Sentences of up to life imprisonment for trafficking in children for sexual exploitation are among the penalties contained in a new Bill. The Child Trafficking and Pornography Bill 1997, which was published yesterday, will be introduced in the Dail at the end of next month and should be law by the end of February.
For the first time it will be an offence knowingly to produce, distribute, print or sell child pornography - or to advertise that type of material. A 10-year prison sentence, or a fine of up to £100,000, can be imposed on conviction.
Possession of child pornography for personal use will carry a maximum penalty of five years' imprisonment, a £5,000 fine, or both. The courts, meanwhile, will be empowered to order the seizure or destruction of pornographic material found by the Garda.
The Bill will amend the 1992 Criminal Evidence Act so that evidence can be taken by video-link from children in cases involving trafficking and pornography.
According to the Department of Justice, the purpose of the Bill is to strengthen the law to protect children in two specific areas - trafficking and pornography.
Under the Bill, a child is defined as a person under 17. The term "child pornography" covers three main types of material.
One is visual material showing children engaged in explicit sexual activity or the depiction of children for a sexual purpose.
A second category is material "capable of being heard" which involves a child engaged in such activity.
The third category is defined as visual or audio material that "advocates, encourages or counsels" unlawful sexual activity with children.
A section of the Bill also covers computer graphics which can produce pornographic images that are not of real people.
The new measures have been welcomed by the Opposition. But reservations were expressed about some of the proposals.
The heaviest penalty - life imprisonment - is for organising or knowingly facilitating child trafficking for sexual exploitation.
It will also be a crime to organise or provide accommodation for such children while in the State. This offence also carries a life sentence.
Those found guilty of detaining a child or restricting a child's liberty, or helping others to do so, will face up to 10 years in jail.