paedophiles here, it is important that we are seen to take action against these people and ensure that it is regarded as a crime, not a disease. We need to show to the world that under no circumstances will this behaviour be tolerated.

There is a need to mobilise the international community to take action and ensure unity of purpose in eradicating this problem. There is also a need to ensure that in providing aid the emphasis is laid on the education aspects, the need for training and the concept of self help to provide the families who feel they have to give up their children with a sense of hope and purpose. This should be done as quickly as possible, with the assistance of the international community, to eradicate this problem.

I commend Deputies O'Donoghue and Eoin Ryan on having introduced this important Bill and the Minister on having accepted it, demonstrating that Private Members' time need not necessarily be devoted to motions only, sometimes to no effect, but can be devoted to Bills through which we can achieve something. If the members of Government can listen to the views of the Opposition we can achieve something really positive. It also proves there is no need for a weighty tome in order to achieve something important. A mistaken view is that unless a Bill runs into volumes its provisions are not worthwhile.

This issue is one that affects all of us. Many Members have referred to regions in which child prostitution is an industry. We deplore the behaviour of those who leave this country to engage in such unthinkable, unmentionable habits abroad and they should rightly be brought to book here if that behaviour is against the law.

The issue is a worldwide one, constituting an overall comment on society in general. It leads to questions about how modern technology is used, how it can lead to some people forming behavioural ideas they might not have contemplated in the past. Some Members have referred to the use and abuse of the Internet which is part of the problem in tackling the overall problem of child sexual abuse.

While the Bill before us undertakes one fundamental, specific task, I am sure the Minister would agree it is not the beginning and end but rather tackles a series of loopholes that must be closed, leading to greater awareness within our society. Any suggestion that such occurrences only take place abroad is not correct. While they may be more obvious or organised and constitute more of an industry abroad, paedophilia is appalling and unthinkable whenever and wherever practised. As a parent I find it impossible to understand the urge that would drive people to abuse children in the manner that came to light in the Father Brendan Smith case and as portrayed in a television documentary I saw recently about a choirmaster in Canada whose name I cannot recall. It was astonishing that this practice there was known to so many people, yet the system failed in its attempts to deal with it. It took some 20 years, and many destroyed lives, to bring the individual responsible to book.

We must tackle the worldwide sex tourism industry, which is growing within Europe and elsewhere. We are taking measures to combat it, but it is not something with which Ireland can deal in isolation. Next year during our Presidency of the European Union, the Minister, in her capacity as President of the European Council of Justice Ministers, should adopt a European-wide legislative programme to counter these awful practices being perpetrated within Europe and elsewhere. It is an issue we should be seen to be the fore in tackling.

The importance of this type of Bill cannot be exaggerated. While Members have spoken about the limitations and precision of its provisions, I am thinking of tackling it on a much wider front. It is an international industry, though that is a peculiar description of it, that appears to be on the increase. There are many reasons, not least of which is the social deprivation in many countries.

When one examines the types of countries in which this appalling industry thrives one discovers they are those experiencing horrendous internal social problems. Tackling those social problems on a global scale will play a part in eliminating that industry and this is the only manner in which we can guarantee the protection of children. Whatever their nationality, colour or creed children are equally precious and we must ensure that everything possible is done for their protection. I look forward to greater developments to tackle this horendous problem on a wider front.

I welcome this Bill and the fact that the Minister has indicated the Government is supporting it. If necessary, it will be amended to tigten up various technicalities to render it operable.

The image of a well-built German, American, Australian, Swedish, Irish or English male walking along a street hand in hand with a child in Thailand is one many people have seen in documentaries on child prostitution. It is that chilling, absolutely unforgettable image which has prompted many parliamentarians who have had access to the Far East, Thailand in particular, to initiate legislation in their national legislatures to deal with this issue of child prostitution.

The existence of a thriving trade in children's bodies has been well documented. For example, in 1989, the United Nations Working Group on Contemporary Forms of Slavery reported that worldwide child prostitution may involve millions of children. The problem is particularly severe in Asian countries. Due largely to the work of ECPAT — End Child Prostitution in Asia — and other dedicated groups, individuals and legislators, this is now receiving serious attention from the world community.

