Thank you Noeline.
The history of this State is poor – very poor – when we examine it in the
context of the advancement of children’s rights. For many years, the State
failed. It failed children and it failed their families.
Recent years have seen significant and much needed progress. In 2012, the
Referendum relating to children was passed, recognising, first, that
children have rights and, secondly, the State must protect and vindicate
those rights and in this latter respect.
As Minister of Children, I began the process of placing the Children First
Guidelines on a statutory basis, while in recent years my current
Department has enacted legislation providing for the statutory vetting of
persons who work or engage with children as well as introducing legislation
criminalising the withholding of information on offences committed against
children. All of this work reflects a clear commitment to ensuring that
all necessary steps are taken to protect and support children and those who
engage with children are aware of their responsibilities towards them.
With respect to the Sexual Offences Bill, I do believe that the provisions
of that Bill support the right of all children to safely engage, without
fear or threat, in normal, everyday social interaction whether at home, at
school, in the community, at games, or online. Where that right is
threatened, or worse violated, through the exploitation and victimisation
of a child, the State must offer protection. Protection and, where
necessary, vindication of a child’s rights is key to advancing those rights
and minimising harm.
The Bill owes much to the contributions of many people and organisation.
Civil society groups, such as the Children’s Rights Alliance and rape
support services, along with the Ombudsman for Children and the Special
Rapporteur on Child Protection have all contributed to the development of
this Bill. Indeed, many in this room continue to do so. Whether through
presentations or submissions to Oireachtas Committees or engaging with
myself and my Department, or organising events like this today, I hope you
see that engagement reflected in the Bill and I thank you for it.
There already exists a substantial body of law which provides for the
prosecution of persons who would commit sexual offences against children or
otherwise sexually exploit them. However, where gaps remain – or where
gaps emerge – we must close them. Part 2 of the Criminal Law (Sexual
Offences) Bill introduces and updates a range of offences and specifically
targets the sexual exploitation of children and in particular I want to
focus on two aspects.
First: sexual grooming of children be it in a physical or online space. In
order to target, at the earliest possible point, the initial steps toward
the exploitation of a child, it is important that the law identify those
acts or steps a predator may take to gain access to a child. Sexual
exploitation is broadly defined in section 2 of the Bill and includes
inducing or coercing a child to engage in or observe sexual acts, or
inviting a child to engage in an act which, if done, would constitute a
sexual offence. Sexual exploitation is defined to include that earlier
inappropriate engagement with a child and which would constitute the sexual
grooming of a child.
The Bill includes additional specific offences connected with the sexual
grooming of children. Familiarising children with sexual activity or
sexual material can take place during the early stages of the predatory
process and is often, as I mentioned, precursor activity to more serious
acts of child sexual exploitation. Therefore new offences will be
introduced which will target persons who, for the purpose of sexual
gratification or for the purpose of corrupting or depraving a child, engage
in sexual activity in the presence of a child and intending that the child
should be aware of the sexual act or activity taking place. Equally a
person who causes a child to watch another person engaging in sexual
activity or causes a child to look at images of persons engaging in such
activity – again with the intention of corrupting or depraving that child –
shall be guilty of an offence.
We must be able to target those who would exploit children at the earliest
stage. Targeting those who would seek to make children familiar or
comfortable with sexual acts or activity or imagery in order to facilitate
further and more direct exploitation of that child is critical. The detail
with which these offences are set out in this Bill is to put beyond doubt
the type of behaviours and activities which will be targeted.
Grooming of children however does not just take place in the physical
environment.
Nailing sexual grooming and sexual exploitation of children must extend to
the online world. In section 8 of this Bill are two new offences which
will address the use of information and communication technologies in the
grooming and exploitation of children.
Just like in the offline world, the online world can pose risks. Children
and young people, in particular, can be very vulnerable to unwanted and
seemingly innocuous contact by those who would seek to prey on them.
