Catherine Ardagh
Dublin South-Central · Fianna Fáil · Ireland
“Many Members here today know the real and lasting impact cancer has on individuals and families. It is something that touches almost every household in this country. It does not discriminate. The Bill is about fairness, dignity and giving cancer survivors the freedom to truly move on with their lives.”
“This is particularly in the case of child sexual abuse material investigations. An Garda Síochána regularly engages with its counterparts in other EU states and with international organisations, such as Interpol and Europol, in the fight against what are absolutely heinous crimes, as I think we can all agree.”
“A lot of investigations into child sexual abuse material may be referred from international partners, and it is imperative that gardaí have all the tools they require at their disposal to co-operate internationally in this field.”
“I take this opportunity to thank everyone here and acknowledge the constructive spirit in which Members have engaged with this Bill since 2022. There is a shared recognition across the Houses that this legislation will make a meaningful difference in people's lives, as described by Senator Nelson Murray.”
“The Government has now gone further than the voluntary code that is currently in place, reducing the relevant period from seven years to five years and increasing the sum-assured threshold from €500,000 to €650,000 to reflect the current housing market to support survivors to buy homes.”
“I thank Deputy Carthy for his support for this legislation. I also note the other issues he raised in relation to wider criminal justice and Garda issues. However, I will go back to discussing Deputy Kelly's amendment, tabled by Deputy Sheehan.”
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“In relation to the Deputy’s question on the number of service providers that will be affected, 420 have been identified but the Department believes it may affect up to 600 service providers. I hope that provides clarification. I propose to address amendments Nos. 7 and 12 together. Regretfully, I cannot accept either of these amendments. The purpose of establishing an independent office is to ensure that the Minister, as a member of the Executive, does not have any direct role in the enforcement of the obligations by service providers under this Bill. It would be neither desirable nor practical for the Minister to publish guidance notes when he or she has no role in determining compliance with the provisions. That is why section 22 provides that the director may issue guidance notes.”
“In relation to Deputy Gannon’s point on why not be prescriptive at this stage or why state we are not being prescriptive, this is a new body and office and it was the considered thought of the Minister that the section would deliberately not be prescriptive so that we can take into account the experience and how the body is operating. It was the Minister’s view that it would be premature to determine what statistical information is most relevant at this point, and he came to that decision having considered the matter with his officials and having put a lot of thought into it. I hope that answers some of the Deputies’ questions.”
“In relation to the annual report, Deputy Carthy was curious as to whether it would be laid before the Houses of the Oireachtas. Section 20(4) provides that it would be presented to the Houses of the Oireachtas. As to what the contents of the report would be and what would form part of the report, that would be at the discretion of the Minister. Under section 20(3), the annual report "shall be in such form, and include such information in respect of the performance by the Director of his or her functions, as the Director considers appropriate or as the Minister may direct." As I outlined, under section 21, the director must submit to the Minister information on the number of notifications under article 8, the number of production orders refused and the type of data requested, the addressees and the grounds for refusal, etc.”
“The Department has been focused on the progression of the legislation and the recruitment of the director, which is nearing completion. The process of recruitment of staff of the office is under way and my officials are engaging with the Public Appointments Service on that matter. It is expected that 20 staff will be recruited to the office by the end of the year and the recruitment process will continue as and when required on a phased basis. I hope that answers the Deputies’ questions.”
“Current estimates suggest that the office could receive around 24,000 notifications each year and as the e-evidence package represents a new legal framework for obtaining electronic evidence across the EU, the exact number of orders that will be issued and, consequently, the number of notifications sent to the office will only be known once the regulation comes into effect. Deputies were also interested in the proposed cost of the office. An allocation of €2.8 million was secured in budget 2026 to establish the new office of the director of criminal justice international co-operation. The figure of €2.8 million reflects both pay and non-pay costs associated with setting up the office in 2026. This is a part-year cost. The approach to establishing the office as agreed by the Government has always been that it will do so on a phased basis.”
“In relation to the costs, the potential number of cases that will be going through the office and the number of requests made to the office, current estimates suggest that approximately 300,000 orders will be sent to service providers based in the State each year. This is based on the number of law enforcement requests currently received by the largest service providers based here. However, as only certain types of data request require a notification to be sent to the enforcing authority, the office of the director of criminal justice international co-operation will receive only a subset of those orders for review.”