I congratulate Deputies O'Donoghue and Eoin Ryan on having introduced this small Bill which has large implications and very much welcome the fact that it is being accepted by Government.

Many of our people were introduced only recently to the term "paedophilia" as a result of controversies and revelations and the collapse of the previous Government. Many of them may never have heard of paedophilia in any specific sense until the Father Brendan Smith case came to the fore. The practice of paedophilia is a type of deviant sexual preference for engaging in sexual activities with children, by and large facilitated by privileged access to children by a parent or other person in authority. In the absence of privileged access, a paedophile can travel abroad in order to buy access to extremely poor child prostitutes.

This issue has been receiving serious attention within the international community and is reflected in Article 34 of the United Nations Convention on the Rights of the Child which provides:

States Parties undertake to protect the child from all forms of sexual exploitation and abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:

(a) The inducement or coercion of a child to engage in any unlawful sexual activity;

(b) The exploitative use of children in prostitution or other unlawful sexual practice;

(c) The exploitative use of children in pornographic performances and materials.

In 1991 the European Council of Ministers adopted a recommendation to all member states on sexual exploitation, pornography, prostitution of and trafficking in children and young adults.

We have witnessed incidences of incest and child abuse in this country. The very term "child abuse" has been almost diluted through overuse, masking the horror of the physical act of rape or sexual interference with a child. I understand that child prostitution is one of the most extreme, horrific manifestations of the crime of child abuse. Ron O'Grady, on behalf of ECPAT, has written a book entitled The Rape of the Innocent outlining the facts behind the trade in child prostitution in Asia which makes for extremely disturbing reading. Most people would prefer not to dwell overlong on the issue of child prostitution. Mr. O'Grady makes it clear that the principal or root cause of child prostitution, in all societies, is extreme poverty, as a result of which many Asian families are literally persuaded to sell their children into slavery. In some such countries, such as Thailand, there are villages in which almost every household has sold one or more daughters into prostitution. These children are regarded as no more than commodities, a sort of cash crop to be reared for sale. The sale of one daughter yields them sufficient money on which to live for some ten years. This leads them to think of their daughters as silver and gold, as one man was quoted as saying in Ron O'Grady's book. Once sold on to brothels, those children are rented out to customers in exactly the same way as one would rent a hired car.

While it is imperative that measures such as this Bill be introduced by national legislatures in all European Union member states, it is obvious that the problem of child abuse, whether on a domestic or international scale, will never be eliminated until children cease to be perceived as commodities or possessions but rather as human beings in their own right, whose rights the State should defend and vindicate.

If the Dáil is truly committed to the principle that children should be protected from abuse and exploitation, a huge amount can be done in legislation. We cannot yet claim to have even minimum standards of child protection on the Statute Book. While the Bill is welcome in demonstrating our willingness to protect children in other jurisdictions, we need to clean up our own act with regard to prosecution policy as it applies to our children.

The perception of children as a possession is not confined to the villages and slums of Asia. It is also very much alive and well in our Constitution, which guarantees to protect the family in its constitutional authority, and which also protects the inalienable and imprescriptible rights of parents. This has created huge difficulties over the years for State authorities when trying to determine the degree to which bodies such as health boards may intervene in cases of suspected child abuse or neglect. Generations of children have suffered because of this reluctance to put aside the constitutional rights of parents over their children.

The Constitution does not specifically protect children's rights, apart from the unborn. Prosecution rates are abysmal in the State. For example, in the case of prosecution rates for sexual offences against children, only one in three cases which go to the Office of the DPP from the gardaí and health boards are prosecuted. I have had cause to criticise these rates of prosecution, question them and call for a review of prosecution policy in the State with regard to child sexual offences.

Our conviction rates are even worse. It is amazing to look at the diminishing numbers of cases. Hundreds of cases are reported to the health board, yet we have conviction rates in single figures for a given year. Our prosecution policy must be addressed in this area.

We have many homeless children, especially homeless boys living in Dublin. People who work with them have indicated there are suggestions that homeless boys sell their bodily integrity in Dublin. There appears to be an extraordinary absence of attention to this issue. Will the Minister indicate if she has any information as to the existence of child prostitution or of boys under the age of consent involved in prostitution in this city? Some allegations were investigated, but there was not a conclusion or a firm result on this matter.

