Regulation of Artificial Intelligence Bill 2026: Committee Stage Seanad Éireann — 2026-07-09 ============================================================ Niamh Smyth (FF), Cavan-Monaghan I again thank the Senator for her contribution and her amendments. The Bill already contains a clear and workable mechanism for filling casual vacancies on the board. Where a vacancy arises, the Minister is required to appoint a replacement in accordance with the Public Appointments Service process provided for in the Bill. The principal effect of the amendment would be to transfer this function from the Minister to the Government. For the reasons I have outlined in relation to earlier amendments, I do not consider that such a transfer would provide any additional safeguards or governance benefit. The existing approach provides a clear line of responsibility and accountability through the responsible Minister while maintaining the integrity of the Public Appointments Service process. The amendment would also remove the flexibility contained in the Bill regarding the term of office of a replacement member. The current provision allows an appropriate degree of flexibility in managing board succession and maintaining continuity in the governance of the office while ensuring that the term limit remains in place. While I appreciate Senator Stephenson's intention of promoting consistency across the appointments framework, I am satisfied that existing provision already provides a transparent, accountable, effective mechanism for filling vacancies on the board. Accordingly, I do not propose to accept the amendment. I do not accept that amendment No. 16 would transfer the power to remove a member of the board from the Minister to the Government. The Bill already places significant safeguards around the removal of board members, including statutory grounds for removal, notice requirements, an opportunity to make representations and consideration of the views of the board. I am satisfied that these protections provide an appropriate balance between the board's independence and ministerial accountability. The transfer of the removal function from the Minister to the Government would not materially strengthen those safeguards. The Bill adopts the standard governance models used for many statutory bodies whereby the responsibility for the appointment or removal of board members rests with the Minister, who is accountable to the Oireachtas for those decisions. The existing provisions strike an appropriate balance between accountability, due process and effective governance. For that reason, I do not propose to accept the amendment. I am taking amendments Nos. 18 to 25 together. I do not propose to accept these amendments. The Government's model adopted in the Bill is consistent with that used for many statutory bodies. As I said, the Minister is accountable to the Oireachtas for the performance of the office and exercises a range of governance functions in relation to the board and the office. Section 19 already contains significant safeguards including specified grounds for removal, notice requirements, an opportunity for representations, consideration of the board's view and adherence to the principles of natural justice. Transferring these functions from the Minister to the Government would be inconsistent with the broader governance framework of the Bill, under which board members are appointed by the Minister and most Government functions relating to the board are exercised by the Minister. The amendments would introduce an additional layer of decision-making without providing any additional procedural safeguards. They would also increase administrative overheads in circumstances where timely action may be required to address issues relating to board membership. The existing provision strikes an appropriate balance between accountability, due process and effective governance. I am satisfied that no policy justification has been identified for requiring Government approval for individual board removal decisions. Accordingly, I do not propose to accept the amendments. I do not propose to accept amendment No. 26. The Bill provides that the chief executive officer is to be recruited in accordance with the Civil Service Regulations Act and the Public Service Management (Recruitment and Appointments) Act 2004 and appointed by the board with the consent of the Minister. This reflects established governance arrangements in statutory bodies and provides an appropriate balance between the board's role in selecting the chief executive officer and the ministerial accountability for the operation of the statutory body. Transferring this function from the Minister to the Government would not materially strengthen the independence of the office. The CEO is responsible for the management and administration of the office and is accountable to the board for the performance of its functions. The Bill, therefore, places operational responsibility with the CEO and governance responsibilities with the board while maintaining appropriate ministerial accountability. The Bill already contains appropriate safeguards in relation to the CEO including recruitment through the established public appointments process, accountability to the board, statutory grounds and procedures for removal from office and restrictions on holding other offices or employment without consent. These measures provide robust governance safeguards while supporting the effective establishment and operation of the office. Therefore, I do not propose to accept the amendment. I do not propose to accept amendments Nos. 29 to 31, inclusive. They would replace the Minister with the Government in a number of provisions relating to the chief executive officer. The governance framework in the Bill is based on the principle that responsibility for oversight of the office rests with the Minister, who is accountable to the Oireachtas for the operation of the legislative framework. The Bill, therefore, assigns a number of governance functions relating to the CEO and the Minister. This is consistent with the approach adopted throughout the Bill and with the governance