Modern technology has provided these predators with wider and more open
access to potential victims.
Section 8 of the Sexual Offences Bill will introduce two new offences
addressing the use of modern communication technologies in the grooming and
exploitation of children. The offences under this section recognise and
respond to that risk. Firstly, there is an offence which will criminalise
the initial stages of grooming where communication via, for instance, the
internet is the first step in facilitating the sexual exploitation of
children. Again, the intention is to put in place the opportunity to
intervene at the earlier point possible where an ‘at risk’ child has been
identified.
Section 8 offers further protection to children from unwanted advances by
including an offence of sending sexually explicit material to a child by
mobile or internet communication.
While the offences under this section are targeted at persons who would
seek ultimately to exploit children, it is the case that in terms of
sending sexually explicit material, this type of communication may occur
between young people themselves and while inappropriate, the motivation may
be well short of the sinister threat the Bill seeks to Address. Provision
is therefore included to require the consent of the DPP to any proceedings
taken under section 8 against a child under the age of 17 years.
Turning to another aspect of this Bill, as a violation of a child’s rights,
there is little to compare with the manufacture, organisation, publication,
and dissemination of child pornography and child abuse imagery. The depth
of human depravity involved is difficult to comprehend. Even more so is
the unimaginable consequences for the child.
Child pornography is increasingly a technology enabled crime. Responding
effectively requires cooperation at an international level and across
borders and that must be supported.
We must also identify and combat new means of disseminating this form of
child abuse material. To that end, the Sexual Offences Bill will introduce
a specific offence of attending a pornographic performance involving a
child. Very importantly, attendance is defined in the Bill as including
viewing a live feed by means of information and communication technology.
Before moving on to other parts of the Bill, and again given our theme
today and also as it is an issue raised in a number of submissions received
on the Bill, I would like to highlight the provisions contained in section
17. Effectively, the Bill recognises under age, consensual, peer
relationships through the introduction of a ‘proximity of age’ defence.
Under this provision, a person charged with an offence of engaging in a
sexual act with a person between the ages of 15 and 17 years can rely on a
defence where the act is consensual, non-exploitative and the age
difference is no more than two years. In making this provision, the
criminal law can accommodate, where necessary, normal adolescent behaviour.
Some other aspects of the Bill I believe further support and advance the
rights of children during the criminal trial process.
Part 6 of the Bill provides for a number of amendments to the Criminal
Evidence Act 1992 designed to support and protect victims of violent and
sexual offences during the criminal trial process. Measures to further
protect child victims of such offences from any additional trauma during
the giving of evidence include giving evidence from behind a screen.
Provision is also included preventing a person accused of a sexual offence
from personally cross-examining a person under the age of 14 years unless
the interests of justice require such cross-examination. A court may also
direct that an accused may not personally cross-examine a child between the
ages of 14 and 18 years.
All of these provisions recognise the particular vulnerability of child
victims and their right to added protection to minimise any secondary
trauma. Legislation to implement the EU Victims Directive and in relation
to which there has been substantial progress will further complement these
provisions. I am determined to see these and all the provisions in the
Sexual Offences Bill enacted and brought into force as soon as possible.
But - and it's a big "but."
Protecting children and advancing their rights is a continuous exercise. It
doesn't stop with the enactment of any piece of legislation. We must
remain open to examine and consider all possible responses which may come
to light and will strengthen our ability to remove risks posed to our young
people. We must recognise the importance of working together -- the Sexual
Offences Bill reflects wonderful cooperation.
It's great that this discussion is taking place at a time when this Bill
will come back before Dáil Éireann on Wednesday. I hate that I can't stay
for the entire morning - I know the address by Professor Shannon and the
open discussion will be fascinating and I look forward to hearing feedback
from those discussions.
Finally, I’d like to thank Tanya and the Children’s Rights Alliance for
inviting me to this event today and my thanks again also to Noeline and
everyone here today.
Thank you.