Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

Amendment No. 14 is grouped with amendments Nos. 15 to 19, inclusive, and 45 to 50, inclusive. As all of these amendments relate to the making of a final decision either by Coimisiún na Meán or the CPCC following a request for a matter to be reviewed, as received from the European Commission under Article 59(3) of the digital services regulation. As it stands, the Bill provides for a review of the matter and that Coimisiún na Meán may adopt its initial decision as its final decision. It may initiate a new investigation or it may take any other necessary steps to ensure compliance with the DSR.

Amendments Nos. 14 to 19, inclusive, propose that provisions be included so that Coimisiún na Meán can adopt its initial decision as its final decision under certain conditions. Amendment No. 14 proposes the condition that Coimisiún na Meán can reasonably conclude that the decision ensures compliance with the DSR. It supersedes amendments Nos. 16 and 18. It proposes a condition that where a decision relates to VLOPs or VLOSEs, Coimisiún na Meán can publish a written rationale which reasonably demonstrates that the decision ensures compliance with the DSR. For Coimisiún na Meán to adopt its initial decision as its final decision, it must satisfy itself that in finalising its decision, all necessary investigatory and enforcement measures required to ensure compliance with the DSR has been taken and that Coimisiún na Meán has taken utmost account of the views and requests for review by the European Commission. These requirements flow directly from Article 59(3) of the DSR and therefore there is no need to reproduce them in this Bill. If Coimisiún na Meán is satisfied that no further action is required on its part to meet the requirement of Article 59(3), it may adopt its initial decision as its final decision.Amendment No. 15 proposes the condition that Coimisiún na Meán may adopt its initial decision as its final decision if it can reasonably conclude that a new investigation would not result in improved compliance with the DSR. Again, I cannot accept this amendment. Article 59(3) imposes obligations on Coimisiún na Meán. It must be satisfied that it has met all of these obligations before it can adopt the initial decision as a final decision. It cannot be limited to the specific condition as proposed in amendment No. 15.

Amendment No. 19 supersedes amendment No. 17. Amendment No. 19 proposes a condition in the case where the decision relates to VLOPs or VLOSEs. Coimisiún na Meán can publish a written rationale that reasonably demonstrates that a new investigation would not strengthen compliance with the DSR. Again, I cannot accept this amendment because Article 59.3 imposes obligations on Coimisiún na Meán. It must be satisfied that it has met all of these obligations before it can adopt the initial decision as a final decision. It cannot be limited to the specific condition as proposed in amendment No. 19.

Article 59(3) has direct effect. It requires Coimisiún na Meán to communicate to the European Commission the measures it has taken in response to a request from the European Commission to review a matter. In the case that Coimisiún na Meán adopts or intends to adopt its initial decision as its final decision then the type of information it is likely to include in this communication will relate to the methodology and finding of its review, its consideration of the European Commission's views, how it has demonstrated compliance with the DSR, the reasons that it did not take further measures, including opening a new investigation, and why it is maintaining its initial decision as its final decision. As such, the written rationale called for under amendments Nos. 18 and 19 are already provided for by Article 59(3) of the DSR, albeit that it is not limited to the case of decisions related to the VLOPs or VLOSEs.

Amendments Nos. 45 to 50, inclusive, mirror amendments Nos. 14 to 19, inclusive, as discussed by the Senator, except that they reply to the CCPC. I oppose these amendments also for the same reasons as provided for in the case of Coimisiún na Meán.