Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I thank the Acting Chairperson. With regard to the queries of Senator Kyne, it relates to the period. It is either the period set by the commission or the three months prior to the last date for an election. I think that explains it. It is restricted to an electoral period as the electoral commission is regulating it. It relates specifically to the electoral period of which the commission will have oversight.

Senator Ruane asked a lot of questions. I will give a general overview in terms of the election integrity provisions in the Bill. She referred to the Online Safety and Media Regulation Bill 2022. There is an overlap with that Bill. There is an overlap between the new Part 5 element of this Bill and the Online Safety and Media Regulation Bill in terms of protecting the processes. The Attorney General has given careful consideration to this in the course of the drafting of the Bill and is happy that the proposals align with the initiative set out at EU level.

As regards the general process and the points made by Senator Ruane in respect of a lack of public consultation, the Minister announced the intention to bring forward these amendments to the Bill. It was published on 30 March and the proposals in respect of Part 5 were published on 10 June. Engagement took place in April and May with the online platforms regarding these proposals.

On the issue of freedom of expression, the proposals provide specific protections in respect of the protection of freedom of expression. In considering the exercise of its powers, the commission must give due weight to the right to free speech. That is an important element of the proposals. In addition, an extensive appeals process is being put in place. For the avoidance of doubt, the provisions provide clarity that judicial review proceedings can be taken. The Attorney General has been at the forefront of providing advice in respect of the provisions. Recommendation No. 39 that came forward from pre-legislative scrutiny specifically called for measures to be included in the Bill along the lines of what we are proposing here in Part 5.

In the context of providing further robustness, it is important to acknowledge that an advisory board will be established, along with a stakeholder council. This is an ongoing and iterative process. It is important. It will take time to get it right. It is not perfect by any means but we are putting in place the correct measures to ensure there is considered input from the public and civil society. I hope that answers those questions.

As regards Senator Moynihan's query, as the Acting Chairperson outlined, the electoral commission will be dealt with in the context of section 6 and the amendments thereto. The electoral commission will carry out the constituency review when it is established. We anticipate it will be established quickly once the legislation is passed.