Oireachtas Joint and Select Committees

Tuesday, 28 November 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

Local and European Elections 2024 and Subsequent General Election: Discussion

Mr. Barry Ryan:

Following the notification and the detailed opinion that was issued by the Commission on Part 4, we engaged with it. To break it down, there were two main issues in its detailed opinion in respect of Part 4. The Deputy is right. It was around those thresholds that existed in the e-commerce directive. National legislation clearly has to comply with European law. In this case, the e-commerce directive. One of the issues was that the Commission was arguing that we were imposing a general monitoring obligation upon online platforms that would run counter to the provisions in the e-commerce directive. The second issue was that in the context of the e-commerce directive, we were imposing a threshold of reasonable grounds in the legislative provision we had in Part 4. That is where our focus was in the discussions with the Commission in respect of the very specific issues with Part 4 vis-à-visthe e-commerce directive.

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