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

Dara Calleary: I move amendment No. 8: In page 14, between lines 13 and 14, to insert the following: "Notice of communication under Article 58(5) 17.The Principal Act is amended by the insertion of the following section after section 139ZJ: "139ZJA. Where, at any time after the commencement of an investigation pursuant to a direction under section 139ZI(1), the Commission makes a communication under...

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

Dara Calleary: We will check that. We are trying to tidy it up somewhere else. We will come back to the Deputy before the end of the meeting.

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

Dara Calleary: We will work to provide a flow chart, although it may not be in graphic form. This is a complex matter. With other legislation in this space, there has been frustration that national co-ordinators have taken a national flag. This provision is about checks and balances to ensure that every possible point is checked. I am reluctant to include specific timelines in primary legislation....

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

Dara Calleary: Yes. We will try to make it as accessible as possible. It is all about checks and balances and ensuring that the whole process is as robust as possible and that the parties involved are protected. I am conscious that this team of people are working hard, but we will try to get a guide for the committee.

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

Dara Calleary: I move amendment No. 9: In page 20, line 6, to delete “and”.

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

Dara Calleary: I move amendment No. 10: In page 20, line 8, to delete “paragraph” where it firstly occurs and substitute “paragraphs”.

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

Dara Calleary: I move amendment No. 11: In page 20, to delete line 14 and substitute “authority, and”.

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

Dara Calleary: I move amendment No. 12: In page 20, between lines 14 and 15, to insert the following: “(g) any views communicated by the European Commission under Article 59(3).”,”.

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

Dara Calleary: I move amendment No. 13: In page 20, to delete lines 21 to 24 and substitute the following: “ “(7A) This subsection applies, in the case of a report under this section, to— (a) any views communicated by the European Commission under Article 59(3) in relation to the matter to which the report relates, and (b) any views of Member State Digital Services...

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

Dara Calleary: I move amendment No. 14: In page 20, between lines 32 and 33, to insert the following: “Information about decision process following joint investigation to which Article 60 applies 21.The Principal Act is amended by the insertion of the following section after section 139ZM: “139ZMA. In the case of an investigation pursuant to a direction under section 139ZI(1) which is a...

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

Dara Calleary: I move amendment No. 15: In page 21, between lines 31 and 32, to insert the following: “(e) by the insertion of the following subsections after subsection (6): “(6A) Where, after the authorised officer has complied with subsections (6) and (7) of section 139ZM, the European Commission under Article 59(3) communicates its views and requests the matter to be reviewed,...

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

Dara Calleary: I move amendment No. 16: In page 22, between lines 21 and 22, to insert the following: “Decision following joint investigation to which Article 60 applies 25.The Principal Act is amended by the insertion of the following section after section 139ZS: “139ZSA.(1) A decision under section 139ZS, where the report referred to in subsection (1) of that section relates to a...

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

Dara Calleary: I thank the Deputy for submitting this amendment. My reading of it is that it seeks to amend the Bill in order that Coimisiún na Meán must publish decisions about contraventions carried out by an individual as well as by providers. In the Broadcasting Act 2009, as amended, following an investigation into a contravention by a provider, Coimisiún na Meán must publish its...

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

Dara Calleary: Yes.

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

Dara Calleary: It is our intention that the entity be the focus. We have to keep the focus on the entity. My concern is that anything else would be a distraction from that focus.

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

Dara Calleary: That is a particular concern in this case.

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

Dara Calleary: I see where the Deputy is coming from in terms of consistency, but in this case, keeping the focus on the entity is the main intent.

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

Dara Calleary: I move amendment 18: In page 22, to delete lines 31 to 33.

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

Dara Calleary: I move amendment No. 19: In page 23, to delete lines 3 to 7.

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

Dara Calleary: I move amendment No. 20: In page 23, line 14, to delete “and”. The substantial amendments in this group are amendments Nos. 22 and 59. Amendment No. 22 relates to section 139ZU of the Broadcasting Act 2009, as amended. This section provides that where Coimisiún na Meán has made a decision to impose a financial sanction on a person, the person may make a...

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