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Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: The Minister of State is speaking about private individuals rather than individuals acting in a professional capacity. Is that the case regardless of whether they are individuals or must they only be tangentially involved?

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: Yes. That makes complete sense.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I thank the Minister of State for his clarification. On that basis, I will withdraw the amendment.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I move amendment No. 27: In page 35, between lines 9 and 10, to insert the following: “(3A) A recognised trade union who apply 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.”. I will discuss...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: Article 40.8 of the EU Digital Services Act provides for the digital services co-ordinator to grant researchers the status of vetted researchers for specific research. The criteria for being considered for approval as a vetted researcher are laid down in paragraphs (a) to (g) of that article. This amendment will ensure applications from a recognised trade union or NGO for approval as a...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: We both want the same thing. I am concerned the existing definition potentially excludes trade unions. The Minister of State is right that not all trade unions carry out education and research but by far the majority do. It is certainly carried out by the umbrella body, the Irish Congress of Trade Unions. My concern is there is an inadvertent potential for trade unions and NGOs to be...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I am just worried that might happen unintentionally because of the way the Bill is worded. Maybe we could go a small bit further. Perhaps my amendments go too far. That is grand. I am content to withdraw them and engage so that we can come up with some wording and assurances. We need to find that balance. It cannot always be on the well-funded corporate side. There does have to be that...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I hear the parameters and I think there is scope to make it explicit in some way. We need to issue an invitation, almost, to entities to become trusted researchers. We want to keep it as broad as possible for relevant and appropriate stakeholders. My concern is that all of the stakeholders are very well organised. It is not that they are taking sides, but perhaps that they are organised...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: -----so much on the other. I think there is scope for us to come to an agreement on the right way to do it.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: Okay.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: The use of that term can be quite problematic.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: There are, but I think there is scope for discussion.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I move amendment No. 28: In page 35, between lines 9 and 10, to insert the following: “(3A) An Non-Government Organisation who apply 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.”.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I move amendment No. 29: In page 35, line 23, after “decision” to insert “and shall publish the reasons for refusal on their website”. The grouped amendments are fairly straightforward. I think it is in the public interest to know who is applying for the status of vetted researcher and trusted flagger. It is important to know who has been approved and who has...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I am not persuaded by that answer. I genuinely do not think that would act as a disincentive. I will withdraw these amendments and consider them. I will likely resubmit them on Report Stage. I see the point the Minister of State is making but it does not strike me that that is going to be an issue. To me, the publication is about maximum transparency. It is also interesting that we would...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I move amendment No. 31: In page 37, between lines 7 and 8, to insert the following: “(2A) The Commission shall ensure the status as a trusted flagger is not awarded to an entity which is partisan and seeks the status as a trusted flagger as means of controlling or influencing content.” I apologise for the use of somewhat inelegant language. The word...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I imagine it was. I was not really apologising to the Minister of State personally. In any case, it is probably not the most elegant word to use but I included it to reinforce the point I am trying to make. The role of the trusted flagger is massively important and it is one of the most important roles outlined in this legislation. At its core, the trusted flagger will ensure a safe,...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: Unsurprisingly, I am not convinced that my concerns are captured within the Bill as it stands, and we will just take that as a given. I have a very serious concern about this and about the potential abuse of the trusted flagger status. Nonetheless, I welcome the wording, some of which goes some way towards assuaging that concern. In terms of an entity that is partisan but respected, I am...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: When the Minister of State says that the digital services co-ordinator can investigate trusted flaggers, how will that be initiated? Could that be off the back of a complaint from a member of the public?

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: Okay. Is it the case then that a member of the public would not be precluded from doing it? Are we leaving it to the digital services co-ordinator to initiate these complaints, or can be they be prompted by a complaint?

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