I move amendment No. 166: In page 79, between lines 28 and 29, to insert the following: “(fa) section 42 of the Irish Human Rights and Equality Commission Act,”. Amendments Nos. 166 to 168, inclusive, are all around trying to ensure that in deciding whether an online service provider falls into the category of providers to which the online safety codes may apply, the coimisiún might again have due regard to those principles of human rights and equality. They are the same points I have made throughout. Again, perhap…

In light of the fact that the Minister's officials have indicated a willingness to engage on the question of the proper recognition of human rights and equality in section 7 regarding powers and functions, I will not press the amendment in this context. I think that may be where we can best address it.

I move amendment No. 167: In page 79, between lines 28 and 29, to insert the following: “(fa) the United Nations Convention on the Rights of Persons with Disabilities,”.

I move amendment No. 168: In page 79, between lines 28 and 29, to insert the following: “(fa) the Web Accessibility Directive (Directive (EU) 2016/2102),". I believe we will have an opportunity to debate the related issue I highlighted later. I will withdraw this amendment for now and reserve the right to reintroduce it.

I move amendment No. 169: In page 80, between lines 36 and 37, to insert the following: "(1A) A record of any consultations conducted under subsection (1) shall be kept and in the case of consultations carried out under subsection (1)(d) such a record will include the rationale by which the Commission deemed the person to be appropriate to consult with, and such records shall be deposited with the Minister and laid before both Houses of the Oireachtas.". This amendment is similar to another provision I put forward.…

I appreciate the point about documents being laid before the Oireachtas. However, I am concerned as to why there is a reluctance to have a record of those the commission consults. It is not the same to say the Oireachtas joint committee can bring people before it. Any of us who sit on a committee know there are two hours in which to cover every issue at a meeting. We should not have to ask people to read out a list of everybody with whom they have met. This is basic information that it should be possible to request…

I move amendment No. 171: "In page 81, line 36, to delete “may” and substitute “shall”." A similar principle underpins amendment No. 171 as other amendments. It seeks to insert “shall” instead of “may” specifically in relation to the making of online safety codes. As I said, these are the core duties and functions and they should not be subject to discretion. They should be established as an expectation in the legislation, hence my preference for the word “shall” rather than “may”.

I move amendment No. 172: "In page 82, line 9, after “to” to insert “advertisements or"." I will withdraw the amendment because we have had engagement on this issue. I reserve the right to reintroduce it if necessary.

I join in thanking the Irish Heart Foundation, the Children's Rights Alliance and the many groups that have advocated on this set of amendments as one of the core areas of amendment to the Bill. I also thank the individuals who have contacted us with their concerns about the online targeting of children and the kinds of content to which children are being exposed and with which they are being targeted. The fact that the Minister can see amendments in this grouping from Sinn Féin, the Civil Engagement Group, the Lab…

The provision in the Data Protection Act has not been commenced but, yes, it focuses on the targeting, gathering and use of information. However, it is and would be appropriate to address it in this Bill. We have been ensured that part of the regulation of online content is content delivery. Measures aimed at content delivery based on the profiling of children are relevant to this Bill. It is very important that we put a marker down. When this area is talked about in the public realm, what ends up being talked abou…

I move amendment No. 178: In page 82, line 28, to delete “may” and substitute “shall”. We do not need to elaborate because it is the same principle again. The purpose of this Bill is not just to give a lot of power to the commission but also to regulate and ensure there is regulation of the online media space and the provision of online safety. The Oireachtas is being asked to give responsibility for delivery of that policy goal to the commission. It would be appropriate that we would, in fact, include requirements…

I move amendment No. 179: In page 82, between lines 39 and 40, to insert the following: “(4A) When preparing such codes referred to in subsection (1), the Commission shall have due regard to section 42 of the Irish Human Rights and Equality Commission Act 2014, the United Nations Convention on the Rights of Persons with Disabilities and the Web Accessibility Directive (Directive (EU) 2016/2102).”. I will not dwell on amendment No. 179. It is the same point. It is on ensuring that the United Nations Convention on th…

I move amendment No. 180: In page 82, between lines 39 and 40, to insert the following: “(4A) In preparing such codes referred to in subsection (1), the Commission shall consult with appropriate persons with relevant expertise in human rights and digital public participation.”

I move amendment No. 183: In page 83, between lines 6 and 7, to insert the following: “Online safety codes: public health of children 139L . (1) Without prejudice to section 139K, in the case of a designated online service which incorporates advertisements or commercial communications, the Commission shall ensure that an online safety code in respect of that service shall provide that risks of harm arising from the advertising of products to children on designated online services are minimised. (2) Online safety co…

I move amendment No. 183a: In page 83, between lines 6 and 7, to insert the following: "Online safety codes: disinformation 139L. (1) Without prejudice to section 139K, the Commission shall ensure that an online safety code in respect of a designated online service shall provide that risks of harm arising from the spread of disinformation are minimised. (2) Online safety codes as described under subsection (1) may provide for restrictions on, limitations on, or outright banning of disinformation. (3) In this sectio…

While I understand that the digital services directive will be coming through, the Tánaiste and officials from the Department of Enterprise, Trade and Employment are looking at this from one perspective, namely, regarding services and digital services. The Minister, however, has the capacity to look at it from another angle, in much the same way as she mentioned that her colleague would be bringing forward measures concerning disinformation in the Electoral Reform Bill 2022. That will, of course, not undermine the …

No. I am happy to hear that the Minister is involved in that process because very different expertise is available in the two Departments.

In that context, I will withdraw the amendment.

I move amendment No. 184: In page 84, line 13, to delete “relates to content that falls within” and substitute “is necessary and proportionate for an investigation or prosecution in relation to”. This amendment seeks to embed a GDPR-like provision around necessity and proportionality in this legislation to ensure we do not have a slightly wider framing. The legislation now refers to an online safety code that would only apply to interpersonal communications "in so far as it relates to content that falls within one …

I will come to this issue in amendment No. 185.