I will withdraw the amendment and come back to it. My point is not with regard to it not being covered. My concern is that there might be a danger of it being interpreted as referring to looking at an image of something happening. I want to be clear this provision is not to do with the content. It is not that a video of somebody applying force is wrong. It is limited to the video itself applying force to a viewer. Does the Minister know what I mean? It is not the content internal to the video. The concern raised wi…

I move amendment No. 194b: In page 93, line 36, after “another” to insert “(including the sending of flashing images to people with photo-sensitive epilepsy with intent to induce a seizure)”.

I move amendment No. 196: In page 100, line 5, after "may" to insert "reasonably". Amendments Nos. 196 to 198, inclusive, are about putting in place stronger safeguards in respect of the powers of authorised officers. These are very wide in the Bill and there may need to be better caveats. Amendment No. 196 would insert the word "reasonably" after the word "may" in the preamble to the activities that authorised officers may take in respect of utilising their powers. This would ensure an authorised officer would not…

I accept the Minister's point on "reasonableness" on amendment No. 196 but I disagree on the Minister's points relating to amendments Nos. 197 and 198. There is a very large discretionary power being given to the authorised officer for as long as he or she reasonably believes necessary. There must be some form of time limit. I am not necessarily suggesting this should be every eight weeks but I am saying if it is longer than eight weeks, the process would be subject to review. I am open to the period in question bu…

I move amendment No. 197: In page 101, lines 13 and 14, to delete ", for such period as the authorised officer reasonably considers necessary" and substitute the following: "as the authorised officer reasonably considers necessary or proportionate, for a period which is reasonable and proportionate. Such a period shall not exceed 8 weeks without a review by the superior officer of the authorised officer as to the continued necessity and proportionality of continued retention".

I move amendment No. 198: In page 101, lines 28 to 30, to delete all words from and including "be" in line 28 down to and including "appropriate" in line 30 and substitute the following: "be accompanied by a member of the Garda Síochána and such and so many other persons, as he or she considers appropriate".

I move amendment No. 199: In page 102, between lines 11 and 12, to insert the following: "(8A) Where material or equipment obtained in the course of the investigation in the exercise of powers under section 139ZC, is subsequently not found to be relevant to the investigation, it shall be returned to the provider at the earliest possible opportunity.". This is an important provision and I hope the Minister will agree to it. Under these sections, we know materials or equipment can be seized in order to review whether…

For example, an officer may seize 20 laptops and only one might be relevant. There may be some equipment that is relevant to an investigation but other equipment that is not relevant. That is the context. My amendment does not relate to a subsequent investigation but is very much designed to be relevant during an investigation. I was adding something somewhat different with this amendment and it is not covered by the provision as is.

I move amendment No. 200: In page 102, to delete lines 12 to 15. This seeks the deletion of section 139ZC(9), which provides that, "Where an authorised officer has exercised his or her powers under this section in good faith, the Commission shall indemnify the authorised officer against all actions or claims howsoever arising in respect of the exercise of those powers." Providing such a blanket indemnity to authorised officers based on a simple good faith criterion is a very weak legal basis and is a barrier to acc…

The Minister and I are each imagining different mischievous actors. There are ranges of mischievous actors. My concern is that I do not see provisions in the Bill in respect of the coimisiún and how there will be an assertion in respect of good faith, what the mechanisms will be in that regard and what are the consequences for authorised officers who are the subject of multiple complaints. If the Minister is insistent on preserving the indemnity clause, I reserve the right to bring forward other amendments that see…

I will withdraw the amendment and reserve the right to reintroduce it.

I move amendment No. 201: In page 102, lines 14 and 15, to delete “all actions or claims howsoever arising in respect of the exercise of those powers” and substitute the following: “a first or second action or claim arising in respect of that officers exercise of these powers but will not indemnify an authorised officer in respect of a third or further action or claim”.

I move amendment No. 202: In page 102, line 40, after “practicable” to insert “and not less than 8 months”. The amendment adds a caveat to the provision that, as soon as practicable after the completion of an investigation, the authorised officer would prepare a draft report of the investigation. At the moment, the Bill refers to it being done as soon as practicable. I am suggesting that it be done within eight months. This is to ensure that investigations are expedient rather than drawn out or excessively lengthy.…

I note that necessity and proportionality are significant in this regard but they are not encompassed in the word "fairness". Necessity and proportionality have a significant legal meaning, for instance, in relation to data protection. These sections allow for the seizure of interpersonal communications, for example, communications between individuals. The scope of the Bill is such that it allows for personal cloud storage to be accessed and provides wide powers to access what would normally be regarded as personal…

I move amendment No. 203: In page 104, line 15, after “fairness” to insert “, necessity, proportionality”.

I move amendment No. 204: In page 104, between lines 17 and 18, to insert the following: “(3) The Commission shall publish any guidelines made under this section, and any amendment to or revocation of those guidelines, on an accessible website maintained by it.” This is a simple amendment. It provides in respect of the rules made under section 139ZF that the commission would publish on a website the guidelines made under the section and any amendment or revocation of those guidelines. This is another accessibility …

In light of the Minister's engagement, I will withdraw the amendment.

I move amendment No. 205: In page 107, between lines 2 and 3, to insert the following: “(5) Where a judicial review is taken in respect of a decision made by the Commission under this section, the decision of the Commission shall stand pending the outcome of such a judicial review.”. The amendment seeks to find the balance between the right to take judicial review, which I believe is fundamentally important, and ensuring there is no perverse incentive that would create a chill effect on the commission, whereby deci…

I am not questioning the taking of judicial review in any respect or the process around that but I seek clarification. My question is around what happens while a judicial review is taking place. If the commission makes an order and a judicial review is taken against it, as is the right of any person to do, what happens in the interim? Will the Minister clarify if the guidelines or provisions in respect of judicial review which she just indicated specify that a decision, for example, on the removal of harmful conten…

I move amendment No. 206: In page 107, between lines 2 and 3, to insert the following: “(5) Not less than 20 per cent of the money recovered under subsection (1) shall be used for the purpose of promoting media literacy and digital empowerment.”. This amendment seeks to ensure that the commission uses some of the moneys recovered from financial sanction to enhance people's participation in digital spaces and to be empowered in their engagement in the media. This comes from something I have pushed for a very long ti…