Louise O'Reilly (Dublin Fingal, Sinn Fein)
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54. To ask the Minister for Enterprise, Trade and Employment the steps that his Department is taking to ensure that there is oversight in relation to the use of algorithmic control to ensure that automated decision-making without any human involvement is not taking place in this State, particularly in the so-called gig-economy. [53834/22]

Leo Varadkar (Dublin West, Fine Gael)
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The (EU) Proposal for a Directive on improving working conditions in platform work was published in December 2021 and is currently being negotiated in the Council of the European Union. The Directive increases transparency in the use of algorithms by digital labour platforms, ensures human monitoring on their respect of working conditions and gives the right to contest automated decisions. These new rights will be granted to both workers and genuine self-employed.

In addition, Ireland has a comprehensive body of employment legislation, in respect of which the Workplace Relations Commission (WRC) is mandated to secure compliance. Ireland’s employment rights legislation protects all employees who are legally employed on a contract of service basis. Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the Workplace Relations Commission (WRC) where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court.

In general, automated decision making is made by artificial intelligence systems. Ireland’s National AI Strategy: AI – Here for Good, which was launched in July 2021, sets out our commitment to trustworthy AI through a people-centred, ethical approach to its development, adoption and use.

There is currently a regulation on artificial intelligence (the Artificial Intelligence Act) being negotiated at EU Level. While still in draft form, the regulation takes a proportionate risk-based approach to AI where certain particularly harmful AI practices are prohibited, while specific restrictions and safeguards are proposed in relation to certain high-risk areas such as recruitment. This includes AI systems used in employment, workers management and access to self-employment. The regulation will apply to the developer, provider and user of AI and aims to address the risks generated by specific uses of AI through a set of complementary, proportionate and flexible rules.

My Department is leading on these negotiations at EU level and will be responsible for the implementation of this regulation into domestic law.