A VICTORY FOR OUR CHILDREN

Common sense wins out as Dáil votes NOT to let tech giants exploit youngsters at just 13

CHILD safety campaigners won a historic victory yesterday in the battle to protect children online as the Dáil set the digital age of consent at 16.

In a momentous vote, Opposition TDs threw out Fine Gael plans to let tech firms exploit our children from the age of just 13.

A Fianna Fáil and Labour amendment – backed by Sinn Féin and some Independent TDs – dealt a fatal blow to the Government plan.

The campaign to set the digital age of consent at 16 rather than 13 has been led by internationally renowned Irish academics Dr Mary Aiken and Professor Barry O’Sullivan – and championed by this newspaper as part of our ‘Protect Our Kids Online’ initiative. Dr Aiken – one of the

world’s leading cyber psychologists – last night hailed the result of the Dáil vote, saying: ‘This is a victory for democratic process, a victory for transparency, a victory for people power, a victory for parents and families, but most of all, a victory for kids.’

Dr Aiken had fought vigorously alongside digital media expert Prof O’Sullivan for the age to be set at 16 – and last night, she said: ‘It has been a long and hard campaign for Prof O’Sullivan and I – but we persevered and, finally, expert opinion has prevailed.’

Prof O’Sullivan echoed these sentiments, saying he was ‘pleased’ with yesterday’s result. ‘It is important that we’re strong on the protection of children’s personal data online.’

Following the vote, Ireland will now be in line with other securityfocused European countries that have made the same decision, such as Germany, France and the Netherlands.

The Government was defeated on this issue by five votes, and the final result on the amendment to the Data Protection Bill was 56 to 51. The result was last night hailed by one TD as ‘a victory for common sense’. There had been massive opposition to the Government’s plans from experts in the field, as well as parents, teachers, gardaí and doctors.

During the charged Dáil debate on the issue, Fianna Fáil’s Thomas Byrne told the chamber he did not feel TDs had been given the ‘full picture’ in terms of ‘the public consultation’ process.

This was a reference to accusations that the Children’s Rights Alliance – an umbrella organisation for groups in the children’s sector, which had supported the 13 age limit – had not represented the views of all its members.

This came after it emerged the Irish National Teachers’ Organisation wanted the age set at 16, while the Teachers’ Union of Ireland thought 13 was too low. Both of these groups are CRA members.

There were also accusations that Justice Minister Charlie Flanagan had relied too heavily on advocates for an age limit of 13, while not taking account of those advocating for 16. The Mail recently revealed that the Government reportedly did not respond to a letter from the Royal College of Physicians Ireland ‘arguing for 16’.

Mr Byrne called for Mr Flanagan to set out ‘who has urged that we retain the age at 16 and is not listed on the public consultation’. However, Mr Flanagan denied there has been ‘secrecy’ in the consultation process. He said the ‘submissions are all on the department website’.

However, the proposal was defeated in a Dáil vote, and Labour’s Seán Sherlock last night hailed this as a ‘victory for common sense’. ‘There has to be a bal- ance struck between the rights of parents to parent, and the right of children not to have their personal information exploited for commercial gain,’ he said. He added that he was ‘disappointed that some people who purport to represent children went negative on this’.

Sinn Féin TD Donnchadh Ó Laoghaire said last night his party’s decision to support the age of 16 was not one it ‘arrived at lightly or without consideration’. He said Sinn Féin believes ‘16 is the more appropriate age for young people to be in a position to make informed decisions about their safety and the data they are sharing’.

The amendment, passed in the Dáil yesterday, was tabled by Labour’s Mr Sherlock and Fianna Fáil’s Jim O’Callaghan, and it went to a full vote of the House.

The digital age of consent forms part of the wider EU General Data Protection Regulation (GDPR), which is set to come into effect on May 25, and will govern how companies and public bodies handle the public’s data. It set the digital age at 16 by default, but gave member states the option of setting it between 13 and 16.

Earlier this year, the Taoiseach said the Cabinet had ‘considered all of the ages, if you like, between 13 and 16’. ‘But in deciding on 13, we took the advice of the Ombudsman for Children, for example, charities like Barnardos and the Children’s Rights Alliance,’ Leo Varadkar said.

‘And they were all very much in the space of having a younger age around 13, so it was very much based on their advice and experience that we went for that age.’

Independents 4 Change TD Clare Daly was a vocal supporter of the Government’s proposal to set it at the lower age, and yesterday she took a swipe at the media during her contribution on the floor, saying ‘heat and noise’ had been created around this issue.

She added: ‘It’s the modern day equivalent of “just say no” in relation to drugs and sex education.’

However, Fianna Fáil’s Thomas Byrne said that he could not understand the ‘bitterness in the debate’ to date.

He also told the chamber he believed that ‘some people who have been in favour of having 16 as the digital age of consent have been grossly denigrated in the debate, which is very unfortunate given that we are talking about some of the most important scientists in the country, for example’.

Mr Byrne dismissed concerns that setting the digital age of consent at 16 would prevent children from getting access to services online, such as counselling.

‘The GDPR requirement for parental consent for processing [data] does not apply to preventative or counselling services, so the concerns that have been raised by some, in terms of whether children will be able to get access to services they need in that regard, is not an issue,’ he said.

Independent TD Mattie McGrath spoke in favour of 16 and said he had recently attended ‘an excellent briefing’ by Dr Aiken and Prof O’Sullivan on the matter. He spoke about an email they had sent out to clarify some of the facts about this issue after ‘very unfair allegations were put in the public domain by opponents of these people’.

Several children’s rights organisations expressed dismay at yesterday’s result. ISPCC CEO Grainia Long said ‘the majority of TDs... made a decision to put in place a system that is unworkable for children and young people’.

Barnardos CEO Fergus Finlay, said: ‘Children can be groomed online for sexual abuse. Commercial companies sell and exploit the digital footprint of children.

‘None of these issues will be addressed by setting the digital age of consent at 16.’

Children’s Rights Alliance CEO Tanya Ward said: ‘It is imperative that a Digital Safety Commissioner is now put in place, with statutory powers.’

And SpunOut.ie executive director Ian Power said yesterday’s decision ‘will ultimately make it harder for us to protect children from inappropriate content and targeted marketing’.

‘Has to be a balance struck’