“In any case, most of the statistical information will be provided by the director to the Minister under section 21. Also under section 21, the director must submit to the Minister information on the number of notifications made under Article 8 and the number of production orders refused. This must be done by type of data requested, address and grounds for refusal. Deputies were looking for further information on the impact on our court system. I assure Deputies that this impact will be minimal. For the purposes of this Bill, our courts will principally be involved in confirming compliance decisions, the imposition of fines and appeals. Our courts will otherwise not have a significant role in incoming orders issued by courts based in other member states.”
“The annual report shall provide information as the director considers appropriate or as the director may direct. The section deliberately did not prescribe in detail exactly what statistical data should be included, as we are setting up a new entity. Until we have some experience of how it operates, it would be premature to determine what statistical information is most relevant and available. My Department believes that we should maintain a flexible approach at this stage but I will put on the record that I see no reason for the information referred to in the amendment not to be included in future in an annual report. I also remind Deputies that the Freedom of Information Act will apply, so there will be no question of hiding information.”
“As I said, this legislation applies to criminal law enforcement bodies. We know that the Data Protection Commission is not one such body. We consulted the DPC about the general scheme and it commented on the benefit of information sharing with listed public authorities. An expert team from the DPC would have been in touch with my Department for detailed engagement on a written basis, which is not unusual. At this stage, I have nothing further to add about the matter.”
“On the Deputy's specific question about the format of the liaison with the Data Protection Commission, there was a lot of interaction with it about the scheme of the Bill. I advise Deputies that my Department, in accordance with Article 36.4 of the GDPR and section 84(12) of the Data Protection Act 2018, the Data Protection Commission was consulted about the specifics of the drafting of the Bill throughout. This was done in writing, not orally. The Data Protection Commission has carefully examined all data protection-related measures in the Bill and the related European measures at a very high level, and it did not identify a need for any such amendments or explicit provisions allowing for information-sharing agreements between the office and the Data Protection Commission. I hope that answers the Deputy's question.”
“The Data Protection Commission was consulted about this legislation and did not seek to have any special information-sharing agreements with the office. I hope that answers the Deputies' concerns.”
“Given that there could be a flow of data between the office of the director and those public authorities, provision is made in section 19 for information-sharing agreements to ensure the proper safeguarding of such data. The Data Protection Commission will not have a role in the issuing of European production orders and, therefore, it would not be appropriate to include a reference to the commission in sections 17 or 19. The Data Protection Commission does have a role in ensuring data is processed and the rights of data subjects are respected, and extensive powers to investigate any potential wrongdoing lie therein. The office of the director is subject to the provisions of the Data Protection Act 2018.”
“I thank Deputy Carthy for his amendments Nos. 4 and 5. I thank Deputy Ward for his comments on my appointment. Regretfully, I cannot accept the amendments. The definition of "public authority" in section 17(4) is intended to cover those Irish public authorities that have a law enforcement role and that may need to seek a European production order in the context of a criminal investigation into serious crime. The director in the role of central authority responsible for administration and transmission of such orders to other jurisdictions, and the receipt of data under Article 4.6 of the EU regulation, may have a role in assisting those bodies in the transmission of such orders and to pass on data received from service providers. That is provided for in section 17(1)(f).”
“That said, the provisions in sections 38 and 40 are specifically designed to allow the director to remedy breaches by service providers without the need to proceed to investigation or the imposition of fines. In particular, the director can seek a compliance report to clarify the issues and may enter into an agreement with the service provider setting out the steps to be taken to remedy any issues identified. Furthermore, there is a legal obligation on the legal officers under section 50(2)(f) to give special consideration to small and medium-sized enterprises when considering the imposition of fines.”
“The Department is not unsympathetic to small and medium-sized enterprises, which are the backbone of our economy. That is very much acknowledged. The web portal that will be used will have a minimal cost. The vast majority of orders in these cases will be directed to a small number of large service providers. However, where a small to medium-sized service provider is subject to an e-evidence order and holds electronic evidence related to the investigation of serious crime, it will have obligations under this regulation. That will be the cost of doing business in this industry. To relieve service providers of these obligations would likely create a gap criminals would exploit by moving to services offered by SMEs and would seriously undermine the effectiveness of the evidence package.”
