I move:
That leave be granted to introduce a Bill entitled an Act to amend the Criminal Law (Sexual Offences) Act 2006 to provide for increased penalties for persons guilty of sexual exploitation of children.
This legislation seeks to amend the Criminal Law (Sexual Offences) Act 2006 and in particular to provide for increased penalties for persons who are guilty of sexual exploitation of children.
The law at present, in respect of the defilement of a child under the age of 17, is set out in section 3 of the Criminal Law (Sexual Offences) Act 2006. It provides that any person who engages in a sexual act with a child who is under the age of 17 shall be guilty of an offence. The section also sets out the penalties for anybody found guilty of such an offence. I will outline the penalties. A term of seven years of imprisonment is provided for a person who is found guilty of the offence. If, however, the person is in a position of authority, the term of imprisonment that shall be imposed shall be a term not exceeding 15 years.
The purpose of the legislation I seek to introduce is to increase those penalties, which we believe are too low. Currently, the maximum sentence is a term of seven years if one is not in a position of authority. Under the legislation I seek to introduce today, we would change that maximum sentence up to a term of 15 years. Similarly, if a person in a position of authority is found guilty of defilement of a child under the age of 17, we believe the maximum term of imprisonment should be changed from 15 years to a potential penalty of life imprisonment.
Obviously we cannot dictate the sentence that a court will impose on any particular situation but we can set out what the maximum sentence should be. It is important that the Oireachtas should set out its revulsion of these offences by increasing the sentences that may be available to the courts.
It is noteworthy that the legislation I have just referred to, and especially the sentences, are quite low when one considers the other sentences available for persons convicted of offences relating to children. For instance, anybody who meets a child for the purpose of sexual exploitation can, at present, face a maximum sentence of up to 14 years. Engaging in sexual activity in front of a child for sexual gratification can be subject to a sentence of up to ten years. In those circumstances we believe the penalty that currently exists is simply not strong enough.
We seek to introduce this legislation to enable the Oireachtas to set out its abhorrence to these particular offences. I believe it is important to note that on many occasions, the Oireachtas criticises judges for sentences they impose. Members need to recognise that we have a responsibility when it comes to making law in respect of those sentences. If we believe sentences are not strong enough then we should do what we can do in this House by increasing the maximum sentence for a particular offence. By increasing the maximum sentence we are setting the tariff and are giving an indication to the courts that this is how society views these offences.
I shall conclude. I believe that we in this House are too tolerant of certain types of criminal activity. The public is genuinely revolted by certain crimes against children and I do not believe that we reflect that adequately in our laws. Members need to become much more intolerant of crimes committed throughout the community such as repeat burglary and gratuitous violence against individuals and I hope that in the near future Fianna Fáil will bring forward legislation to show that. The time for being tolerant of criminal activity that is gratuitous, serious and which has a big impact on individuals should come to an end. I seek leave to introduce this legislation.
