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Sexual Offences.

Dáil Éireann Debate, Tuesday - 30 November 2004

Tuesday, 30 November 2004

Questions (345, 346)

Bernard J. Durkan

Question:

399 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he can unilaterally or in conjunction with his EU colleagues introduce new measures to combat child pornography through the Internet; and if he will make a statement on the matter. [31499/04]

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Bernard J. Durkan

Question:

400 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the alleged increased use of Internet child pornography; if his attention has further been drawn to the potential damage to society of such abuse; the action or actions he can take to counter the problem [31501/04]

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Written answers

I propose to take Questions Nos. 399 and 400 together.

The Internet is an international phenomenon. It has no borders and there is no single organisation controlling it. Measures to combat child pornography on the Internet are, therefore, hampered by a multiplicity of jurisdictions, differing legal systems and, indeed, differing societal norms. Furthermore, developments in new communications technologies allow for Internet access from many means other than the traditional personal computer. For the above reasons, combating the production and availability of child pornography requires a combination of responses and the co-operation of all stakeholders at both national and international level — legislators, law enforcement, schools, child protection practitioners and, most importantly, parents and guardians.

In terms of legislation, in the Child Trafficking and Pornography Act 1998, Ireland has already one of the most robust legislative measures anywhere. Under the Act, the possession, distribution, importation and exportation or sale of all forms of child pornography — films, videos or material in written or auditory form, including material produced or transmitted via the Internet — are offences, with penalties of up to 14 years' imprisonment. Mere possession of child pornography can be punishable by imprisonment for up to five years. Using a child or allowing a child to be used for the production of child pornography is also punishable by up to 14 years' imprisonment.

The Garda Síochána is committed to the investigation of all cases of child pornography and the importance of investigating the child protection issues involved in such cases. The paedophile investigation unit, which is located within the domestic violence and sexual assault unit of the national bureau of criminal investigation, is in existence since November 2002. This unit is tasked with the investigation and co-ordination of cases relating to the possession, production and distribution of child pornography and any alleged sexual abuse pertaining to same. It also engages in proactive investigation of intelligence concerning paedophiles and their use of technology. There is continuous co-operation and liaison with other police forces in an effort to investigate and combat these crimes. The Garda Síochána has successfully prosecuted a number of cases under the Child Trafficking and Pornography Act 1998.

On the structural side, the Government established a working group in 1997 to examine and report on the question of the illegal and harmful use of the Internet with particular reference to child pornography. The report of the working group on the illegal and harmful use of the Internet was published in July 1998. The main recommendation of the report was for a system of self regulation by the Internet service provider industry. The components of such a system were to include the following: an Internet advisory board or IAB — established in February 2000 and funded by the Department of Justice, Equality and Law Reform and the information society fund — which promotes awareness of Internet downside issues, co-ordinates efforts to combat child pornography on the Internet and monitors the effectiveness of self regulation by the Internet service provider industry; a public hotline for reporting child pornography — established 1999 and funded by the industry; and an industry code of practice setting out the duties and responsibilities of each Internet service provider — agreed February 2002.

The Internet advisory board oversees and monitors progress on child pornography measures and supervises a self regulatory regime for the Irish Internet service providers. The self regulation approach to Internet regulation has been adopted worldwide and the board helps and supports the Irish Internet service provider industry to deliver an effective self regulation environment, in accordance with an agreed code of practice and ethics for the industry. The Internet advisory board carried out a review of the code of practice and ethics earlier this year and the findings show that the code is still very relevant and also one of the most advanced ISP industry codes in the European Union. The board's brief also extends to general downside issues on the Internet, including general safety for children.

The hotline —www.hotline.ie— funded by the Internet Service Providers’ Association of Ireland with support from the EU safer Internet action plan, was launched in November 1999 and has been operating since that time. Special protocols operate between the Garda and the hotline which maximise co-operation on law enforcement issues so that offences in the area of child pornography can be detected and prosecuted.

The hotline works closely with, and is a founding member of, the international INHOPE Association, www.inhope.org, a network of European hotlines which is expanding to all parts of the world. The INHOPE Association develops procedures and shares information on the best practices for the tracing and tracking of illegal child pornography.

International co-operation is a vital part of the fight against child pornography on the Internet and Ireland is fully committed to playing its part. In September 2001, the Council of Europe Ministers' deputies approved the first international convention on cybercrime. Ireland signed up to the convention in June 2002. The main objective of the convention is to foster international co-operation in protecting society against cybercrime. The convention deals specifically with the distribution of child pornography on the Internet, infringements of copyright, computer related fraud and violations of network security.

The European Union has taken a strong line on combating child pornography on the Internet. Under the safer Internet action plan, the EU is providing financial and other supports for measures in the member states to combat illegal and harmful uses of the Internet, with particular emphasis on protecting children. A new EU action plan — safer Internet plus — covering the period 2005 to 2008, with a budget of €45 million, has been finalised and is expected to be approved at European Council level in December 2004.

The Council also adopted a framework decision on combating the sexual exploitation of children and child pornography on 22 December 2003. While I have indicated that the Child Trafficking and Pornography Act 1998 is a particularly robust legislative measure, my Department is considering the question of whether additional legislative provisions are required to give effect to this framework decision.

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