Dáil debates

Wednesday, 24 January 2024

Digital Services Bill 2023: Report and Final Stages

 

5:25 pm

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

I move amendment No. 4:

In page 38, between lines 9 and 10, to insert the following: “(3A) A recognised trade union who applies for vetted research status under Article 40(8), shall be deemed to be an application under subsection (1) pursuant to a public interest mission recognised by a Member State under Article 2(1), of Directive (EU) 2019/790.”.

The Minister of State and I spoke at length on this point on Committee Stage so I appreciate that, in the words of Yogi Berra, "It's déjà vuall over again". However, these are important points. They are certainly things we feel very strongly about and I wanted to use my time to discuss them.

Article 40(8) of the EU Digital Services Act provides for the digital services co-ordinator to establish and grant researchers the status of vetted researchers for very specific research. The criteria for those who are to be considered for approval as vetted researchers are laid down in paragraphs (a) to (g) of Article 40(8). I have tabled this amendment to ensure that applications from a recognised trade union or an NGO for approval as a vetted researcher will be considered. This should be facilitated under Article 2.1 of Directive (EU) 2019/790 which relates to research organisations and entities, the primary goal of which is to conduct scientific research or to carry out educational activities involving the conduct of scientific research pursuant to a public interest mission recognised by a member state. I feel that the directive is not clear enough in this regard. It might be the case that it is implied - I know that was the conversation we had - but I would be grateful for clarity and for that to be put on the Dáil record.

I do not want to put words in anyone’s mouth, and certainly not in the Minister of State’s mouth, but I think there was a degree of agreement between us that it would not be right to exclude trade unions and other vital NGOs. On that basis, I have proposed these amendments. I just have a fear. I know people will say that given my background, I probably would say this anyway, but I am saying it because it is true. I really feel that the trade union movement has a very important role to occupy in this space. I am very conscious of anything that might, however unintentionally, exclude them from that. That is why I have tabled this amendment again.

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