“It states: the conduct for which the order has been issued does not constitute an offence under the law of the enforcing State, unless it concerns an offence listed within the categories of offences set out in Annex IV, as indicated by the issuing authority in the EPOC, if it is punishable in the issuing State by a custodial sentence or a detention order for a maximum period of at least three years. Annex IV contains a list of 32 categories of serious offences, all of which constitute offences under Irish law. It is not open to us to vary this EU provision, which is legally binding on the director. In the case of Irish law, the regulation is not in conflict with the intention behind the amendment, so the amendment is redundant.”
“If there is a case for non-compliance, there will be an administrative burden on service providers who are subject to investigation but that cannot be avoided if a proper, fair and impartial investigation is to be carried out. Amendment No. 3 seeks to introduce a double criminality provision. However, the question of double criminality is determined by the EU regulation. It is addressed in Article 12(1)(d) of the regulation, which provides one of the grounds for refusal of a European production order by an enforcing authority such as a director.”
“I thank the Deputy for his amendment. He sought information on the e-portal. Connection to the decentralised IT system for SMEs will be via a web portal and access will be provided to their nominated addressee. If the data being returned is less than 25 Mb it will be sent via the system, but if it is greater it will be sent via another secure means and the cost associated with this will be minimal. Unfortunately, I cannot accept amendments Nos. 2 and 3. The language of amendment No. 2 is quite vague and it would be effectively meaningless in practice. The legal obligations on service providers are determined by EU regulation and directive. It is not open to the director to alter them.”
“Article 12 sets out the grounds on which they may be refused and Article 10 provides a channel through which the service provider may alert the Irish enforcing authority when it considers the order would interfere with the freedom of expression. At this stage, I have nothing more to add.”
“To do so would place us in breach of our legal obligations under EU law. There are safeguards in the regulation to address instances with the execution of a specific order that might be in breach of fundamental rights. I set out in detail in my initial contribution these safeguards. This regulation shall not have the effect of modifying the obligation to respect the fundamental rights and legal principles enshrined in the Charter and in Article 6 of the Treaty of the European Union. The regulation also has specific safeguards whereby under Article 8, the Irish enforcing authority must be notified of incoming European production orders unless they relate to an offence in the issuing state committed by a person who resides in that state. Execution can be refused.”
“As we all know, we are members of the European Union and the Members opposite know well that we cannot include this provision. It is in breach of the treaties and our obligations as a member of the European Union. We all know that we have legal obligations in relation to this regulation and we simply cannot ignore that. If we were to enact the amendment, service providers would still remain obligated to execute orders. That would be without oversight from directors. For the reasons I have stated, I simply cannot accept the Deputies' amendment. We cannot rewrite the regulation. There is no legal basis for Ireland to include such a provision. The Irish Executive cannot unilaterally decide to suspend legal co-operation entirely with another EU member state that is party to this instrument.”
“Before raising any of the above refusal grounds, the director, as enforcing authority, has to contact the issuing authority to discuss the matter. The issuing authority may decide to withdraw, adapt or maintain the order. If there is no solution, the director may raise one of the grounds for refusal. If the director, as enforcing authority, raises one of the refusal grounds, they must inform the addressee and the issuing authority. The addressee then must stop the execution of the European production order and not transfer the data, and the issuing authority has to withdraw the order. I hope that helps the Deputy regarding his amendment and gives him some comfort.”
“Following an assessment, the director can raise the following grounds for refusal. The director can state that the data requested are protected by immunities or privileges under Irish law; that the data requested are covered by rules on the determination or limitation of criminal liability that relate to freedom of the press, freedom of expression and other media; that execution of the order would entail a manifest breach of relevant fundamental rights, as set out in Article 6 of the Treaty on European Union and in the charter, which speaks to the points the Deputy is raising on fundamental rights; that the execution of the order would be contrary to the principle of ne bis in idem , the double jeopardy concept; and that the conduct for which the order has been issued does not constitute an offence under Irish law, unless it concerns an offence listed within the categories of offences set out in Annex IV, all of which are offences under Irish law, if it is punishable in the issuing state by a custodial sentence or detention order for a maximum period of at least three years.”
