Senator welcomes changes in child sex legislation

A WOMAN senator who has campaigned to end child sex tourism last night welcomed the Government's decision to enable courts to take account of the physical appearance of victims of such crimes.

Senator Mary Henry was present for much of the Dail Committee on Legislation and Security debate on the Sexual Offences Jurisdiction Bill.

The Government Bill incorporates much of Ms Henry's proposed Child Sex Tours Bill and the measure introduced by Mr Eoin Ryan (FF) in the Dail. The amended Bill was adopted by the Legislation and Security Committee yesterday.

A key provision enables the courts to consider a person's physical appearance, or attributes, in determining whether that individual was under the age of 17 at the time of the alleged offence.

Explaining the reason for the amendment, the Minister of State for Health, Mr Austin Currie, said that in other jurisdictions attempts to prosecute child sex tourists had been frustrated by the absence of birth certificates, and in one case in the Philippines the conviction of a foreign national for the rape of a child had been quashed.

"We should, I believe, do all we can to ensure that no undue obstacles are placed in the way of our prosecuting authorities here, and that the Bill, when enacted, will be as effective and foolproof as possible. That is why I am proposing this new section, which is modelled on a provision in the Australian child sex tourism legislation".

Another new section penalises anyone who arranges to transport a person to be used in child sex tourism when knowing the reason for that travel. The provision extends to those making such arrangements, so that a manager behind the scenes cannot escape liability.

It will also be an offence to publish information intended, or likely to promote, advocate or incite the commission of a sex offence against a child abroad.

Officers of companies could be held personally liable for offences committed by their firms, said Mr Currie. Penalties under the Transportation and Information Sections would range from a fine of £15, or 12 months jail on summary conviction, or both, to a £10,000 fine or five years' imprisonment, or both, on indictment.

On powers being given to gardai search premises as part of an investigation, Mr Currie said the seizure of documentary evidence might, in some cases, be an important means of assembling evidence. A travel agent's records could be relevant.