arrangements that apply to many statutory bodies. The CEO is accountable to the board for the management and administration of the office, while the Minister retains responsibility for certain oversight functions within the statutory framework. Replacing the Minister with the Government in provisions would not provide any additional safeguard or strengthen the independence of the office. I am satisfied that the existing provisions strike the appropriate balance between operational independence, effective governance and democratic accountability and I do not propose to accept the amendments. Amendment No. 33 would transfer the power relating to the removal of the chief executive from the Minister to the Government. The Bill already provides a comprehensive framework governing appointment accountability and removal of the CEO. The governance model adopted in the Bill is that the Minister exercises certain oversight functions in relation to the office while remaining accountable to the Oireachtas for the operation of the statutory framework. The removal of the CEO is a significant step and the Bill already contains appropriate safeguards and procedural protections in this regard. Replacing the Minister with the Government would not provide any additional protection or strengthen the independence of the office. Rather, it would introduce an additional layer of decision-making that is not reflected elsewhere in the governance arrangements established in the Bill. The existing approach is consistent with the governance arrangements that apply to many statutory bodies and ensures a clear line of responsibility and accountability. I am satisfied that the existing provision is appropriate and I do not propose to accept the amendment. On amendment No. 46, again, I thank Senator Stephenson for the amendment, which would transfer the relevant function under section 44 from the Minister to the Government. Again, the governance framework established by the Bill consistently assigns oversight and administrative functions relating to the office to the responsible Minister, who is accountable to the Oireachtas for the operation of the statutory framework. The existing provision reflects the governance model and provides a clear line of accountability and responsibility. I do not consider that transferring this function to the Government would improve transparency, accountability or the operation of the AI register. Rather, it would introduce in additional layer of administration that would be inconsistent with the broader approach adopted through the Bill. The Government does not generally exercise direct responsibility for the detailed administration of statutory schemes of this nature, which are typically entrusted to the relevant Minister. I am satisfied that the existing provisions strike the appropriate balance between accountability and efficient administration. Therefore, I do not propose to accept the amendment. I will speak to amendments Nos. 74 and 75. Again, I thank Senator Stephenson for the amendments. The amendments would replace reference to the Minister and any other Minister with relevance to the Government. The purpose of this section is to facilitate co-operation and co-ordination between Ministers whose areas of responsibility may be affected by the implementation of the AI Act and the operation of the national regulatory framework. The existing provision recognises the responsibility. The AI regulation may intersect with a number of ministerial portfolios and provide the practical mechanism for co-operation between relevant Ministers. I do not consider it appropriate or necessary to require Government approval or involvement, in each instance, where such co-operation may be required. The Bill consistently assigns responsibility for oversight of the office and operation of the statutory framework to the responsible Minister while recognising that engagement with other Ministers may be required from time to time. Replacing references to Ministers with the Government would introduce an additional of administrative process without providing any additional safeguard or governance benefit. It would also reduce flexibility and responsiveness in circumstances where timely co-operation between Ministers may be required. I am satisfied that the existing provision provides an appropriate and practical framework for interdepartmental co-operation and co-ordination. Therefore, I do not propose to accept the amendments. I will speak to amendments Nos. 89 to 91, inclusive. Again, I thank Senator Stephenson for the amendments. These amendments would replace references to "Minister" with a reference to "Government" in a number of provisions relating to adjudicators. The Bill adopts a governance model whereby the responsible Minister exercises certain administrative and oversight functions while remaining accountable to the Oireachtas for the operational statutory framework. The provisions relating to adjudicators are consistent with this approach. The independence of adjudicators does not derive from whether they are appointed by the Minister or the Government rather it derives from statutory safeguards contained in the Bill, including provisions governing their appointment, qualifications, tenure and independent exercise of their functions. I do not consider that the transfer of these functions from Minister to Government would strengthen the independence of adjudicators or improve the operation of the adjudication system. Instead, it would introduce an additional layer of administration and would be inconsistent with the broader governance framework established by the Bill. The Government does not ordinarily exercise a direct role in the routine administration of the statutory adjudication systems of this nature. I am satisfied that the existing provisions strike the appropriate balance between independence, efficiency and accountability. Therefore, I do not propose to accept the amendments. --- Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted. Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-07-09/debate/main Retrieved: 2026-08-14T04:55:11+00:00 Sitting date: 2026-07-09