Malcolm Byrne (Fianna Fail) | Oireachtas source

I am generally quite happy with the proposals for vetted researchers. I agree with Senator Ruane that it is important to get vetted researchers and that they get access. My concern is a more general one. If there is a desire to appeal against a decision of an coimisiún, the only way to do so is through a court challenge. I would prefer for there to be a quicker way. This may be something that could be determined by the regulations or the way in which an coimisiún works but under the legislation, where a vetted researcher applies for access to, let us say, a very large online platform, an coimisiún can make the decision to grant access or not. I feel there must be some form of middle way of appealing that decision, rather than a requirement for a court challenge against the legislation.

My sense is that if we are going to allow appeals for applicants for the status of vetted researcher, we also have to allow them for the platforms. If we allow somebody to apply for, and be granted, the status of vetted researcher, we must also allow a platform the chance to appeal the decision in the same way that an applicant who is refused the status of vetted researcher can appeal. The only reason for my amendment is to allow for equivalence if an appeal mechanism is put in place.

It strikes me that later in the section there are appeals mechanisms around revocation and so on. The reason I have proposed this amendment is to try to make the system simpler. My concern is that somebody who is seeking to become a vetted researcher but is refused that status will look to go to the courts and a platform who is not happy about a person being so designated will go to the courts. Perhaps an official within an coimisiún makes the decision. I would like to see, similar to other areas of Government, an internal review mechanism, such as exists in a social welfare case, where decisions by a deciding officer can be appealed at a higher level. In this case, I am suggesting a designated commissioner should be appointed under Coimisiún na Meán.

I will not necessarily push the amendment but I think the Minister of State understands the point I am trying to make. This section may, certainly in the early days, be somewhat contentious and my concern is that we will see these decisions being challenged. If a quicker appeals mechanism is set up, it may be of benefit to all parties involved.

Amendment No. 25 simply clarifies that these other parties may also include the platforms or search engines.