Vol. 470 No. 1
256 Ms O'Donnell asked the Minister for Justice the proposals, if any, she has for restricting the distribution of video nasties portraying pornographic sex and violence; the extent of the availability for hire in Ireland of particular videos unsuitable for children which are currently banned in the United Kingdom; and if she will make a statement on the matter. [18619/96]
The Video Recordings Act, 1989 which was enacted to control and regulate the supply and importation of video recordings was brought into operation in stages by ministerial order.
The Act contains three levels of control. First, it contains provisions for the licensing of wholesale and retail video outlets. Second, it provides that the Film Censor may, on grounds specified in the Act, prohibit the supply of video films which he considers unsuitable for viewing, and third, it provides for the classification of video films in terms of their suitability for viewing by different age groups. The first two levels of control were brought into operation in 1991, with the third level coming into operation on 12 May 1994.
Section 7 of the Act provides for the making of an order prohibiting the supply of video recordings if it is considered that the work is unfit for viewing. Since that section of the Act was commenced, at the end of 1991, 2,449 works have been prohibited. Most of these works were submitted to the Film Censor by the Garda or the Customs officers.
Section 3 of the Act requires video distributors to submit all new release films to the Film Censor for examination. Those videos which are found by the censor to be suitable for viewing are certified and classified accordingly and those found unsuitable are prohibited. Classified videos have to be labelled accordingly prior to supply.
The licensing provisions of the Video Recordings Act, 1989 require all wholesalers and retailers, including renters of videos, to be registered with the Film Censor's Office and to display appropriate licences on their premises. A very important element of this licensing control is the fact that the licences may be forfeited by order of the courts in the event of the holder being convicted of certain offences under the Act. This can happen if a licence holder trades in prohibited videos. In other words, the courts can put the owner of a shop renting or selling so-called video nasties out of business in certain circumstances.
Since 1 September 1994, it is an offence to offer for sale or rent any new video which has not been certified and classified by the Censor, or which does not carry prescribed labelling, indicating that it has been certified and showing the appropriate classification symbol.
The enforcement of the law in relation to the Video Recordings Act, 1989 is a matter for the Garda Síochána. If the Deputy is aware that so-called video nasties are available for hire at a particular location, I would urge her to pass on the details to her local gardaí.
