Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

I take on board the point that was made about the definition. The value of this process is that it allows for discussion and for the teasing out of those issues. The committee will get a draft, and I repeat to any of the organisations that are here or that are listening in that it would be valuable to hear their views on what the definition should be or any ideas they have about the specific drafting.

The point regarding its future-proofing is important. That is the reason this legislation is largely focused on the principles, procedures, structures and so on rather than necessarily going into specific technologies or forms of communication with respect to defining - as we have to do - what is harmful communication and also in terms of the harm that it does. The legislation will have to be revised at later Stages, as in the case of any legislation, but it outlines the framework and principles well.

Regarding the point on jurisdiction, as I addressed it substantially at the previous committee meeting, I will not go over the full text of what I stated on that occasion. The extra-territorial effect of this Bill is not particularly radical. It is limited to situations where the communication affects an Irish person ordinarily resident in the State and the means of communication used in connection with such harmful communication is within the control of an undertaking or company established under the law of the State or where such harmful communications affect an Irish person ordinarily resident in the State where the means of communication are within the control of an undertaking established under the law of another state and where a court established in this State would have jurisdiction to give notice of service in that respect. This Bill is not particularly out of line with other legislation in place in this jurisdiction in terms of its extra-territorial effect, and I can send the Senator correspondence on that.

Undertakings would have certificates of compliance if they are compliant with sections 4 and 5. It would be desirable for any significant platform undertaking to be seen to be complaint and that users, and particularly parents, would be aware that it was compliant. If an undertaking is based outside this jurisdiction and it wants people in Ireland to use it, it will have to develop standards to reach the level of a certificate of compliance. It would be possible to give notice and to initiate proceedings. Some difficulties probably need to be sorted out but process involved in attaining a certificate of compliance is a value in that regard.