“Under Article 8, the Irish enforcing authority must be notified of incoming European production orders unless they relate to an offence in the issuing state committed by a person who resides in that state, and execution can be refused. Article 12 sets out the grounds for refusal. Article 10 provides a channel through which the service provider may alert the Irish enforcing authority when it considers the order would interfere with freedom of expression. The Deputy might ask what happens after the director has been notified of a production order under Article 8 of the e-evidence measure. What are the practical steps? Where a director, as an enforcing authority, is notified by the issuing authority of a European production order, the director must assess the order and, where appropriate, raise one of several grounds for refusal.”
“The director is being made independent specifically to prevent any suggestion that a director might be subject to influence or direction from a member of the Executive as regards the implementation of judicial orders. That would not be right. The EU regulation already contains certain safeguards, including the provision in paragraph 3 of Article 1, which states that the regulation shall not have the effect of modifying the obligation to respect the fundamental rights and legal principles as enshrined in the charter and in Article 6 of the Treaty on European Union. The regulation also has specific safeguards.”
“I thank the Deputy very much for his amendment. I understand his concerns in relation to fundamental rights and countries not adhering to the rule of law as we might in Ireland. However, I regret that we cannot accept his proposed amendment. The e-evidence package provides for co-operation between member states of the EU. It does not allow any member state to unilaterally suspend its operation, and the proposed amendment would be in clear breach of our legal obligations under EU law. On a point of principle, giving a member of the Executive the power to interfere with the exercise of judicial functions by a judicial authority within the EU would be a breach of the democratic principles of the separation of powers under the rule of law.”
“I reiterate that the Government rejects the Labour Party motion, and I propose the Government amendment that more accurately reflects the reality of the situation.”
“The Government is committed to delivering on Ireland's responsibility to address the climate crisis, and work is ongoing on the next climate action plan. Work across our governance structures, key sectors and in government is under way to outline the key deliverables to continue to reduce our emissions in the most impactful of ways. The national energy affordability task force continues to work intensively on an energy affordability action plan to be submitted to the Government in quarter 3 of this year. The Government’s LEAP advances a plan-led approach for very large and energy intensive investments that will facilitate future investment while unlocking Ireland’s renewable energy opportunities.”
“These upgrades protect those homes and families from energy shocks and reduce their costs and energy consumption. The national energy affordability task force is working intensively on an energy affordability plan, which will be submitted to the Government in quarter 3. It will include measures that will enhance energy affordability for households and businesses while delivering key renewables commitments and protecting security of supply and economic stability. In closing, I reiterate that the Government’s amendment reflects the reality of the commitments in place and more importantly the tangible progress being made and further actions being taken to support and reduce emissions and to retain a prosperous and competitive economy, with targeted supports for households and businesses as required.”
“The Government is acutely aware of the pressure faced by high energy costs and is taking action to help households and businesses with the cost of energy. In recent months the Government introduced a €750 million package of fuel supports, which is among the largest per capita of any EU state. Previously, the Government included a range of measures in budget 2026 to help households with energy costs, namely, an extended VAT reduction on electricity and gas bills until 2030, an increase to the fuel allowance payment and expanded eligibility, which applies to about a quarter of Irish households, and a record allocation of €640 million for SEAI retrofit home energy upgrade schemes. Since 2019, we have invested over €1.8 billion in retrofitting and we have been able to provide energy upgrades for 268,000 homes.”
“Connecting such large energy loads is a challenge many energy systems are grappling with across the world. In response, the Government’s large energy user action plan, LEAP, published in January 2026, set out a plan-led approach for very large and energy intensive investments, including data centres, which due to scale and energy consumption will benefit from co-ordinated national infrastructure planning. LEAP will enable Ireland to capture next generation investment in a planned and managed way and unlock significant associated economic, employment and renewable energy opportunities. Alongside LEAP, the CRU data centre connection policy sets out what is required for new data centre connections, including the requirement to get 80% of its energy through new renewable electricity generated in Ireland.”
