Seanad debates

Thursday, 28 April 2022

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

 

10:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 35:

In page 22, between lines 6 and 7, to insert the following: “(2A) One member of the Commission, who shall not be the chairperson, shall be known as an Online Safety Commissioner.”.

We discussed this earlier. This relates to the core premise, the online safety commissioner. When articles appear in newspapers, they only cover five sentences from this Bill. The only thing they refer to is an online safety commissioner. That is one of the key expectations, hopes and promises that has been made in respect of this legislation. As we discussed the last day, the concern is that there is no actual provision for an online safety commissioner. That role is central to this legislation and to the meaning of this legislation. For those of us unhappy with other aspects of the legislation in weighing up our support for it, it is really crucial that the online safety commissioner is contained in the Bill before it goes on to the Dáil because otherwise we would all be very aware that we were sending on a Bill with an acknowledged gap - something that needs to be there. The two aspects we highlighted previously were the individual complaints mechanism and the online safety commissioner in that regard.

Another amendment to this section was ruled out of order but it relates very closely to the idea of the online safety commissioner. In a constructive way, we tried to set out a little bit of what the role of an online safety commissioner might be. Senator Ruane might speak somewhat more to this because she took the lead on it. It sets out how an online safety commissioner could engage or play a role in the regulatory framework set out in the legislation.

My amendments are profoundly modest, possibly excessively so in that regard. I simply state that we should just at least name one. We are not empowered to insert in the Bill that there should be resources in this area but I think the Minister knows that there must be resources for online safety and an online safety commissioner. I hope she will introduce amendments to that effect. However, what we can do and what the Minister can do is to at least give the commitment that of these six commissioners, at least one will be an online safety commissioner. That seems to be a very clear first step.

The Bill provides for six members and for one to have a particular role as chair. It would be appropriate at that juncture to also indicate that another of these commissioners will play a particular role as being the online safety commissioner. Of course, arguments could be made to have more than one in that respect. Indeed, arguments can be made for having more than six people on the commission, but that may be a separate day's discussion. The public need to see that an online safety commissioner is part of the fundamental starting structure. I know the Minister is working on proposals on how that will work, including the resources and how the online safety commissioner will lead on various of the functions assigned.

I will shortly hand over to my colleague, Senator Ruane. She set out some of the thoughts we have for how an online safety commissioner might operate. The crucial point relating to amendments Nos. 35 and 36 is to give the guarantee that there will be an online safety commissioner.

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