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Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: It is also important to mention that the Irish Human Rights and Equality Commission and the Children's Rights Alliance and its many member organisations have been really clear on the importance of this. Amendment No. 41 proposed by Senators Malcolm Byrne and Cassells and supported by Senator Carrigy is actually worded really well and is possibly better than our own amendment. If the...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: I am happy to withdraw our amendments in that context. I thank the Minister for indicating her intentions. We can get into the detail later but it is so important that in this House a clear signal is sent that this is going to be a clear responsibility and function. A point that was very well made by Senator Malcolm Byrne, which I would urge the Minister to bear in mind when crafting her...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: I move amendment No. 36: In page 22, line 7, after “chairperson” to insert “, the Online Safety Commissioner”.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: I am not going to add very much because my colleague has put the case very clearly. These amendments build on the core purpose of the audiovisual media services directive, which is the starting point for this legislation. As we discussed previously, that is not simply about protective, performative or managerial functions but also about a proactive role in the promotion of equality of...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: On amendments Nos. 39 and 40, there is a Public Appointments Service but, as the Minister mentioned, it draws from the civil and public service code. The concern is that is often for generalists, it is focused on a high-calibre person, and a person who has probity, is trustworthy and moves between roles but what is needed here is expertise. There is quite a bit of precedent for setting out...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: I move amendment No. 39: In page 22, between lines 9 and 10, to insert the following: “(3A) In performing their functions under subsection (3), the Public Appointments Service and the Minister shall seek to ensure that the Commission has an appropriate balance of knowledge of, and expertise in the following: (a) arts and culture; (b) data protection and digital empowerment; (c)...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: I move amendment No. 40: In page 22, between lines 9 and 10, to insert the following: “(3A) In performing their functions under subsection (3), the Public Appointments Service and the Minister shall have due regard to obligations under section 42 of the Irish Human Rights and Equality Commission Act 2014 and the United Nations Convention on the Rights of Persons with...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: I move amendment No. 42: In page 23, between lines 3 and 4, to insert the following: “(ba) the Commissioner has breached section 37 of this Act,”. This relates to the declaration of interests. The amendment provides that one of the grounds on which a commissioner may be removed from office would be if he or she had breached section 37 of the Act. Section 37 relates to...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: It is clear that the basic architecture is there, and I accept that the declaration of interests indicates that action may be taken, but there is a very different level of seriousness in respect of these measures in terms of removal. It is not enough to simply say there may be provision that appropriate action may be taken. Again, we must bear in mind that many of these actors will...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: I move amendment No. 43: In page 23, line 38, after “Oireachtas” to insert “and the Joint Oireachtas Committee on Tourism, Culture, Arts, Sport and Media”. Where the Minister has decided to remove a commissioner from office, as well as laying before the Houses of the Oireachtas a statement on the decision and the reasons for it, and given that so many documents...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: I appreciate that the statement may be laid before the Houses. Perhaps what Senator Carrigy said that rather than the laying of a statement in front of the committee, simply a notification to the Chair of the committee that such a statement has been laid, might suffice. I will not press the amendment at this point. However, as the Minister said, there is quite a seriousness and a gravity...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: This provision comes through so much legislation and it probably merits a general examination because it has come through as a concern repeatedly. We know the phenomenon where many people are leaving their roles in local authorities. We also know the wages for those on local authorities are not enough that people can continue in their role. People have to choose between progression in...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: I move amendment No. 45: In page 24, between lines 13 and 14, to insert the following: “(ha) is found to have breached section 37 of this Act,”.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: The amendment builds on the concern that this regulator will be under significant scrutiny. It will have an incredibly important role in the State, Europe and internationally. These provisions are borrowed from other areas. There is a concern here. I am struck by the figure of €13,000 because I think it has been regarded as a tiny figure. However, it is a significant figure for...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: Senator Byrne makes a fair point in relation to the gifts. It is quite a low amount and it is often very hard to determine the value of something that one is given and it might create an unnecessary concern as to whether an ornamental paperclip is worth-----

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: Exactly, and I take that on board. It is a fair point. The issue on shares is important, though, especially in some of the more fast-moving providers. How many times have these companies split? How many times have the value of shares changed, with companies splitting four, five or six times? That question of what gets boosted in its potential, or the early actor, is a concern. We should...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: This came up in the climate Bill and the change was made in respect of that Bill. There is capacity to take on board persons who are not part of the commission for consultation. It is important that those persons on a sub-committee who may not go through the rigorous process commissioners go through also make a declaration of interest. This is so someone with strong interests in a...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (26 Apr 2022)

Alice-Mary Higgins: First, on the general points, the Minister will see there are really strong feelings across this House with regard to this Bill. It is a little bit unfortunate that it is coming slightly prematurely when we had the digital services directive pretty much agreed yesterday. We know there are major areas of policy on which the expert group has not come back and, of course, it is a concern that...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (26 Apr 2022)

Alice-Mary Higgins: I have two really quick points. The Minister mentioned the online safety commissioner but, of course, there is not an online safety commissioner in the Bill as it stands. Again, that is the headline. That is what everybody goes out with. That is why we are being told we need to pass it. However, it is not there. I just need to be very clear. There should be, and will have to be, an...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (26 Apr 2022)

Alice-Mary Higgins: I have a one-liner comment because, in fact, we did not actually speak to it yet, but we will come to it in a minute. In terms of the differences in advertising, one of the concerns is some of the things that are pushed out are included in this, even when looking at what has and has not been covered. The religious issue is included in this section, the way we discussed it in terms of...

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