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Dáil Éireann díospóireacht -
Tuesday, 4 Feb 1992

Vol. 415 No. 3

Ceisteanna—Questions. Oral Answers. - Control of Distribution/Sale of Audio-Video Recordings.

Bernard J. Durkan

Ceist:

22 Mr. Durkan asked the Minister for Justice if his attention has been drawn to the distribution/sale of audio and video tapes on the Irish market which appear to demean and degrade women and promote violence in a fashion likely to encourage impressionable people to crime; if he intends to take any legislative action on this issue; and if he will make a statement on the matter.

In relation to video tapes, the House will be aware that the Video Recordings Act, 1989, was enacted to control and regulate the supply and importation of video recordings. This Act is being brought into operation in stages. Last year I made orders under that Act to enable the film censor to grant licences to wholesale and retail video dealers and to prohibit the supply of objectionable videos. It is proposed to make a further order and regulations in the coming months to enable the film censor to examine all new videos intended for supply and also to commence the systematic examination of all videos already on the market.

Turning to the matter of audio tapes, there is no specific legislation for the censorship of sound recordings, for the simple reason that there has not been a problem of pornographic or obscene records or tapes being put on the market. I am aware, however, that serious concern has been expressed about a recent recording by an American group which has come on the Irish market.

I would like to place on record that I share that concern. I would hope that the civic responsibility and good sense of the record retailers and distributors in this country will ensure that their recordings will be quickly taken off their shelves.

I have, however, asked the Garda authorities to examine whether distribution or sale of such a recording may constitute a criminal offence and I have asked them to explore all avenues to see whether the sale of such material can be lawfully prevented.

I thank the Minister for his comprehensive reply. Notwithstanding that, would he not agree that appealing to the civic spirit of the public might not be sufficient in this case in that huge profits are likely to be made from the sale of audio or video tapes, and would he not now, as a matter of urgency, consider introducing legislation that would control that market?

One cannot just press a button and have legislation arrive. The issue is one to be examined but I do consider that the short term solution is to do as I have done; first, appeal to retailers to take the tapes off their shelves and, second, have the Garda authorities examine whether the distribution or sale of such a recording constitutes a criminal offence. As I have said, I have asked the Garda authorities to examine all avenues to determine whether the sale of such material can be lawfully prevented. If it cannot be prevented lawfully, then I assure the Deputy that the necessary legislation will be introduced.

When are the final stages of the regulations under the Video Recordings Act likely to be brought into force?

That will be done very shortly. The legislation is being implemented on a staged basis with the co-operation of the Film Censor's Office and the trade generally — it is a step by step process. I wish to inform the House that the Film Censor has already issued prohibition orders in respect of 34 video works.

When does the Minister expect completion of the Film Censor's work on an overall view of films which are currently coming on stream but are already available in video shops? Has the Film Censor given any indication as to the scale of that enterprise and the length of time he expects it to take?

The programme is very extensive, as Members could imagine, because of the number of videos available in shops already and the number of new videos coming on to the market all of the time. There is a gap in the present legislation in relation to film censors. It was my intention to immediately appoint a number of assistant film censors to help in the work and to speed it up as much as possible. The vast number of videos involved makes it impossible for one man to do that work. The out-turn has been that we are caught by the law. Because of the legislation enacted in the 1920s when censors were established, it is now necessary to change the legislation to allow for the employment of assistant film censors. That legislation is nearly completed, it will be introduced and I know that the co-operation of all sides of the House will ensure its speedy passage.

How many inspectors are available to call to the many hundreds of video shops? Is the Minister satisfied that a practice that began to appear, that of unmarked vans driving around housing estates, selling or leasing videos——

White Hiaces.

——no longer occurs as a result of the 1989 legislation?

That would appear to be a separate question.

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