The reporting of cases is problematical, for example, we still do not have mandatory reporting. This recommendation of the Kilkenny incest report is still at discussion document stage. Our policy is not thought through. We do not have a register of sex offenders or licensing of care workers, who have privileged access to children in all sorts of situations, such as in orphanages and residential homes. There is a general laxity regarding the kinds of people who are allowed to work and have privileged access to children. The Minister must, therefore, look into the licensing of care workers.

The right of the child to freedom from sexual abuse goes hand in hand with the obligation of the State to bring to justice those who offend against children. Recent cases which have revealed the non-prosecution of child abuse cases, because of lapse of time, which resulted in the DPP deciding not to prosecute, have given cause for concern.

There is a lack of information generally about prosecution policy in this area in the State, and action and good policy can be based only on good statistical information. However, we do not have solid information in the State on the rates of child abuse, and what is worse, no study has been undertaken with regard to those cases of alleged child abuse which have been brought to the State's attention by the victims.

On 3 October 1995, I asked the Taoiseach, by way of parliamentary question, to state the number of cases alleging child sex abuse currently awaiting decision by the DPP, whether there was an increase in the volume of such cases over the last three years, and whether he would make a statement. According to the Official Report, 3 October 1995; Vol. 450, col. 644, he made the following, regrettable, reply:

I have been advised by the Director of Public Prosecutions that the cost and the required commitment of scarce resources in his Office to produce the statistics and information requested by the Deputy would be out of proportion to the value of the information obtained.

Not only is this information unavailable, the number of cases awaiting determination in the DPP's office is not available, and in spite of a parliamentary question the Government does not consider it important enough to obtain.

The issue of delay and child abuse prosecution will come into play in this legislation also, because if a case is to be taken, delay is always a feature of the reporting of child abuse if we appear to have a very ingrained policy, based on not to prosecute child sexual offenders where there has been a delay in making a complaint. Deputies will recall that it was this excuse, that there was too long a lapse of time from the alleged complaint, which caused the failure to extradite Brendan Smyth. This feature crops up again in many of the cases which have come into the public arena in recent weeks, where, for example, a file went to the DPP and a determination was made by him not to prosecute on the grounds of a lapse of time. It crops up regularly in child abuse cases, and is something we must look at.

There is incontrovertible psychological evidence that children face specific difficulties in making complaints, and that they often delay because of threats from the abuser, through fear of being disbelieved or because they may be so young that they lack the vocal skills to articulate what happened to them.

Delay is a feature of all child abuse cases. The policy of allowing delay to be a bar to a prosecution flies in the face of a very strong statement in the Supreme Court that delay should not be a factor in dismissing a prosecution where the offender has contributed to the delay by threatening the child or because the child is subject to his authority. It would be an irony if Irish paedophiles were being prosecuted under this Bill for having abused children abroad when insufficient controls and inadequate policy mean that paedophiles who abuse children in Ireland walk free. Too many have escaped justice because of a raft of policy and precedent which tends to disbelieve the child and believe the abuser, and which protects inordinately the rights of the accused over the rights of the victim. Unless the rights of children are given real protection under Irish law here where we have real control over policy, and until the State takes real and worthwhile measures to protect Irish children from abuse and exploitation and ensures that child abusers are denied sanctuary, whether in relation to offences abroad or in this jurisdiction, the genuinely meant expressions of concern for children's welfare which we heard tonight and last night will be very much empty rhetoric.

It would be wrong to concentrate only on the Asian countries. We need to be aware that sex tourism happens in countries like Spain as well. The Minister made a rather cryptic remark in her opening speech when she said there was evidence that some of this tourism emanates from Ireland. The Minister of State who is here may not be in possession of that information, but it would be interesting if the Minister would expand on that aspect of her speech.

I join with the other Members of this House in congratulating Deputies Ryan and O'Donoghue on introducing this important Bill. I am sure the Deputies had to devote a considerable amount of time to preparing it, and we would all consider that time was very well spent.

The Minister for Justice has informed the House that the Government is prepared to back the Bill, subject to certain amendments likely to be required. I am delighted the Government has taken such a positive attitude to this Bill.

