Dáil Éireann debate -
Thursday, 2 Mar 2000

Vol. 515 No. 5

Written Answers. - Censorship Laws.

Richard Bruton

Question:

96 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform the forms of licensing or control which apply to the sale or distribution of material which could be regarded as pornographic; and if he was satisfied himself that these provisions adequately protect the rights of parents to shield their children from this material. [6482/00]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

The following Acts all have relevance in relation to the question of dissemination, distribution, sale and-or rental of pornographic material: section 4 of the Vagrancy Act, 1824; section 72 of the Towns Improvement Ireland Act, 1854; section 42 of the Customs Consolidation Act, 1876; section 3 of the Indecent Advertisements Act, 1889; section 63(i)(b) of the Post Office Act, 1908; the Censorship of Films Acts 1923 to 1992; the Censorship of Publications Acts 1929 to 1967; section 9(i) of the Criminal Law Act, 1976; the Video Recordings Acts, 1989 and 1992; section 7 of the Criminal Justice (Public Order) Act, 1994; and Child Trafficking and Pornography Act, 1998

As the Deputy will be aware, the Garda Síochána is responsible for the enforcement of this legislation, with the exception of the Customs Consolidation Act, 1876 which is the responsibility of the customs service.

The main forms of control of pornographic material would, of course, relate to books, periodicals, films and videos.

The task of censorship in relation to books and magazines is carried out by the censorship of publications board. There is also an appeal board to decide on any appeal against the decision of the Censorship of Publications Board. In accordance with the provisions of the relevant legislation, the various boards are independent in the exercise of their statutory duties and I have no function in this regard.

Under the existing censorship of publications legislation it is open to any member of the public to make a complaint to the board, the offices of which are situated at 13 Lower Hatch Street, Dublin 2. The board examines every book or publication referred to it in respect of which a complaint is made. A copy of the book must accompany the complaint. Complaints made to the board regarding periodical publications must be accompanied by a copy of not less than three recent issues of the periodical publication in question.

The official censor of films is responsible for the classification and prohibition of films and video works in Ireland. There is also the censorship of films appeal board who decide on any appeal against the decision of the official censor of films.

The Deputy will also be aware the Child Trafficking and Pornography Act, 1998, came into operation in July 1998. The Act makes it an offence,inter alia, to produce, distribute, import, export, sell or show any child pornography, punishable by up to 14 years imprisonment on conviction on indictment.

The Deputy may be interested to know that my Department is currently preparing a discussion paper on censorship issues, which I expect to be available within the next few months.