Regulation of Artificial Intelligence Bill 2026: Second Stage
Seanad Éireann — 2026-07-01
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Niamh Smyth (FF), Cavan-Monaghan

First, I thank each and every Senator for their very thoughtful contributions. I will attempt to answer as much as I can and address some themes that were broadly touched on by everyone.
Regarding Senator Crowe's point, I have never shied away from the fact that there are positives and negatives to AI and the potential it has, not just in the displacement but also the augmentation, which I know some Senators referred to here today. Only last week, the Minister, Deputy Lawless, held a round table conversation with industry leaders, both big and small, to see where the gaps are and how we can mitigate against those with both reskilling and upskilling. That is all being thought about and considered.
Senator Ryan very clearly talked about many aspects of this which relate to the protection and safety of our children. As regards the development of this AI office, while it is coming from the Department of enterprise, it will be independent of me as Minister of State and of the Department and Government. It will have a very broad remit which will not just look at it from an enterprise prism but also a human-centred one. Fundamental rights have been raised on many occasions, and I could go through a whole lot of things but Senators should remember this: the Data Protection Commission has oversight of this. That is not enterprise. The Environmental Protection Agency is not enterprise. The Human Rights and Equality Commission is not enterprise and neither is the Ombudsman for Children's Office. This points to the broad myriad of inputs that will be there to support the work and interact with the competent authorities with responsibility for the AI office.
I further emphasise and reassure Senators that Coimisiún na Meán was set up under the previous Government. Where did it come out of? It had to come from a Department, and that was the Department of media, culture and communications. It is not run by Government; it is completely independent. We all know that. I am sure members present have had Coimisiún na Meán before them at the committee on media or elsewhere. The format and establishment of the AI office is no different from any of those organisations. They have to come from somewhere and it is incumbent on us to think about its establishment. It comes from the Department of enterprise. As I am given the responsibility of AI, trade promotion and digitalisation, it naturally has to come from there. To reassure Senators, it has that independence and I hope I have alluded to that in my reply.
Senator Keogan raised a huge range of issues. Fundamental rights were mentioned, which I have spoken to briefly. I accept that this is moving at pace but Senators must also accept that AI is moving at pace. We do not have 12 months to hang around on this. To speak to Senator Stephenson's point, it is about the protection of young people and being human-centred. We cannot deliberate over this for 12 or 16 months; we have to move and act quickly.
If we did not move and act quickly, as the Senator suggested earlier, that would be speaking to the tech companies. They would love if we did not regulate or if we did not have an AI office in place. They would love it if we did not respond and work with European partners and colleagues to ensure we have regulation and oversight. That is why we are moving at pace. However, we also saw the controversy some months ago with Grok, which really impacted on women and children and the protection of all of us in society. The prohibited practices piece is something I have strongly advocated for to see it brought in. It will be enacted in August, if I have got my dates right. We cannot afford to think about this for much longer.
I also reassure Senators that there will be a second phase of this, which I outlined in my opening speech; a second piece for primary legislation where we will have more time and will have it enacted. It is going to be organic in the sense that the technology is moving fast. We do not know and cannot see into the future, and Senator Conway is absolutely right on that. I am also deeply uneasy about it and that is why I am moving quickly. It is incredibly important that we have the AI office established and the expertise within that to ensure our citizens are protected. I am not shying away from displacement but we need to have the expertise in place that can show us and guide us with facts around where the jobs are being most affected and how we can reskill, upskill and try to mitigate against that as much as possible. I accept that Senators feel the pace is moving quickly but I am telling them why it has to move quickly and I am giving assurances that there will be a second phase to this where we will have more time.
A number of Senators raised the fact that two committees have oversight of this. There is the artificial intelligence committee, which I have had the opportunity to go in and speak in front of. I thank the Senators on the committee for their work. I know Senator Ruane, having worked with her previously, feels passionately about this stuff, and rightly so. However, the recommendations that I can take, and that is beyond my control, are from the Oireachtas committee with responsibility for enterprise. I am awaiting its report. When I get that report, I assure the Senators that I will sit down with my officials and we will go through those recommendations line by line to see to how we can make this legislation better.
Senator Joe Conway said the legislation is quite impressive. It is. It has been worked on by wonderful colleagues and officials, who get lots of bashing around the place, the same as Government TDs and Ministers have got in the past. They have done incredible work here. They have been working on this for the past 18 months and longer, before I was in the role. They know exactly what they are doing here. It is not rushed on their part at all. If Senators have read this legislation, as Senator Conway has, they can see that.
Senator Nelson Murray talked about children and youth voices and being silent on children. I would cite the Ombudsman for Children. I met the Ombudsman for Children and I will continue to do that. On the Children's Rights Alliance, I have met it and will continue to do that. If there is any way we can strengthen this Bill to protect children, I will take that. We have a big opportunity - we are taking the opportunity that we have got with the European Presidency - to ensure that the protection of children online is a priority for us, not only in my Department but in the Department of culture as well.
Youth voices was raised in the Dáil last night by Deputy Malcolm Byrne. I will certainly take that on board and see how we can do that in a proactive way.
Senator Murphy raised the amplification of discrimination. I note it would be something Senator Ruane would feel strongly about as well. The Senator spoke about the manipulation of behaviour and about the exploitation of vulnerabilities of people and children. That speaks to the point as to why we have to move quickly. We cannot sit around on this for the next year thinking about it. I know there is sincerity in the Senator talking about amendments and strengthening that. I will take that at a later point.
