Independent TD Carol Nolan has said she will move decisively in the early days of the new Dáil term to introduce the Child Trafficking and Pornography (Amendment) Bill 2026, with the legislation to be formally tabled no later than 1 October.
She said the Bill, which she has worked on in lengthy collaboration with the Office of Parliamentary Legal Advisors (OPLA), is a necessary and carefully‑constructed strengthening of the State’s response to child sexual exploitation, drafted within the limits of what is currently constitutionally and legislatively possible.
Deputy Nolan said that while she would have preferred to adopt a significantly harsher approach, including stronger mandatory sentencing provisions and wider restrictions on offenders, the detailed legal advice she received made clear that certain measures would not withstand constitutional scrutiny or would conflict with existing statutory frameworks.
She said the Bill therefore reflects “the strongest set of reforms that can be advanced at this time without risking legal challenge or legislative invalidation.”
Nolan confirmed that the Bill will amend section 6 of the Child Trafficking and Pornography Act 1998 to introduce a presumptive mandatory minimum sentence of two years’ imprisonment for possession of child pornography.
A court may impose a lesser sentence only where exceptional and specific circumstances warrant it.
The amendment also identifies two matters that must be treated as aggravating factors in sentencing, ensuring that the gravity of certain behaviours is explicitly recognised.
She said the Bill will also amend section 23 of the Judicial Council Act 2019 to require the Sentencing Guidelines and Information Committee to prepare sentencing guidelines for the offence of possession of child pornography, and to include in the Judicial Council’s annual report a dedicated section outlining the sentences imposed. Nolan said “this will improve transparency, consistency and public confidence in how courts deal with these offences.”
A further amendment to section 33 of the Sex Offenders Act 2001 will increase the maximum term of imprisonment for failing, without reasonable cause, to comply with supervised period conditions from 12 months to two years. Nolan said this change is essential to ensure that breaches of supervision orders carry consequences that reflect the risk posed by offenders who disregard conditions designed to protect the public.
Deputy Nolan also stated that she is “fully committed to replacing the outdated statutory term “child pornography” with “child sexual abuse material”, in line with the Government’s general scheme already signalled publicly”. She said her Bill had to be drafted using the existing terminology because the broader legislative change has not yet been enacted, but that she will “strongly support the move to more accurate and victim‑centred language.”
The Offaly TD said she expects broad cross‑party support for the Bill and will be urging Government to prioritise its progression.
She concluded by saying that “the early weeks of the new Dáil term must be marked by a renewed determination to confront child sexual exploitation in all its forms,” and that her legislation demonstrates “how far the Oireachtas can go, and must go, within constitutional boundaries to protect children.”