Ms Rebecca Keatinge:

More broadly on the guidelines, we welcome the values-based framework proposed for assessing the use of AI in the public sector. However, our overarching concern is that there is already an existing framework for conducting a fundamental rights-based assessment, namely, the public sector equality and human rights duty, a statutory obligation under section 42 of our founding legislation. It is very regrettable that this is not reflected. We are at an early stage of engagement with the Department, and we have just written to it seeking a meeting to discuss that gap. We hope to engage with it positively on that.

On the broader point of the guidelines, I am aware that in this committee’s previous hearings the issue around consultation and stakeholder engagement has come up. It is light touch on that, and it is light touch on how that is effected. There was a very cogent discussion about the need for co-design in the whole life cycle of the use of AI, and that strand really does not come out.

Under the EU AI Act, the fundamental rights impact assessment applies for high-risk AI, but that in fact relates to a narrow strand of the use of AI within the State as it will pan out. There are a number of exceptions under Article 6 with respect to that usage. The guidelines therefore take on new import in that wider context, so the State does need to step in. Another concern is that they are neither mandatory nor required, whereas the statutory duty under section 42 is.