Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

Gabhaim buíochas leis an Seanadóir as na leasuithe sin. I agree with the sentiment of many of the Senator's amendments but I want to put the Bill in context. It is important that the Bill is robust enough, not only to control items that are being used in a dual-use capacity but also to ensure that emerging technologies such as artificial intelligence and quantum commuting are controlled, especially if they are to be used for nefarious purposes.

In order to provide regulatory transparency and consistency and to be responsive to such emerging technologies, export controls are implemented using a list-based approach. In other words, the items subject to control are specified in precise and technical terms in published lists. The main list for controlling dual-use items in the EU is annex 1 of the dual-use regulation. These lists are updated regularly by technical experts who are working in the multilateral non-proliferation regimes. They include the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies; the Missile Technology Control Regime; the Nuclear Suppliers Group; and the Australia Group. My concern is that to include specific references to a particular technology such as automated means in the body of the Bill would be contrary to the list-based approach and may have an unintentional consequence of limiting the scope of the Bill to control emerging technologies that we may not know about today. Both dual-use items and military equipment will be subject to export licensing requirements, whether they incorporate automated means or not. In addition to controls on listed items, there is scope within the Bill to control both specific exports and specific non-listed items in certain circumstances.

We are doing a lot of work, separate from this Bill, on AI and regulation of same, and that is something I would like to come back and discuss with the Seanad at some stage soon. I cannot accept these amendments. My concern is that in putting this definition into legislation we would make it harder to keep the Bill up to date and up to speed with the technology that is changing so quickly, whereas the list-based approach, which this Bill endorses, can be used much more quickly in the face of rapidly advancing technology.