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Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 13: In page 20, to delete lines 21 to 24 and substitute the following: “ “(7A) This subsection applies, in the case of a report under this section, to— (a) any views communicated by the European Commission under Article 59(3) in relation to the matter to which the report relates, and (b) any views of Member State Digital Services...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 14: In page 20, between lines 32 and 33, to insert the following: “Information about decision process following joint investigation to which Article 60 applies 21.The Principal Act is amended by the insertion of the following section after section 139ZM: “139ZMA. In the case of an investigation pursuant to a direction under section 139ZI(1) which is a...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 15: In page 21, between lines 31 and 32, to insert the following: “(e) by the insertion of the following subsections after subsection (6): “(6A) Where, after the authorised officer has complied with subsections (6) and (7) of section 139ZM, the European Commission under Article 59(3) communicates its views and requests the matter to be reviewed,...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 16: In page 22, between lines 21 and 22, to insert the following: “Decision following joint investigation to which Article 60 applies 25.The Principal Act is amended by the insertion of the following section after section 139ZS: “139ZSA.(1) A decision under section 139ZS, where the report referred to in subsection (1) of that section relates to a...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I thank the Deputy for submitting this amendment. My reading of it is that it seeks to amend the Bill in order that Coimisiún na Meán must publish decisions about contraventions carried out by an individual as well as by providers. In the Broadcasting Act 2009, as amended, following an investigation into a contravention by a provider, Coimisiún na Meán must publish its...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: Yes.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: It is our intention that the entity be the focus. We have to keep the focus on the entity. My concern is that anything else would be a distraction from that focus.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: That is a particular concern in this case.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I see where the Deputy is coming from in terms of consistency, but in this case, keeping the focus on the entity is the main intent.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment 18: In page 22, to delete lines 31 to 33.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 19: In page 23, to delete lines 3 to 7.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 20: In page 23, line 14, to delete “and”. The substantial amendments in this group are amendments Nos. 22 and 59. Amendment No. 22 relates to section 139ZU of the Broadcasting Act 2009, as amended. This section provides that where Coimisiún na Meán has made a decision to impose a financial sanction on a person, the person may make a...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: We will reflect on that before Report Stage.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 21: In page 23, line 20, to delete “sanction.”.” and substitute “sanction.”, and”.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 23: In page 24, to delete line 32.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 25: In page 24, between lines 33 and 34, to insert the following: “(v) by the insertion of the following paragraph after paragraph (l): “(la) any views communicated by the European Commission under Article 59(3) that are relevant to the amount of the sanction;”,”.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 26: In page 25, between lines 3 and 4, to insert the following: “Amendment of section 139ZX of Principal Act 29. Section 139ZX of the Principal Act is amended— (a) by the deletion of subsection (2), (b) by the substitution, other than in subsection (3), of “inquiry subject” for “provider” in each place where it occurs,and...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: It is not our intention to exclude. Amendment No. 27 relates to applications from recognised trade unions for the status of vetted researchers. It is grouped with amendment No. 28, which has the same intention for applications from non-governmental organisations. Article 40 of the DSA provides that the digital services co-ordinator can grant the status of vetted researcher to an...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: Definitely not.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I certainly hear where the Deputy is coming from. I emphasise that I am not excluding unions or NGOS, but the success of this is predicated on an EU basis. The implementation is harmonised across all member states. We are very limited and cannot really deviate from the actual DSA, which has been passed and is in place. The requirement there is that research is a primary goal of the...

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