Dáil Éireann debate -
Wednesday, 21 Feb 1996

Vol. 461 No. 8

Written Answers. - Sale of Pornographic Material.

Liz O'Donnell

Question:

120 Ms O'Donnell asked the Minister for Justice the controls, if any, there are on the sale of offensive and graphic pornographic material being sold in some outlets (details supplied); and if she will make a statement on the matter. [3953/96]

Minister for Justice (Mrs. Owen)

The existing legislation dealing with the sale and distribution of pornographic material is principally the following: the Censorship of Publications Acts, 1929 to 1967 (as amended); the Censorship of Films Acts, 1923 to 1992; and the Video Recordings Acts, 1989 to 1992.

These Acts provide for censorship of books/magazines, films and video recordings, respectively. The task of censorship is carried out by the Censorship of Publications Board in relation to books and magazines and by the Film Censor in relation to films and video recordings. There are also Appeal Boards to decide on any appeal against the decisions of the Censorship of Publications Board and the Film Censor.

In accordance with the provisions of the relevant legislation, the various boards and the Film Censor are independent in the exercise of their functions.

There is a mechanism in place, under this legislation, through which pornographic or obscene publications can be banned. Once a publication is banned, it is then a criminal offence to sell, or expose, offer, advertise or keep for sale, or distribute, or offer or keep for distribution, any such publication.

I strongly urge any person who may be aware of the sale, at any place, of books or magazines, which could be regarded as offensive or pornographic to employ the provisions outlined in sections 6 and 9 of the Censorship of Publications Act, 1946 (as amended).

In particular, section 9 of the Censorship of Publications Act, 1946, makes provision for the Censorship of Publications Board, on receipt of a complaint from any person, to prohibit the sale of a book or magazine which they consider to be indecent or obscene. Complaints should be made to the Censorship of Publications Board. A complaint must be accompanied by a copy of the book in question or, in the case of a magazine, by three recent issues of the magazine.

With regard to the censorship of films and video recordings, I consider that the existing legislation gives the Film Censor wide-ranging powers to deal effectively with this area.

The gardaí and the Customs and Excise Service also have certain powers to search for, and seize, indecent or obscene pictures, books, magazines and videos. I have recently obtained the advice of the Attorney General in relation to the existing powers which the gardaí have in this regard and I have forwarded his advice to the Garda Commissioner for his attention. While I do not want to comment on the details of any particular situation — in case it would prejudice Garda operations in this regard — I can say that I am aware that an intensive Garda investigation is taking place in relation to one particular case and I understand that a file will shortly be submitted to the Director of Public Prosecutions in this regard.

I assure the Deputy that, if at any stage it were to become evident that the existing censorship legislation is inadequate to prevent the sale of offensive pornographic material, I will not hesitate to propose amending legislation.

I have brought the details supplied by the Deputy with this question to the attention of the Garda authorities.