Child prostitution is a phenomenon in many parts of the world. It has been estimated that over one million children, and perhaps many more, have been forced into that monstrous trade in Asia alone. That is a staggering, appalling statistic. No Deputy in this House would hesitate to say that we must do everything in our power to bring the exploitation of children in that way to an end.

One of the factors that undoubtedly contributes substantially to child prostitution is the so-called sex tourism trade. This industry has developed largely because the laws protecting children in developed countries have been tightened and because of the ease with which foreign travel can be undertaken to countries where the same safeguards have not been put in place or at least do not operate very effectively. It is difficult to imagine that any Irish person would seek to take advantage of or become involved in what can only be described as a disgusting trade, but it has become clear that some of our citizens have done so.

The Bill before the House provides a legislative framework which targets the activities of Irish citizens and residents who travel overseas to sexually abuse children. Unfortunately up to now paedophiles in this country could avoid prosecution for offences committed against children abroad. That escape route has been cut off. When the new legislation is enacted we will have the means to ensure that these individuals will not be able to avoid the consequences of their terrible crimes.

As the Minister for Justice, Deputy Nora Owen, pointed out in her statement, there are gaps in the Bill, and she will bring forward a number of amendments on Committee Stage. I also understand from Deputy Ryan's contribution last night that his party has proposals to amend the Bill. We would all agree that what is required is that the text should be comprehensive, and I have no doubt that Deputies on all sides of the House will be prepared to cooperate to make sure that the final version will be as effective as we can possibly make it.

I take the opportunity to pay a special tribute to the organisations playing such a significant part in the fight against child prostitution throughout the world. They have saved thousands of children from that horrible fate, and in the process the people involved have often had to face great dangers. It is difficult to express appreciation for the contribution those parties have made towards protecting the human rights and lives of children who would otherwise have been exploited and abused, but I am sure we all fully appreciate the work they have done and their extraordinary commitment.

I am very happy to have had the opportunity to speak on this Bill, and thank Deputies for their generosity in granting me time. This Bill will identify Ireland as a member of the international community that has taken special steps to protect the children of the world and assist in the elimination of the vile trades of child prostitution and child sex tourism. These are objectives we all support, and I look forward to the early enactment of the Bill.

Earlier it was asked when the next Stage will be taken. This is to be agreed between the Whips.

I would like to share my time with Deputies O'Donoghue and Eoin Ryan.

I pay tribute to both Deputies for introducing the Bill. It is an illustration of a pro-active legislative input from the Opposition which is to be welcomed. I welcome also the Government's endorsement of the principle of the Bill and its agreement to proceed to Committee Stage.

This Bill is long overdue. It sends out a clear message that this country is not prepared to tolerate child abuse or child prostitution either here or abroad, or the participation in such activities by Irish citizens.

Unfortunately, we have child prostitution in this country also. Young people are engaged in prostitution in our capital city and throughout the country. We cannot be complacent about that. We must take strong measures to deal with it. We are all agreed that child prostitution and the enslavement of children in this type of activity is to be condemned.

The established governments of the western world tend to approach issues such as this in the Third World, in the Philippines and Thailand, with a degree of complacency and to feel there is not much they can do about it. This Bill endeavours to show that we can do something about it and that Irish citizens who engage in such activities in these countries will be treated as outcasts and criminals and have the full rigours of the law brought to bear against them here if evidence materialises.

We have to have a much stronger input at the UN and through various international agencies to root out this type of activity. It is estimated that every year one million children world-wide are forced into child prostitution. As many as ten million children could be potentially enslaved in child prostitution, the sex industry, sex tourism and pornography generally. That illustrates the international dimension to this problem and the need for resolute Government action. Unfortunately there is a perception among the public that the international authority and agencies such as the UN are not powerful enough and do not have the resources or the will to deal with this crime and eradicate it from society.

