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

Alice-Mary Higgins: We have been told there is an issue with the commencement of the Act because of the definition of companies. The policy was accepted by the Seanad and the Minister but there is an issue with the wording of the section. That is why I have suggested this mechanism, which allows for the prohibition of the targeting of minors with commercial communications through online safety codes, as a way...

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

Alice-Mary Higgins: I move amendment No. 109: In page 82, between lines 39 and 40, to insert the following: “(4A) Without prejudice to subsection (2), an online safety code may prohibit content or commercial communications relating to the promotion of gambling.”.

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

Alice-Mary Higgins: I move amendment No. 110: In page 82, between lines 39 and 40, to insert the following: “(4A) Without prejudice to subsection (2), an online safety code may prohibit content or commercial communications relating to the promotion of speculative financial activities likely to pose a significant financial risk to an individual, including the promotion of cryptocurrency trading.”.

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

Alice-Mary Higgins: I move amendment No. 112: In page 82, between lines 39 and 40, to insert the following: “(4A) Without prejudice to subsection (2) an online safety code may prohibit the targeting at minors of content or commercial communications which seek to promote weapons or the sale of weapons.”.

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

Alice-Mary Higgins: I move amendment No. 116: In page 84, between lines 14 and 15, to insert the following: “(5A) Services defined under subsection (5) shall not be deemed to be designated online services until such date as set by the Minister following the transposition into Irish law of the European Digital Services Act.”.

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

Alice-Mary Higgins: In many areas, I have sought to strengthen the provisions of the Bill, but this addresses an area where I believe the Bill may be overreaching. I refer specifically to private messaging and online cloud storage services, which I do not believe constitute audiovisual content as envisaged in the directive. Those areas more properly belong to the digital services directive. There has been...

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

Alice-Mary Higgins: There is all the more reason for concern if we do not have clear guidance because the audiovisual directive does not deal with private messaging services. At one point it was envisaged that the Digital Services Act would deal with such services. If it does not, I worry that we will end up leading the way if we are in a position where interpersonal messaging services are regulated under this...

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

Alice-Mary Higgins: In that context I think it would require-----

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

Alice-Mary Higgins: That is a very significant area and requires a lot more scrutiny.

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

Alice-Mary Higgins: This is an area that requires-----

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

Alice-Mary Higgins: Okay.

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

Alice-Mary Higgins: I thank the Minister for taking our recommendations on board. This will improve the transparency of the operation of the commission.

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

Alice-Mary Higgins: I welcome this amendment, although I still have some concerns about the powers and operation of authorised officers. I have not submitted any Report Stage amendments in that regard but this is an area that could merit further revision in the Dáil. Transparency around the rules for the conduct of authorised officers is a very important step forward and I thank the Minister for that.

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

Alice-Mary Higgins: I move amendment No. 128: In page 117, between lines 23 and 24, to insert the following: “(aa) where the content appears to the Commission to fall within the category of age-inappropriate online content defined in section 139D, requiring the provider to restrict access to the content to persons who have attained the age of 18 years, or”.

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

Alice-Mary Higgins: I think this is the last grouping we will discuss so I want to say I am deeply appreciative of the genuine and sincere engagement of the Minister and her officials. It was thoughtful and constructive. We have met for many, many hours in addition to the many, many hours of debate in the Chamber. I believe the Bill has been strengthened by that. I want to acknowledge the Minister's...

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

Alice-Mary Higgins: Again, I thank the Minister. I will move and withdraw the different amendments in due course.

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

Alice-Mary Higgins: I move amendment No. 135: In page 132, between lines 17 and 18, to insert the following: “(aa) support cultural and social participation and access to programming for users of the Irish Language and Irish Sign Language,”.

Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: I am a little disappointed. We had a good discussion with the officials and I hoped that the Government would table amendments on Report Stage. There had been some recognition that valid issues and concerns were raised. I always prefer if the Government takes matters on board and brings forward its own proposals on issues. Since I do not see Government amendments, I hope it will take on...

Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: I move amendment No. 2: In page 12, between lines 22 and 23, to insert the following: “(5B) A matter concerning interpersonal grievances exclusively affecting the reporting person, as described in subsection (5A), shall constitute a relevant wrongdoing where such interpersonal grievances arise out of the penalisation of a reporting person by virtue of them having made a...

Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: I move amendment No. 3: In page 12, between lines 22 and 23, to insert the following: “(5B) The Minister shall, within 9 months of the passing of this Act, lay draft guidelines clarifying that engagement in a process relating to an interpersonal grievance does not preclude a person from making a protected disclosure.”,”.

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