Lynn Ruane (Independent) | Oireachtas source

I move amendment No.14:

In page 25, line 8, after “decision” where it secondly occurs to insert the following: “, if An Coimisiún can reasonably conclude that the decision ensures compliance with the Digital Services Regulation”.

Amendments Nos. 14 and 15 propose a reasonable belief test which must be met before an coimisiún adopts its own decision instead of opening a new investigation. Amendment No. 14 says that an coimisiún must be able to reasonably conclude that its original decision ensures compliance with the regulation, while amendment No. 15 would require an coimisiún to reasonably conclude that a new investigation would not result in improved compliance.Amendments Nos. 16 and 17 propose imposing stronger requirements in this respect. These amendments propose that in order for an coimisiún to disregard a disagreement from the European Commission and to decide not to reopen an investigation and then to adopt its original decision as the final decision, that it would first have to publish a written rationale which reasonably demonstrates either that the original decision ensures compliance with the regulation or that a new investigation would not improve compliance.

Amendments Nos. 18 and 19 propose the same mechanism of a written rationale, as is proposed in amendments Nos.16 and 17, but in this case, the requirement for a written rationale would only apply to decisions that relate to providers of VLOPs or VLOSEs. This, again, would be in keeping with the spirit of the regulation, and ensure that very large platforms are subject to a much higher level of scrutiny.

Amendments Nos. 45 to 50 mirror amendments Nos. 14 to 19, inclusive. The difference is that amendments Nos. 14 to 15 apply to decisions of the CCPC rather than an coimisiún where those decisions relate to the Digital Services Act. Again, these amendments seek to impose a test that must be met by the commission before it can set aside a disagreement from the European Commission and choose not to reopen an investigation in contravention of the digital services regulation.

The reason amendments Nos. 14 to 19, inclusive, and 45 to 50, inclusive, are proposed and were raised in our remarks about amendment No. 13 also, is it is regrettable that Ireland's DPC has acquired an international reputation as a soft-touch regulator. It is further regrettable that Europe has had to routinely intervene to instruct Ireland to take stronger decisions and impose higher sanctions. It is crucial that we avoid a repeat of such a scenario with an coimisiún and the CCPC. Amendments Nos. 14 to 19, inclusive, would ensure that an coimisiún would have to justify itself in a tangible way and meet a specific test before it disregards any opinions or disagreements with its decisions that are expressed at a European level by the board or the commission. This would safeguard against any systematic under-regulation and would ensure that an coimisiún would have to meet the high regulatory standards of the regulation, as expected by the other European authorities. Any failure to do so would have to be justified and meet this clear test. For this reason, we urge the Minister to consider accepting some version of this test, as set out in our amendments Nos. 14 to 19, inclusive, and 45 to 50, inclusive.