Dáil Éireann Debate, Tuesday - 12 July 2011
318 Deputy Bernard J. Durkan asked the Minister for Justice and Equality his plans for improved child protection with particular reference to the need to prevent child pornography and/or opportunities leading to such; and if he will make a statement on the matter. [20044/11]
View answerThe Garda Síochána Domestic Violence and Sexual Assault Investigation Unit, operating within the Garda National Bureau of Criminal Investigation, is responsible for the investigation of criminal offences involving child pornography. The Unit contains trained specialists and can be augmented by personnel from other units of the National Bureau of Criminal Investigation if required.
I am informed by the Garda authorities that any suspected offence involving the abuse of children through the internet or other technology, whether originating in this jurisdiction or coming to the attention of An Garda Síochána through international agencies or by any other means, is subject to thorough investigation and cooperation by An Garda Síochána. Specialist computer software is available to An Garda Síochána and is utilised to gather information and intelligence on possible suspects operating in this jurisdiction. The resources available for the investigation of this type of crime are continually monitored by the Garda authorities, and I am informed that they are currently considered to be sufficient.
The Child Trafficking and Pornography Act 1998 provides penalties for child pornography offences which I consider to be robust. The offence of knowingly possessing child pornography attracts a maximum prison sentence of five years or a maximum fine of €6,350 or both. The maximum penalty for knowingly producing, distributing, printing, publishing, importing, exporting, showing or selling child pornography is a maximum prison sentence of 14 years or an unlimited fine or both.
The internet is a worldwide phenomenon with no borders and no single organisation controlling it. There is, however, an existing self-regulatory framework for internet service providers (ISPs) in operation in Ireland which actively encourages the adoption of best practice procedures aimed at limiting the proliferation of illegal child pornography content online. Members of the public may report such material to the www.hotline.ie service of the Internet Service Providers’ Association of Ireland (ISPAI). If the material is hosted here and deemed to be illegal and in contravention of Irish law, ISPAI members are obliged to remove such materials. If the material is hosted in another jurisdiction, it is notified to the internet hotline in that jurisdiction and/or to the relevant law enforcement agencies for follow up, with the aim of having illegal content taken down.
It might be noted that a draft proposal for a Directive on combating the sexual abuse, sexual exploitation of children and child pornography was published last year by the European Commission and is currently being negotiated by the EU institutions. Ireland's participation in the adoption and implementation of this measure has been approved by the Government and the Oireachtas.
