Malcolm Byrne (Fianna Fail) | Oireachtas source

I appreciate the point the Minister made regarding specific constitutional rights but the corollary is true in that, very specifically in this section, regard is had to the rightful liberty of expression, which is something we believe should be upheld. In the same way we talk about the importance of freedom of expression, that must be balanced by the right of an individual to his or her privacy and reputation. This is the big debate around and will be the challenging job for this commission in the exercise of its powers and functions. This section of the Bill specifically provides for the values enshrined in the Constitution, "especially those relating to rightful liberty of expression". There is no problem with that but we are requesting there is also a balance between an individual's right to privacy and the right to his or her reputation. When the commission is carrying out its powers and functions, it must have regard to both those rights.

Senators Carrigy and Cassells put it very well with regard to amendment No. 12. The Minister is correct that, at its very heart, we want to ensure the online safety of children. That is why this section very specifically deals with the powers and functions of the commission. What is it that will influence the commission's thinking with regard to all of its policies and practices? What are its core guiding principles? That is why we suggest this amendment will strengthen those by providing a very specific section in that regard. We hope that in revising that section the Minister strikes a balance between what could be seen as competing rights and there is a very specific and clear reference to protecting and safeguarding children in all the commission's policies and practices.