Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

Amendments Nos. 37 to 40, inclusive, are grouped as they are all amendments relating to co-operation between Coimisiún na Meán and the CCPC. Section 45(1)(b) provides that Coimisiún na Meán and the CCPC may enter into a co-operation agreement. This includes for the purposes of ensuring, as far as is practicable, consistency between decisions made or other steps taken by regulators with respect to implementing the digital services regulation.

Amendment No. 37 proposes the removal of the wording "as far as is practicable". However, it is important to remember we are talking about two independent bodies, and there will inevitably be differences in how they operate. In drafting the Digital Services Bill, there was a clear focus towards aligning the processes and procedures of Coimisiún na Meán and the CCPC with respect to the implementation of the digital services regulation. However, we also had to be cognisant that regulators implement other legislation and have processes and procedures in place already, and that there is a need for consistency of operation within each of their operations as well as without. The wording as set out in section 45(1)(b) reflects that while the operators may operate differently in some cases, they should ensure, as much as is possible, that there is consistency between them in the decisions and other steps taken when implementing their respective areas of competence for the digital services regulation.

Amendments Nos. 38 and 39, respectively, propose that a co-operation agreement between Coimisiún na Meán and the CCPC should include a provision that sets out rules regarding the precedence of decisions of Coimisiún na Meán over decisions of the CCPC in the event of disagreement, and that where inconsistencies occur between decisions made or other steps taken by Coimisiún na Meán and the CCPC in respect of implementing the digital services regulation, the decisions of Coimisiún na Meán should be deemed to take precedence. However, I cannot accept these amendments. These amendments, as proposed, would have the effect of one regulator essentially being able to veto another regulator's decision. Both are independent bodies, and I genuinely feel this would not be tenable.

To alleviate the Senator's concerns about decision-making, I want to make it clear that the CCPC has competence for Articles 30, 31 and 32 of the regulation. It will make decisions on any suspected infringements related to these articles. Coimisiún na Meán has competence for all other articles that put due diligence obligations on intermediary service providers. Coimisiún na Meán, as the digital services co-ordinator, shall be responsible for ensuring co-ordination at national level and for contributing to the effective and consistent supervision and enforcement of the digital services regulation throughout the EU. That is why provisions have been made to allow Coimisiún na Meán and the CCPC to enter into a co-operation agreement. The regulators absolutely need to agree together - we are as one on that - in an efficient and effective manner. The purpose of the co-operation agreement is for the two bodies to agree how they will work together, the processes they will adopt and how they will come to a decision when differences inevitably arise. Such an agreement will set out how the bodies will, for example, deal with complaints by Coimisiún na Meán that relate to Articles 30 to 32, inclusive, of the Digital Services Act and thus will need to be transmitted to the CCPC. In terms of the communication processes with the European Commission and digital services co-ordinators in other member states for joint investigations under the digital services regulation for which Ireland is the lead and the infringements relate to Articles 30 to 32, inclusive, that is, the articles for which the CCPC has competence, the agreement should lay out the relevant processes there.

Amendment No. 40 proposes that regular reviews of the operation of the co-operation agreement be conducted by the Minister. However, I cannot accept this amendment either. The Bill provides that the co-operation agreement can be varied by Coimisiún na Meán and the CCPC, which will allow them to update or address matters related to their co-operation activities when they consider it necessary. It is the role of the regulators to make sure they agree the processes and procedures that allow them to co-operate effectively. It is important to remember that both Coimisiún na Meán and the CCPC are independent bodies and, as such, the provisions as set out in the Bill which allow these bodies to enter into a co-operation agreement are important to ensure there is effective implementation of the digital services regulation in Ireland.It is my belief that that co-operation agreement will deal with many of the challenges that have been rightfully raised by Senator Higgins.