It is the same suite of issues.

Amendment No. 185 concerns "encryption backdoors" or "scanning” and so on. I suggest that we put in the appropriate language of necessity and proportionality to ensure that we do not inadvertently create a context whereby this clause on safety codes could be part of inappropriately wide surveillance.

I disagree. I am not saying that an coimisiún needs to do the investigations or prosecutions; I am saying that in providing codes, for example, it should not provide that regulation allows for large-scale scanning. That is why the necessity and proportionality part is appropriate because the coimisiún puts in the online safety code and later very considerable powers are given to authorised officers to implement the code. That is why it is important, from the top down, that the online safety code considers the issue…

I move amendment No. 185: In page 84, between lines 14 and 15, to insert the following: “(5A) An online safety code as defined in subsection (5) in respect of an interpersonal communications service or a private online storage service shall prohibit the use of encryption backdoors or client-side scanning.”. The amendment concerns a similar and related issue relating to an online safety code. These measures will likely be part of the digital services directive when it comes through. The amendment states: "An online …

I accept the point made by the Minister. There are situations where it may be allowed but there are also situations that the amendment tries to address, which is around, for example, State access to encryption backdoors. The Minister gave the example of videoconferencing and that is an example of how we are straying into the area of the digital services directive. Is videoconferencing covered by this legislation? Is it part of the remit? Is everything in a videoconferencing environment covered? A whole set of quest…

I wish to withdraw the amendment but hope to table an amendment to address the issue.

I move amendment No. 186: In page 84, between lines 14 and 15, to insert the following: “(5A) Services defined under subsection (5) shall not be deemed to be designated online services until such date as set by the Minister following the transposition into Irish law of the European Digital Services Act.”. The amendment deals with the same issue. It is probably one of the cleanest ways to address this issue. It provides that services defined under subsection (5), such as interpersonal communications or private onlin…

I thank the Minister for indicating that she will reflect. This amendment might allow us to proceed in terms of the delivery of the audiovisual media services directive, which everybody wants to do, and would give the scaffolding required by the Minister. It would, perhaps, allow us to avoid an unfortunate and unintended situation whereby we may have an online safety code that ends up being out of step with a provision of the digital services directive. The amendment would allow us to avoid that. There will be plen…

As the Minister of State outlined, the context of this legislation is the transposition of the EU whistleblower directive and the amendment of the Protected Disclosures Act 2014. There are many positive elements within this legislation but there are also concerns. Given that we are entering the period of legislative scrutiny, I will highlight some of the concerns. I know Transparency Ireland will have contacted the Minister of State outlining its belief that there are elements in the way the transposition of the di…

I want to follow up on something. I think Senator Sherlock mentioned it. There is a little bit of a red herring at play in some of the responses we have been having in this debate with this reference to the EU regulations. Regulation (EU) 2016/127, which supplements Regulation (EU) No 609/2013, relates to the compositional and information requirements for information on infant formula and follow-on formula. That regulation specifically relates to the product and how it is composed, such as what the acceptable level…

The Minister seems to have indicated that on the section dealing with media codes she will consider naming breast milk substitutes, formula milk and follow-on milk which, would be good. If fat, trans fats, salt and sugars are named, it would be consistent. Formula milk and breast milk substitutes clearly meet the criterion of things that have a general public health interest for children. While references have been made to the Department of Health in terms of advertising and so forth, this is the legislation in res…

The Minister mentioned that the commission will take on board legislation. However, this is legislation. We want this to become some of the legislation the commission takes on board rather than the alcohol Act that was not designed for the online space as we have outlined, and indeed other provisions such as the EU directive which do not address this issue of online marketing. While accepting that public health advice is important, one of the things the commission will take on board is legislation which is why we w…

It was in the very first debate.

I move amendment No. 106: In page 51, between lines 32 and 33, to insert the following: “(c) seeks to promote or advertise practices or beliefs which seek to compromise or invalidate a person’s sexual orientation or gender identity, including the advertisement or promotion of conversion therapy in respect of a person’s sexual orientation or gender identity.” .

Votáil.

I will briefly respond because this was my amendment. I appreciate and accept the bona fides of the Minister. I understand that she intends to address this issue but it would be good if the Government brought its own proposals in respect of it . It is the right of any Member of this House to bring amendments on this. There is a general strong view, shared across the House by both Government Members and Members of the Opposition, that conversion therapy and measures that compromise or invalidate a person's sexual or…

I move amendment No. 107: In page 51, after line 39, to insert the following: “(7) For the purposes of this section, political purposes mean— (a) promotes or opposes, directly or indirectly, the interests of a political party, a political group, a member of either House of the Oireachtas or a representative in the European Parliament, or (b) presents, directly or indirectly, the policies or a particular policy of a political party, a political group, a member of either House of the Oireachtas, a representative in t…

I move amendment No. 108: In page 51, after line 39, to insert the following: “(7) A broadcaster or media service provider shall also comply with any regulations and restrictions which may be set out by the Commission, including through a media service code.”.

I move amendment No. 109: In page 52, line 4, to delete “may” and substitute “shall”. Amendment No. 109 would amend section 46N(1) by deleting the word "may" and replacing it with "shall" in connection with the commission making media service codes. This would ensure there is a legislative requirement on the commission to make codes rather than simply giving it the power or option to do so. Given the extensive debates we are having about media service codes, it is very clear that this will be one of the core functi…

These amendments are not about how the commission exercises its duties; it is a matter of whether it exercises them. The provisions we are providing would not interfere with the commission's independence with respect to how the media service codes may be made or the standards and practices for complying with relevant sections. It simply suggests that they will. The Minister described them as duties. This is not simply about powers; it is also about duties. By inserting the word "shall", we make it clear that it wil…