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Dáil Éireann debate -
Tuesday, 8 Dec 1998

Vol. 498 No. 1

Written Answers. - Pornographic Material.

Gay Mitchell

Question:

123 Mr. G. Mitchell asked the Minister for Foreign Affairs the steps, if any, he will take to ensure that material being sent through the post from abroad is made illegal (details supplied); if he will raise this matter at the General Affairs Council; and if he will make a statement on the matter. [26448/98]

The correspondence referred to by the Deputy highlights a number of important issues which are of concern to me.

In the first instance, the importation of pornographic material, whether by post or other means, is prohibited under section 42 of the Customs Consolidation Act, 1876. I understand that the customs service is responsible for the enforcement aspects of this legislation and I am aware that they are very active in this regard and that any attempts to import pornographic material are liable to seizure and prosecution.

The Deputy may wish to note that there are other legislative measures in place to combat the dissemination, distribution, sale and/or rental of pornographic material. Details of these measures were given by the Minister for Justice, Equality and Law Reform in answer to Question No. 207 on 2 December 1998.

Enforcement of this legislation is a matter for the Garda Síochána. As the Deputy will appreciate, the Garda will act on the basis of information or complaints received in relation to matters of this kind. I would, therefore, suggest to the Deputy to encourage any of the persons involved to report the matter to the Garda for their investigation to see if breaches of the criminal law have occurred. There may be data protection aspects to this case as well and the Office of the Data Protection Commission may be able to investigate certain aspects of this case under the terms of the Data Protection Act, 1988.

The Deputy may be aware that the issue of pornography, in particular the issue of child pornography, was considered by the General Affairs Council, GAC, on 5 October 1998. It concluded that the Presidency should see that the Council completes its work on the community action plan on promoting safe use of the Internet and protection against illegal and harmful contents on the Internet. The conclusions of the GAC also sought the early completion of the draft joint action on the fight against child pornography on the Internet and this was agreed by JHA Ministers at their Council meeting on 3-4 December 1998.
As the Deputy will appreciate, the issues raised in the correspondence referred to by him is of primary interest to the Department of Justice, Equality and Law Reform. My Department has passed on the details of this case to that Department. It would not be appropriate to bring this matter to the GAC until the issue has been fully examined by the Department of Justice, Equality and Law Reform and any other relevant Departments or Offices.
I point out that the importation and distribution or sale of pornography are among the issues addressed in the discussion paper on the law of sexual offences which the Minister for Justice, Equality and Law Reform published last May. An analysis of the submissions received on the paper is presently being undertaken in his Department.
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