I am not going to add very much because my colleague has put the case very clearly. These amendments build on the core purpose of the audiovisual media services directive, which is the starting point for this legislation. As we discussed previously, that is not simply about protective, performative or managerial functions but also about a proactive role in the promotion of equality of inclusion, diversity, participation in the cultural space and so forth. There is a really positive role for the commission there and…

On amendments Nos. 39 and 40, there is a Public Appointments Service but, as the Minister mentioned, it draws from the civil and public service code. The concern is that is often for generalists, it is focused on a high-calibre person, and a person who has probity, is trustworthy and moves between roles but what is needed here is expertise. There is quite a bit of precedent for setting out very clear requirements. We were very clear in our amendment. We do not prescriptively say that any individual must meet these …

I move amendment No. 39: In page 22, between lines 9 and 10, to insert the following: “(3A) In performing their functions under subsection (3), the Public Appointments Service and the Minister shall seek to ensure that the Commission has an appropriate balance of knowledge of, and expertise in the following: (a) arts and culture; (b) data protection and digital empowerment; (c) online safety and digital regulation; and (d) human rights and public participation.”.

I move amendment No. 40: In page 22, between lines 9 and 10, to insert the following: “(3A) In performing their functions under subsection (3), the Public Appointments Service and the Minister shall have due regard to obligations under section 42 of the Irish Human Rights and Equality Commission Act 2014 and the United Nations Convention on the Rights of Persons with Disabilities.”.

I move amendment No. 42: In page 23, between lines 3 and 4, to insert the following: “(ba) the Commissioner has breached section 37 of this Act,”. This relates to the declaration of interests. The amendment provides that one of the grounds on which a commissioner may be removed from office would be if he or she had breached section 37 of the Act. Section 37 relates to the disclosure of interests. We have had some very unfortunate examples, including quite recently, of board members who did not properly declare inte…

It is clear that the basic architecture is there, and I accept that the declaration of interests indicates that action may be taken, but there is a very different level of seriousness in respect of these measures for removal. It is not enough to simply say there may be provision that appropriate action may be taken. Again, we must bear in mind that many of these actors will potentially be influential and could apply significant pressure. This is for every future Government down the line, so it is important that we …

I move amendment No. 43: In page 23, line 38, after “Oireachtas” to insert “and the Joint Oireachtas Committee on Tourism, Culture, Arts, Sport and Media”. Where the Minister has decided to remove a commissioner from office, as well as laying before the Houses of the Oireachtas a statement on the decision and the reasons for it, and given that so many documents get laid before the Houses, we suggest it would also be laid before the Oireachtas Joint Committee on Tourism, Culture, Arts, Sport and Media. Again, that i…

I appreciate that the statement may be laid before the Houses. Perhaps what Senator Carrigy said that rather than the laying of a statement in front of the committee, simply a notification to the Chair of the committee that such a statement has been laid, might suffice. I will not press the amendment at this point. However, as the Minister said, there is quite a seriousness and a gravity in this. For example, if some of the grounds were significant in matters the committee might be considering or if a pattern were …

This provision comes through so much legislation and it probably merits a general examination because it has come through as a concern repeatedly. We know the phenomenon where many people are leaving their roles in local authorities. We also know the wages for those on local authorities are not enough that people can continue in their role. People have to choose between progression in their career in a small country where there may be only a few specific roles that use their skills or training to the proper level a…

I move amendment No. 45: In page 24, between lines 13 and 14, to insert the following: “(ha) is found to have breached section 37 of this Act,”.

The amendment builds on the concern that this regulator will be under significant scrutiny. It will have an incredibly important role in the State, Europe and internationally. These provisions are borrowed from other areas. There is a concern here. I am struck by the figure of €13,000 because I think it has been regarded as a tiny figure. However, it is a significant figure for some people. It is a sign of who we often expect to be in roles that we consider that they would regard €13,000 as an insignificant figure …

Senator Byrne makes a fair point on the gifts. It is quite a low amount and it is often very hard to determine the value of something that one is given and it might create an unnecessary concern as to whether an ornamental paperclip is worth-----

Exactly, and I take that on board. It is a fair point. The issue on shares is important, though, especially in some of the more fast-moving providers. How many times have these companies split? How many times have the value of shares changed, with companies splitting four, five or six times? That question of what gets boosted in its potential, or the early actor, is a concern. We should not have a situation where people have shares in the companies that they are regulating but Senator Malcolm Byrne makes a good poi…

This came up in the climate Bill and the change was made in respect of that Bill. There is capacity to take on board persons who are not part of the commission for consultation. It is important that those persons on a sub-committee who may not go through the rigorous process commissioners go through also make a declaration of interest. This is so someone with strong interests in a particular online provider and who may have useful expertise will not find himself or herself part of a sub-committee or delegated funct…

First, on the general points, the Minister will see there are really strong feelings across this House with regard to this Bill. It is a little bit unfortunate that it is coming slightly prematurely when we had the digital services directive pretty much agreed yesterday. We know there are major areas of policy on which the expert group has not come back and, of course, it is a concern that many of the recommendations of the committee do not seem to be really reflected in the legislation. Again, I know that Senators…

I have two really quick points. The Minister mentioned the online safety commissioner but, of course, there is not an online safety commissioner in the Bill as it stands. Again, that is the headline. That is what everybody goes out with. That is why we are being told we need to pass it. However, it is not there. I just need to be very clear. There should be, and will have to be, an online safety commissioner in the Bill before it leaves the Seanad, given that is what we have been advertising and what is being discu…

I have a one-liner comment because, in fact, we did not actually speak to it yet, but we will come to it in a minute. In terms of the differences in advertising, one of the concerns is some of the things that are pushed out are included in this, even when looking at what has and has not been covered. The religious issue is included in this section, the way we discussed it in terms of religious belief and so forth. However, we have not discussed other things that are very damaging and that are, again, interspace, an…

I move amendment No. 3: In page 9, to delete line 2 and substitute “ ‘commercial communication’ shall be interpreted as including advertisement;”. This is a concerning factor and leaving aside what areas we believe should be regulated the question is advertisement itself being regulated. Section 2 is clearly about advertisements yet the other sections we will move on to include sections on advertising and later we will go on to sections on matters like the media service codes. A concern I have is that it may be pos…

I thank the Minister. I ask that we might have an opportunity to engage between Committee Stage and Report Stage because I want to know what is going to come in that regard. Let us have a conversation rather than just picking it up on Report Stage. I believe we could probably have some useful conversation in between. In that context I will not press amendment No. 3 at this point. I will withdraw the amendment but I reserve the right to reintroduce that amendment at a later point.

This is a key concern. While it is not the Minister's concern, I will certainly be raising it with the Committee on Parliamentary Privileges and Oversight and others. It is pretty wild that amendments calling for definitions were ruled as a cost to the State. It is the case that the insertion of three definitions, including in one case a definition of something that is already referred to in the Bill, were ruled as being out of order due to being a cost to the State. I am extremely concerned, on a fundamental point…