I thank the Leader for giving me time to present this Bill and the Minister for coming to the House.
Sex tourism is one part of the burgeoning international tourist business. It usually involves those from well off western countries going to Third World countries and behaving in ways they might not at home. Whether or not this is permissible or exploitative of the poor, the involvement of children in this sordid trade is particularly regrettable. The articles by Nuala Ó Faoláin, published recently in The Irish Times, gave the public in Ireland a small and in no way exaggerated picture of this activity in the Philippines. As I said when I tried to introduce the banning of child sex tours in the Package Holidays and Travel Trade Bill last year, the sexual exploitation of children is repugnant to most Irish people. I am glad to be able to present this Bill to the House as a practical expression of our determination that it should not happen here or elsewhere. Children everywhere must be protected from such activities.
The Third World countries where this appalling activity is carried out are poor. They have rapidly increasing populations, often little family planning, economies which are or have been exploited by us and little to offer in some areas except holidays for tourists from abroad. Little is to be gained from describing how children become involved in these "exotic" holidays. They are stolen, enticed and coerced into co-operating. Drugs are frequently involved; sometimes children are sold by parents who are drug addicts.
Reports by UNICEF, End Child Prostitution in Asian Tourism — which initially dealt only with cases in the Far East but now operates worldwide — or PREDA make shameful reading. As Senators will know from a recent television programme, PREDA is organised by Fr. Shay Cullen, an Irish priest who is supported by Trócaire in campaigning courageously against these activities in the Philippines. That any adults would use children in such a manner is appalling.
A global report by Jubilee Action, an organisation in Britain which campaigns against child sex tourism, carries a health warning which says that it contains material which may shock people. I can give a copy of the report to any Senators who may wish to read it. The activities which have been publicised in Ireland involve the Philippines but this report shows that far from these facilities being available only in that country they are provided for tourists in many Third World countries.
Officials in Third World countries are attempting to fight against the abuse of their children and have passed legislation to counteract these activities. Vested interests in some countries where democracy has less force than here make it imperative that we do all these countries suggest to help them. Ms Ó Faoláin's articles were about the child sex trade in the Philippines but it is much the same in many other countries.
Legislation has been introduced in the Philippines which describes paedophilia as a "heinous crime" and the death penalty can be invoked. However, prosecutions of locals and tourists do not take place and loopholes are easily exploited. Thailand, another country with serious problems, has established an Attorney General specifically to deal with the problem. In Brazil there is such concern that the Government there has organised a conference on the subject in the spring. Many other Third World countries are endeavouring to tackle this outrage, but there is great poverty and a sense of resignation to the problem among many of their citizens. Even parents in dire circumstances have been known to collaborate with abuses.
There are hopeful signs. Tourism organisations, in general, are composed of reputable people who have no desire to profit from the flesh of little children. They have been in the forefront of those seeking international legislation to stop these activities. The Universal Federation of Travel Agents Association has strongly condemned any form of tourism involving child abuse. It has also supported ECPAT's campaign and has agreed to help that organisation to alert the public so that existing regulations are applied. It has encouraged its national member bodies to support ECPAT and sends delegates to its conferences. The International Hotel Association has offered support and advised hotels to advertise that they do not condone child prostitution.
The World Tourism Organisation, at its meeting in Sofia in 1985, urged states and individuals to prevent the possibility of using tourism to exploit minors for prostitution purposes. At Madrid in 1994, it requested Governments to take action to identify and eliminate all forms of organised sex tourism. At St. Vincent in Italy in April 1995, the WTO urged Governments to "prosecute, sanction and hold liable under national law companies, agents, clubs, associations and other entities as well as individuals that promote sex tourism involving children". Many companies and trade unions involved in tourism promotion bodies have made similar pleas. The tourism trade does not want involvement in these vile practices and it feels those who are involved should be exposed and prosecuted.
The support I have been given by such tourism bodies and the encouragement by the embassies of many of the countries whose children are involved has been most helpful, but it is to Muireann Ó'Briain, S.C that I must give most praise. Not only did she help me in drafting the Bill but her investigations over the past few years on an international basis have been the catalyst for many parliamentarians across Europe to take action against this deplorable trade.
It is important to stress that people other than paedophiles are involved. Many whose moral code at home would not allow them in any way to molest children appear to feel that minors abroad can be treated differently. People who travel to poor countries sometimes change their behaviour and do things they would never do at home. They justify it on the basis that the young people need the money and that they have different and freer attitudes to sex. Fear of contracting AIDS has made those who generally only have sex with adults seek younger partners, not realising that this can be as risky. The HIV virus is blood borne and young and damaged tissues can be very infected if the child is HIV positive. This is even more likely, of course, if drugs are already involved.