I also take this opportunity to pay tribute to Fr. Shay Cullen who has worked for many years in the Philippines. He has been a motivating force behind the publication of this Bill and raising consciousness on this subject. In many ways Fr. Cullen illustrates the outstanding impact Irish missionaries have had in the Third World in highlighting issues of human rights, injustice and the rights of children. We often forget the outstanding pioneering work carried out by these missionaries. They have been our greatest ambassadors and put their lives at risk in the fight against dictatorships, corruption, Mafioso etc. They have worked with, for and on behalf of people and shine like a beacon. We should never underestimate their contribution in the fight for human rights and justice, a contribution which illustrates the need for the Government to allocate extra funding to them.

I particularly welcome the Bill because it focuses on the rights of children. It is only in recent years that modern society has begun to address the fundamental rights of children. I was struck by the fact that the White Paper on Education did not deal adequately with these rights and hope the Bill will influence our attitude to them. It is our duty and responsibility as legislators to ensure that those rights are upheld in all cases.

I thank the Deputies who contributed to the debate and the Government and Ministers for supporting this very good legislation. The acceptance of the Bill sends out a clear message that we are willing to tackle this unsavoury subject. The Jubilee Group in England which has been campaigning for many years to have similar legislation enacted is delighted that this Bill will be enacted here as it believes it will send a message to the UK Government that it should implement similar measures. It is unfortunate that the UK Government is dragging its heels on this issue and any help we can give in ensuring that similar legislation is enacted there is to be welcomed.

I thank Fr. Shay Cullen for the support he has given us. He has done fantastic work in the Philippines and given us the benefit of his experience. He has been dealing with this problem for many years and knows what needs to be done. Happily he is now working with the Filipino Government in trying to eradicate paedophilia from that country. I wish him every success in this major task.

I also wish to thank Ann Badger who works with ECPAT in England for the help she gave us and for sending us the material we requested. Finally, I thank Deputy O'Donoghue for his input to the legislation. It was very interesting to work on a Private Members' Bill which I am delighted is being accepted by the Government.

Paedophile offences stretch across every spectrum of society. In this context it is important to note that paedophile offences are not confined to any one class or creed. Given their special place in Irish society, naturally there has been a concentration of publicity on the Catholic clergy in recent months. It is important to point out that only a very small minority of the Catholic clergy have transgressed in the area of child sexual abuse. While these occurrences were of public interest we should not lose sight of the fact that child sexual abuse also exists, perhaps to a greater degree, in other professions and callings. Presumably because of the humility of their calling the clergy have not highlighted the fact that they have been at the coalface of human calamity wherever it has occurred for many years, if not centuries. It would be remiss of me, therefore, if I did not avail of the opportunity to remind the public that while a very small minority of the clergy have transgressed in the area of child sexual abuse a far greater and more significant number of them have been to the forefront in the fight against child sexual abuse wherever it has occurred.

The man who led the fight to ensure that the Government would accept this Bill was the Columban priest, Fr. Shay Cullen. To the best of my knowledge, this is only the fourth time in the history of the State that a Government has accepted an Opposition Bill. While the Bill has been favourably received it is important to emphasise that the many other worthwhile and meaningful Bills brought before the House by Fianna Fáil during the past year have been shot down by the Government in an archaic and undemocratic fashion which ill befits a modern democracy. The practice of dismissing important legislation is not what democracy is about in the final analysis.

It is of fundamental importance in cases where Catholic bishops report members of the clergy to the authorities as a matter of justice that people's names are not published. Every man and woman has a right to a fair trial and it is important in the context of this Bill and other criminal legislation to recognise that an individual is presumed innocent until proven guilty beyond a reasonable doubt. Over the years we have seen how people who have been prejudged in newspapers regarding certain offences have subsequently not been extradited or prosecuted for that very reason. Inasmuch as any private individual has the right to be treated as innocent until proven guilty so too does a member of the Catholic clergy or any other profession or calling in this democracy.

It has been evident for some time — the Director of Public Prosecutions recently emphasised this — that there is a need for a unified prosecution agency. There is too much duplication between the Director of Public Prosecution's office and the State solicitors at county level.

I warmly thank my friend and colleague Deputy Eoin Ryan with whom I had the great pleasure of working on this Bill. The Irish people and I extend deepest thanks to Fr. Shay Cullen, Trócaire, the Jubilee campaign, ECPAT, the Methodist Church, Christian Aid and Ann Badger who helped so much in leading the fight to have this Bill enacted.

Question put and agreed to.
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