It is not my intention to come back to this on Report Stage because of the reasons I have outlined. Perhaps I said "today" but I will not be accepting the amendment.

I thank the Senators for proposing these important amendments. The coverage by broadcasters of our democratic process, particularly during electoral periods, can have a profound impact on the outcome of the process. That is why broadcasting legislation has for many years sought to ensure fairness, objectivity and impartiality in both news coverage and the coverage of elections. This Bill will extend those provisions to the video-on-demand services, reflecting the changing way in which citizens access new media. As …

On those two amendments just mentioned, and starting with Senator Ruane's amendment No. 107, it is similar to amendment No. 2, so I am happy to come back to that on Report Stage. I reject it today, but I am happy to come back to it on Report Stage. Regarding Senator Sherlock’s amendment No. 105, it is similar to what amendment No. 104 is seeking to do in a slightly different approach. I reject the amendment today, but we will come back to it on Report Stage.

I recognise that amendments Nos. 32 and 33 aim to achieve gender equality within the commission and I thank the Senators for those amendments. One of my key goals since becoming a member of Government has been to further gender equality within every sector under my remit. I am absolutely committed to empowering women and using my position to help raise women's voices and drive greater gender equality. Of particular relevance to these benefits have been my actions to ensure gender equality in the appointment to the …

I thank Senators. I am feeling the love in the Chamber today, among Senators themselves anyway. Taken together, I can see that the proposed amendments seek to provide a legislative underpinning for the position of an online safety commissioner with responsibility for the functions of an coimisiún relating to online safety. That, as Senators have said today, is the core point being addressed in these amendments. Section 8 of the Broadcasting Act 2009, as amended by section 7 of the Bill, provides for the delegation …

I thank Senators for their amendments. It is important to note that these are not board positions but full-time regulators who will go through a rigorous process to ensure their suitability similar to the Data Protection Commissioner or ComReg. Amendment No. 37 amends section 11 of the Broadcasting Act 2009, as amended by section 7 of the Bill, to provide that I, as Minister, would agree the selection criteria and process to be implemented in respect of the filling of any vacancy on the commission. I believe this a…

I will return to amendment No. 40. As I stated in my contribution, I know that the convention has been ratified by the State. I do, however, want to have that engagement with the Minister, Deputy O'Gorman. I do not propose to accept amendments Nos. 37, 38 or 39.

I believe the provisions in amendments Nos. 42 and 45 are largely addressed by the Bill as published. Section 37 of the Broadcasting Act 2009, as amended by section 7 of the Bill, requires that a commissioner or other relevant person should not be party to a consideration of matter by an coimisiún where they, or a connected person such as a family member, may derive a benefit from that consideration or where they have an interest in a business or organisation which might also derive a benefit from that consideratio…

As I have indicated already, I will not be accepting amendments Nos. 42 and 45 because I believe the Bill, as published, addresses the issues raised in the amendments.

I thank the Senator for her amendment. Section 12 of the Broadcasting Act 2009, as amended by section 7 of the Bill, sets out the conditions of office of a commissioner. The section also provides, as we discussed in the preceding amendments, that the Government may remove a commissioner in very specific circumstances. Given the gravity of such a decision and to meet the requirements of natural justice, this section sets out very clear steps for removing a commissioner. The Government must give a notice in writing o…

I understand the intentions that underpin amendments Nos. 44 and 52, which would have the effect of allowing a commissioner or member of staff of an coimisiún to also hold office as a member of local authority. As general principle, I do not wish to put any obstacles in the path of those who are seeking election to local authorities. As a former councillor - I served with Senator Ward, as he mentioned - I know the important work undertaken by local authorities and the vital role councillors play in holding local au…

Again, I understand the intentions underpinning amendments Nos. 44 and 52 but, as I said, in light of the role of coimisiún na meán as the independent regulator of the media and in respect of the requirements of Article 30 of the audiovisual media service directive, I will not accept this amendment. Holding political office is different from other political conflicts. It is not just a matter of stepping outside the room. It would be seen as party political. Staff will also play important roles in investigations. I …

I thank Senators for their amendments but I do not propose to accept them. As regards amendments Nos. 46, 47 and 48, section 12(13) of the Broadcasting Act 2009, as inserted by section 7 of the Bill, sets out what constitutes a relevant interest for the purpose of determining whether a commissioner should cease to hold office by virtue of him or her, or a connected person, which includes a family member, holding a relevant interest in a provider of communications media. Section 12(11)(i) provides that a person shal…

Under section 19 of the Broadcasting Act 2009, as amended by the Bill, the coimisiún may establish advisory committees to assist and advise it in matters relating to its functions. Amendment No. 53 would have the effect of requiring that members of any advisory committee of the coimisiún be subject to the same requirements to disclose interests under section 37 of the Broadcasting Act, as amended by the Bill, as a commissioner, member of staff at the commission, consultant or adviser. This is a broad obligation tha…

I thank the Senators for tabling the amendments. In respect of amendment No. 1, section 9D(1) of the Official Languages Act 2003 as amended provides that the name of a statutory body established on and from the commencement of section 4 of the Official Languages (Amendment) Act 2021 shall be in the Irish language. In advance of the commencement in section 4 of the 2021 Act, I decided that what was previously to be known as the media commission should be known as Coimisiún na Meán. This is given effect in section 6(…

I will make a general point first. I empathise with Senator Ruane on the groupings, which I also received quite late this afternoon. That is because of the interest in this groundbreaking legislation and how there are more than 200 amendments. If it is of any help, I will say that I was under the same stress as the Senator this afternoon when preparing for this debate because I was also waiting for the groupings. We were in it together. I will first speak to the Bill in general terms. The main aim of the legislatio…

The Online Safety and Media Regulation Bill 2022 establishes the regulator, which the Government has decided will also enforce the DSA. I am advised that it is important to have that regulator in place at an early stage and that is why we are doing that now. The Bill also creates a regulatory framework for online safety, which is designed to be future-proofed and adaptable to EU law. This framework will help the implementation of the DSA, not hinder it. Senator Higgins mentioned the online safety commissioner. Ther…

I welcome the amendments brought by Senators Higgins and Ruane. The Senators have identified a potential ambiguity in the text of the Bill. Amendment No. 3 proposes to delete an existing definition and to insert a new definition stating that commercial communications shall be interpreted as including advertisements. Amendments Nos. 99, 119, 121, 122 and 172 seek to ensure that media service rules, media service codes and online safety codes address both advertisements and commercial communications. Section 2 of the…

Just to say-----

As the Senators have recognised I do not make the decision in regard to what is ruled out of order. I am happy for my officials to engage with Members between now and the next Stage of the Bill. I will also say that the Bill was written in a tech-neutral fashion, that was the advice we were given from the Office of Parliamentary Counsel in regard to helping to future-proof the Bill.