The United Nations Declaration on Human Rights, which we ratified specifically in Article 19, states that member states:
shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.
Article 34 states:
State Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For those 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 practices;
(c) The exploitative use of children in pornographic performances and materials.
Article 35 states:
States parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.
Article 33 is also important because children are often drugged before they are abused. It states:
States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances.
It is this abuse of children that my Bill addresses.
The definition of child sexual abuse in the Bill is largely derived from the Law Reform Commission's Consultation Paper and Report on Child Sexual Abuse in which certain new offences were proposed. The wording may be explicit but it is necessary. No perpetrator of such crimes should be able to say they did not understand what they were doing was wrong because of ancient wordings. Most legislation on these subjects in other jurisdictions have brought in up to date laws with clear descriptions. To my horror, after the Brendan Smyth case, comments made by some people made it clear that they did not understand how damaging non-penetrative sex could be to young children, especially when a trusted person is involved. Therefore, I am stressing the relevance of non-penetrative sexual activity in this Bill.
There is no one answer to the problem of child sexual abuse either here or abroad. This Bill is only part of the solution. Another part is the excellent Bill on extra territorial prosecution being brought forward by Deputy E. Ryan and Deputy O'Donoghue in the Lower House. That Bill deals with offences committed abroad while my Bill deals with offences committed at home by those involved in the tourism business.
The Council of Europe, in Recommendation R(91) 11 of the Committee of Ministers, has recommended that all member states "dissuade travel agencies from promoting sex tourism in any form, especially through publicity". This Bill is a direct response. It is straightforward and should be easy to enforce. It is not necessary to find an individual involved in a sexual act with a child and there is no problem with transporting witnesses across the world; the legislation of other jurisdictions is not involved either. I have suggested an upper age limit of 16 years for the definition of a child, although the UN Convention on the Child defines them as any person under 18 years of age. The reason I inserted 16 years of age is that in some European countries, like the Netherlands, for example, one may legally engage in prostitution after 16 years of age and I am most anxious that this Bill should be as easily enforceable and have as few loopholes as possible.
Other European countries, as well as Australia and New Zealand, have or are introducing similar legislation. However, the British response has been somewhat different. Lord Hylton in the House of Lords and Michael Alison, M.P. in the House of Commons have brought forward a Private Members' Bill regarding extra territorial legislation against sex offenders; but the British Government, despite strenuous pressure by Jubilee Action, has not accepted it. It is instead proposing conspiracy combined with incitement legislation to track down those who organise sex tours. That Government also feels the extra territorial Bill will be difficult to enforce. It may be, but Sweden has recently succeeded in prosecuting one of its citizens. Therefore, I support Deputy Ryan's and Deputy O'Donoghue's efforts. Conspiracy legislation regarding sex tours, as put forward by the British Government, would be difficult to use in dealing with the promotion of sex tours involving children because it has been notoriously difficult to enforce anywhere. A measure such as my straightforward Bill which only involves our own jurisdiction is much more likely to be enforceable.
The deterrent effect of such legislation is also important. Since this Bill addresses crimes within as well as outside the State, the Government could look on it as strengthening our pornography laws. At present it is not an offence to produce or possess child pornography in this State but this would make both so. When the Video Recordings Act was introduced in 1987, it may have been decided that nobody would make or possess such pornography. There has been a loophole in that Act. Laws against importation alone are not adequate in the technological age in which we live. This legislation can be used against the promotion of child pornography on the Internet. Electronic child pornography and computer generated child sex images would be illegal if made or possessed.
The Government has been invited to take part in the World Congress against Commercial Sexual Exploitation of Children in Sweden in August of this year. Acceptance of this Bill would show the Government's commitment to the plan of action which will be discussed at the congress, to which, I hope, a high level delegation will be sent. The Swedish Government is to be commended for hosting this meeting and the Australian and New Zealand Governments are to be commended for being the first to take action in this area. A man of Irish descent, Mr. Ron O'Grady, in New Zealand had the unique vision of involving many forces in this campaign. As well as activating many individuals at grassroot level to protect children in their own countries, he has involved Interpol, the tourist organisations, World Health Organisation, UNICEF, international labour organisations and Governments all over the world.
The increase in international tourism has brought pleasure to tourists and employment to those involved in promoting holidays. However, this sort of tourism is entirely unacceptable. I visited the Falls in Pansanjam in the Philippines long before it became a haven for paedophiles, but even then, ten years ago, Caucasian men could be seen with very young girls in hotels in Manila. Recently I was told children are being "imported" into Western Europe for illicit sex. By supporting my Bill the Minister and Government could show that in Ireland we will do all in our power to put an end to these activities.