Senator Murphy also raised the point about thinking about this on a all-island basis. I am certainly up for that because we know with technology there are no borders. That is why we are responding and working with our European colleagues with the EU AI Act and moving that on quickly. There are 27 member states, we are all affected the same and as far as I am concerned, borders do not come into it.
I am trying to be as specific as I can and I ask the Senators to bear with me. I hope I have answered some of the queries Senator Stephenson raised around fundamental rights and AI jobs. On the AI jobs piece, the number of AI jobs in this country has doubled since 2023. That is a fact. There is huge demand for it. Senators should keep that in the back of their minds as well.
I hope I have answered some of the issues Senator Joe Conway raised. I will continue to do that and work with the Senator closely too.
Senator Harmon asked that regulation be human centred. I hope I have answered that. On the constitutional piece, I have been back to Deputy Lawlor in a comprehensive way. If there is more we need to do on that, I am certainly open to doing that. That is as specific as I can be.
I thank the Senators most sincerely because I know the thoughts and contributions they have made here tonight are heartfelt. I hope the Senators know mine are heartfelt too. I am extremely conscious that this is seen not only through an enterprise prism. It is about the protection of citizens. It is about the protection of young people and I hope I have emphasised that enough.
I re-emphasise that the purpose of the Regulation of Artificial Intelligence Bill 2026 is to provide for the implementation in Ireland of the Al Act, an EU regulation, which is something we all want.
This Bill is a landmark moment for Ireland's digital regulatory framework. Al is a transformative technology which offers extraordinary potential for our economy and citizens and realising that potential requires appropriate oversight and accountability. That speaks to the balance that we need to strike.
This Bill delivers exactly that. It fulfils Ireland's EU obligations, giving effect to Europe's pioneering Al Act in domestic law by ensuring we have the national infrastructure in place to supervise and enforce it effectively.
The Regulation of Artificial Intelligence Bill establishes the national Al office of Ireland as an independent statutory body with a central co-ordinating role in Ireland's Al regulatory framework. The Al office is designed to support consistency in how the various market surveillance authorities, MSAs, carry out their responsibilities across different sectors, ensuring that enforcement is coherent and co-ordinated rather than fragmented.
The Bill designates the Al office of Ireland as a single point of contact, SPOC. We do not want people to have to go all over the place to get the information. In terms of the enterprise piece, we have been clear and mindful to respond to what has come out of the Draghi report that we do not burden people, businesses and public bodies with more regulation, and that they have that one point of contact but continue to work with their existing regulators whom they have relationships built up with.
The designation of the Al office, as I said, the SPOC, in accordance with Article 72(2) of the Al Act for liaison with the European Commission and other member states on Al-related matters. That harmonisation is incredibly important.
The designation of the AI Office as an MSA is formally given effect by a designation regulation, which will be finalised before the end of July. This will be an amendment to the first designation regulation in July 2026, which designated the first eight MSAs for the Al Act.
The Bill carefully balances ministerial accountability to the Oireachtas for public policy with regulatory independence in operational matters of the Al office.
The Government is committed to ensuring that our competent authorities are adequately resourced, which has been raised here, to fulfil their obligations. The Government provided funding in 2026 to support the establishment of the national Al office. In response to Senator Keogan's point that the Government is spending millions of euro, the facts are there was €1.5 million, which is arguably not a huge amount, for the establishment of the AI office, not millions of euro. We need to be factual about these matters.
Relevant competent authorities and market surveillance authorities will continue to be resourced through their existing governance and budgetary arrangements. That gives certainty to people.
I note that the Bill is a technical instrument that will ensure that the rights and protections provided for in the EU's Al Act, will be rigorously asserted in Ireland, for the benefit and protection of Irish citizens. This Bill neither adds to nor alters the obligations on businesses under the Al Act. It is mandatory under the Al Act for EU member states to give effect to these national provisions by 2 August 2026. We have obligations and commitments that we must live up to.
In addition to enabling Ireland to meet its EU obligations, this Bill delivers on key commitments in the programme for Government to position Ireland as a leader in the digital economy and artificial intelligence. Our national digital and Al strategy sets out Ireland's ambition to strengthen our position as an EU centre of excellence and digital regulatory hub, which supports competitiveness and innovation while protecting the health, safety and fundamental rights of our citizens. That is the essence of it. We cannot bury our head in the sand and ignore what we have been told by the Draghi report. The Draghi report clearly states that across Europe we have stifled businesses, as those Senators who are on the enterprise committee will be aware, with regulation and red tape. We are trying to ensure that we give space for innovation and creativity. Here is our opportunity to do it and we must grasp it.
This ambition is to be realised through a modern, cohesive and well-resourced regulatory framework for the digital economy. The Regulation of Artificial Intelligence Bill is a key enabler of this ambition. This comprehensive and sophisticated Bill, once enacted, will demonstrate our commitment to fostering and promoting responsible Al innovation and adoption, both in Ireland and in Europe.
I thank the Senators most sincerely for their forbearance in my responses and for their constructive engagement with the Bill. I look forward to working with the Senators. This is not a done deal. This is not finished or complete. This is a Bill that we will have to come back to and I am more than open and happy to do that.

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Retrieved: 2026-08-14T04:55:08+00:00
Sitting date: 2026-07-01