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Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: It is essential to note that this legislation is not guillotined and is being allowed to be continued. That was something the Government agreed to do because there was a request and a perception earlier that this Bill was rushed. It was not a question that it was rushed but it was, quite frankly, that people were speaking too long on the particular amendments. However, it is going to be...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: I am happy, a Chathaoirligh Gníomhach, and I ask that at all Stages during this debate that all speakers stick to the amendments that are before them.

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: What is at the core of all of these amendments is that they are seeking to try to talk about what this legislation is about. At its core, it is about the governance of our higher education system with regard to the functions of an t-údarás. Yes, while many areas are outlined within the amendments, those are issues which are already dealt with substantively within parts of the...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: I hear Senator Ruane interrupting me to speak to the amendments at hand but will she also be happy if I interrupt herself and Senator Higgins when they do not speak to the amendments at hand, which is part of the difficulty?

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: I am quite happy to do that then.

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: I make the point that I have never interrupted any other Senator when they were speaking.

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: The key to a number of these amendments is that they are already covered by significant parts of the legislation and by activity that has already been undertaken by an t-údarás. Many of these amendments are doubling up on areas that are provided for within the legislation and on work that an t-údarás is already doing. As already outlined by me, significant contributions...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: Like other State bodies, An tÚdarás is subject to public procurement rules, which are subject to a transparent process, so this amendment is unnecessary. I know from experience that public procurement rules are quite strict and, in many ways, they can potentially inhibit some actions that one wishes for, because the rules have to be followed strictly. I think this amendment is...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: I want to speak to amendment No. 51, which is a significant amendment in the context of the advocacy role. This is something that I raised and discussed on Committee Stage. It concerns the relationship between the Minister and the Department and the HEA. One of the elements that will be crucial is the memorandum of understanding that will be entered into between the Department and an...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Second Stage (11 Jul 2022)

Malcolm Byrne: I welcome the Minister to the House. General data protection regulation, GDPR, often gets a bad rep but Europe should be rightly proud of the fact that we place a great emphasis on data protection and data privacy. I do not think anybody intended when GDPR was being designed that we would have seen a case like the Dwyer case where, essentially, the data privacy protection regimes would be...

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Malcolm Byrne: I thank the Minister. I hope that we will be able to move through Report and Final Stages a lot more quickly than we moved through Committee Stage as we considered many of these issues in detail during those debates. I put on record our thanks to the Minister and her officials for their engagement not only in this House, but also privately, in seeking to address some of the concerns and...

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Malcolm Byrne: This amendment goes some way towards addressing some of our concerns and ensuring that child safety is at the core of the functions of an coimisiún. I am very happy with the Minister's amendment and will strongly support it. As for our concerns about the right to privacy and reputation, I will not reiterate the point that we raised on Committee Stage but the Minister will be aware that...

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Malcolm Byrne: I move amendment No. 8: In page 18, lines 39 and 40, to delete “and in particular the interests of children, are protected” and substitute “including the rights to privacy and reputation, are protected”.

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Malcolm Byrne: I move amendment No. 9: In page 18, after line 40, to insert the following: “(c) in particular, that the interests and safety of children are protected, and this inform all its policies and practices,”.

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Malcolm Byrne: I move amendment No. 10: In page 19, line 9, after “cultural,” to insert “socio-economic,”.

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Malcolm Byrne: We are happy to withdraw our amendment in light of the Government's amendment that specifically addresses our desire to include the phrase "socio-economic". We think that the Government's amendment, which also makes reference and addresses some of our concerns and makes reference to “linguistic, socio-economic, and gender diversity”, is a stronger amendment, which is welcome.

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Malcolm Byrne: I thank the Minister for these amendments. I certainly endorse the comments of Senator Carrigy. The Minister will also be aware of our Oireachtas committee report, which dealt with the abuse of officials, sportspersons and referees in particular. There is particular reference to the online abuse that is also being experienced. The Minister has included media literacy. There will be a...

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Malcolm Byrne: I echo Senator Cassells's comments. Amendments Nos. 30 and 35 will do a significant amount to address the concerns we raised on Committee Stage. While the lead Departments are obviously involved, it will be important for this media commission to address those key issues, including children's safety, which is why we wanted consultation with the Minister for Children, Equality, Disability,...

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Malcolm Byrne: We discussed these amendments extensively on Committee Stage. We will not move any of them, but they speak to a general point about the exclusion of members of a local authority. From the perspective of the Government, we have raised the point that the continued exclusion of local authority members from a range of roles and boards is not acceptable. We have made that point in the context...

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