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Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (25 May 2022)

Alice-Mary Higgins: I move amendment No. 133: In page 55, line 18, to delete “3 years” and substitute “1 year” Amendments No. 133 relates to ensuring that the commission would prepare a report for the Minister on the operation of media service rules in the form or manner the Minister specifies. I hope that form or manner would include consideration such as the public duty on...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (25 May 2022)

Alice-Mary Higgins: I accept the Minister's point in respect of the three years if that is specified in the audiovisual media services directive, but I believe it is important that there is engagement from her, as Minister, within her time in office. This is a substantial set of new provisions. While I am happy to accept the proposal in the audiovisual media services directive in respect of three years rather...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (25 May 2022)

Alice-Mary Higgins: I will withdraw the amendment and reserve the right to reintroduce it on Report Stage.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (25 May 2022)

Alice-Mary Higgins: I move amendment No. 135: In page 56, line 20, after “available” to insert “, both online, on an accessible website, and physically, in a public place,”. I will withdraw the amendment and reserve the right to reintroduce it on Report Stage.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (25 May 2022)

Alice-Mary Higgins: I move amendment No. 136: In page 56, line 21, after “person” to insert “for a minimum period of 30 days”.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (25 May 2022)

Alice-Mary Higgins: I move amendment No. 137: In page 56, line 24, after “purpose” to insert “, which shall not be less than 30 days”.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (25 May 2022)

Alice-Mary Higgins: I move amendment No. 138: In page 56, line 26, after “State,” to insert the following: “in the first instance at least four weeks prior to the period designated by the Commission under subsection (2),”.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (25 May 2022)

Alice-Mary Higgins: I move amendment No. 139: In page 57, line 9, after “fit” to insert “and at least every two years”. I will withdraw the amendment and reserve the right to reintroduce it on Report Stage.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (25 May 2022)

Alice-Mary Higgins: Briefly, on the section, I wish to highlight three issues with intention for discussion on Report Stage. I spoke on the consultation periods, but I also believe there should be more regular reviews of the media service codes. I will be bringing amendments requiring that media service codes would be reviewed on a regular basis in order we do not have, for example, imbedded poor practices...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (25 May 2022)

Alice-Mary Higgins: I move amendment No. 140: In page 58, line 20, to delete “earlier or earliest” and substitute “later or latest”. Amendment No. 140 seeks to ensure that when a person is making a complaint about two or more unrelated broadcasts, they are only limited by the date of the latest broadcast, not the earliest one. This is to ensure that complainants can seek to end...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (25 May 2022)

Alice-Mary Higgins: In other parts, we talk about the fact of the impact. There may be a short video that very few people saw and was not very highly viewed. It is an unfortunate and sometimes very unfair practice where there is a lot of trawling of people’s pasts, finding something and then using it in a negative way to try to use it and frame it against them or, indeed, to frame it in a different...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (25 May 2022)

Alice-Mary Higgins: I move amendment No. 141: In page 59, lines 6 and 7, to delete “as soon as practicable” and substitute “within 30 days”. The amendment ensures that when a complaint about a broadcast has been dismissed, the complainant is notified "within 30 days". The amendment seeks to ensure that we do not see situations whereby complainants are left waiting for months to...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (25 May 2022)

Alice-Mary Higgins: I thank Senator Carrigy for his support. I am happy that the Minister accepts the principle behind the amendment whereby if a complaint is dismissed that the complainant knows that and is not left waiting. Perhaps we could have an approach that simply mirrors the provisions where there is a different outcome to a complaint. That may be a way of addressing this matter as well. It is in...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (25 May 2022)

Alice-Mary Higgins: I wish to speak to an issue that has been ruled out of order but I will endeavour to bring back the issue in another manner. Amendment No. 144, which was proposed by my colleague and I, sought to ensure that not just harmful content but harmful conduct would be addressed. I have had some constructive engagement with the Minister's officials on this matter. There is potential for harmful...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: We had an initial discussion on this in which I highlighted my concerns regarding amendment No. 23. I said that while I knew there were concerns within the specifics of the proposal put forward by Sinn Féin colleagues, I explained the understanding and reason people have for not wanting it to be limited, but wanting to name many forms of personal data. It is from a long record of a...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: Is the Minister confident about the conflict I identified previously whereby somebody would have the right to make a data subject access request under Article 15 when seeking information about who may have made inquiries about them? Is he sure there is no danger of a clash or curtailment in that regard?

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: I apologise if I am delaying matters but we will not have the chance to clarify this in the same way on Report Stage. If somebody is to make a data subject access request on information and they seek information on who has made inquiries into them during a period of time when they were a child in an institution, is it the case that the provisions of this legislation would not in any way...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: We may as well move on to the other sections but it is not really about whether article 15 will be limited. The question is whether there will be a danger of article 15 being interpreted in relation to this Act, which is slightly different. There is an article 15 process but you do not want an article 15 process which does not look to each data subject access request but in fact looks to a...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: I move amendment No. 24: In page 12, line 21, to delete “Regulation;” and substitute the following: “Regulation. For the avoidance of doubt, personal data as defined under the Regulation includes, in relation to a relevant person under this Act, all records relating to the adoption or informal care arrangement of a relevant person, regardless of whether that data is...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: I move amendment No. 25: In page 13, line 14, after “incorrect” to insert “or illegal”.

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