Marie Sherlock (Labour) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit. I thank Fianna Fáil for bringing forward this important motion. As the Minister of State knows, the Oireachtas Joint Committee on Enterprise, Trade and Employment has already published a report on the impact of artificial intelligence within enterprise and workplaces and has issued a set of recommendations. That follows on from a series of campaigns by a number of trade unions, in particular the FSU, calling for a particular focus on how employers are using AI for surveillance, management and recruitment within workplaces. I know that previous speakers said this as well, but one of the glaring omissions from the motion is any reference to AI in the workplace. There is no doubt that AI has a crucial role in many other aspects of Irish society but probably none more so than within the workplace.

While AI is very much here with us and will be for a long time to come, the key issue is how we ensure we sufficiently regulate and understand what we are dealing with here. A Microsoft survey was undertaken earlier this year across 700 workplaces, from which we are given to understand that one in five workplaces in Ireland is using AI tools. That goes way beyond what many people expect with regard to the use of AI within employments in Ireland. So much of the conversation about AI is very negative, and rightly so, and there is a lot to be fearful about, but there is a huge amount of benefit to AI in the workplace, particularly in terms of greater efficiencies, work practices, removal of the tedium of certain processes and ensuring more reward in work output. If it is badly regulated, however, as it is now, or if it is only partially regulated by laws that were never designed to regulate AI in the workplace, we run a very real risk of entrenching workplace inequality and having even greater unfair and discriminatory treatment of certain workers.

It is also important to say, with regard to AI in the workplace, that while we have the typical power dynamic between employees and employers, AI brings a whole new dynamic to it now that there is a third actor in the room, and it is not just about another technology tool in the workplace. AI will go on to play a very important role in mediating the relationship between employers and employees. In that regard it is so crucial we get the regulation of this right. I know other speakers have referred to the AI Act we see winding its way through the EU institutions, and it is very welcome that the EU institutions are finally getting their act together and publishing a directive. I know there was a set of ethical guidelines originally produced and they have been now moved into a place where there is a realisation that there must be legislation, which is very welcome. We are very concerned, however, about some of the detail within that Act, notwithstanding the improvements by the European Parliament brought about in the draft Act. Senator Malcolm Byrne has already referred to the concept of self-regulation, that, effectively, the creators of AI will have to designate the risk level associated with their products. To me, the biggest challenge is understanding ex antewhether a product will have a detrimental impact on a worker. Of course, the interest of any creator of an artificial intelligence product or piece of software is to see the benefit in it as opposed to seeing the damage it could potentially do. That is why it is so crucial we have an independent agency regulating artificial intelligence across a whole range of spheres, like what we have in terms of regulating competition in this country or with regard to many of the other regulated sectors. AI has to be seen in that realm.

As to what we can do in Ireland, I have a particular concern that there is an element of the Government sitting back and waiting for the AI Act. I see Senator Malcolm Byrne shaking his head, and that is fine. I am willing to hear what he has to say. From our perspective, however, there is a sense that the AI Act will deliver what is needed. A lot can be done in the interim to ensure we have our health and safety legislation and our employment legislation brought up to standard.

Typically, the retention of data by employers relates to personal information but, of course, that data will now be used in very different ways with regard to management, recruitment and surveillance. There has to be an onus on employers to ensure that they retain accurate data and that workers cannot be sacked for inaccurate data, which effectively is governing, managing or overseeing the work taking place within a workplace.

Similarly, as regards the right to information, the Labour Party brought forward a Bill back in 2021 to stamp out bogus self-employment in this country. We know bogus self-employment happens across many sectors, but we see the emergence now of the gig economy and, in particular, bogus self-employment being the business model, so to speak, within that economy, in particular for the delivery sector, including Deliveroo riders and couriers. Many of them effectively work to an app. There is a key issue now that we can, as a member state of the European Union, move ahead of the AI Act and legislate here to ensure there is right to explanation, a right to information and a right to transparency with regard to the tools in the workplace.