Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 205:

In page 107, between lines 2 and 3, to insert the following:

“(5) Where a judicial review is taken in respect of a decision made by the Commission under this section, the decision of the Commission shall stand pending the outcome of such a judicial review.”.

The amendment seeks to find the balance between the right to take judicial review, which I believe is fundamentally important, and ensuring there is no perverse incentive that would create a chill effect on the commission, whereby decisions might be influenced by the fear of a lengthy legal process or there may be an incentive for a lengthy legal process during which time the decision would not have effect. Considering some of the decisions of the commission will relate to areas where online harm is determined to be taking place, it is important that during the judicial review period the commission's decision would stand, for example, if the commission made a decision on the removal of material considered to be causing online harm. This is the precautionary principle. The avoidance of harm should take precedence during the period of consideration.