“According to independent analysis, the industry employs 19,500 people directly. Our technology sector, underpinned by data centre infrastructure, accounted for approximately 7% of our total workforce and over half of total services exports. Their value is evident and the Government remains committed to supporting sustainable data centre development as a result. It is important to note that unlike countries like the Netherlands, Germany and the UK, Ireland does not host a large, energy-intensive industrial sector. Ireland's industrial electricity demand is primarily concentrated in our digital economy. This is our core energy-intensive industry. Germany and other countries consume more electricity to support their heavy industry sites like car manufacturing, steel and chemicals.”
“It will lead to a better balance in decision-making that will lead to accelerated infrastructure while also preserving the rights of the public to access the courts on the legality of the decisions of public bodies. The motion also raised a number of concerns with respect to data centres. Data centres are central to Ireland's modern economy and play a critical enabling role across a wide range of digitally intensive sectors, enhancing the competitiveness of the Irish economy. They strengthen Ireland’s position as a strategic knowledge intensive regional hub for the ICT sector and also support broader retention and expansion of existing investment that supports billions in annual economic value for Ireland via high-wage employment, tax receipts and supplier ecosystems.”
“The Critical Infrastructure Bill is a central pillar of the Government's accelerating infrastructure report and will make a significant contribution to the prompt delivery of nationally important infrastructure while maintaining robust regulatory, environmental and planning safeguards. Accelerated delivery of infrastructure does not disapply our climate commitments or our national level targets, but recognises an urgent need for the completion of major infrastructure projects in the State. The Bill provides for the disapplication of section 15 of the Climate Action and Low Carbon Development Act 2015 in very limited circumstances for programmes and projects designated as critical infrastructure. It does not disapply our climate commitments or our national level targets.”
“Ireland currently has over 8 GW of renewable generation capacity, with over 5 GW onshore wind and 2.5 GW of solar PV installed, and hydro, biomass and other small sources contributing to the remainder. The Government has also prioritised unprecedented investment in our grid - of up to €18.9 billion, underpinned by €3.5 billion Government equity investment - and expanding our electricity energy generation, with an emphasis on renewable energy sources, which will be advantageous for all customers and will ensure Ireland's electricity grid continues to provide capacity to support the delivery of Government targets across society and the economy. Infrastructure delivery, and having a grid that is fit for purpose to support this, is critical to future success.”
“For example, Ireland is at the forefront of transitioning to an electricity system dominated by variable renewable energy sources, such as wind and solar, and we have achieved record breaking levels of renewable electricity generation, reducing our reliance on imported fossil fuels. Most notably, emissions from electricity generation are estimated to reduce by between 53% and 60% by 2030. Significant investment has taken place in increasing the technical flexibility of Ireland’s power system to enhance its renewable integration capabilities. The electricity system in Ireland can operate with up to 75% wind and solar at any given moment. The International Energy Agency, IEA, recognised this achievement as remarkable and a global milestone.”
“With regard to climate action, Ireland now has the lowest level of greenhouse gas emissions in 35 years, decoupling population growth and economic success from emissions. The EPA now projects that we are close to meeting our first carbon budget, and a decrease in emissions of between 13% and 25% by 2030. The work remains ongoing right across government to implement climate mitigation measures. The priority is driving implementation, particularly on high-impact measures with multiple societal and economic benefits. Climate action plans 2024 and 2025 provide the basis for this progress. Work is under way on the next climate action plan, with public consultation launched this week. The plan will continue to focus on the most impactful measures.”
“I welcome the opportunity to discuss the Labour Party Private Members’ motion on data centres, energy use and climate change. However, the Government proposes to reject this motion and put forward a countermotion. The Government is fully committed to delivering on Ireland’s climate ambition across all sectors and to progressing climate action in a planned and coherent way. Our approach ensures that sustainability, affordability, competitiveness and energy security remain central to this policy. This is reflected in our countermotion, where we demonstrate through effective and focused policies and measures that we are making tangible progress towards objectives of decarbonisation while supporting sustained economic growth for wider societal benefits.”
“I move amendment No. 1: To delete all words after "Dáil Éireann" and substitute the following: "notes that in relation to Climate Action: — last month, the Environmental Protection Agency (EPA) launched its latest Ireland's Greenhouse Gas Emissions Projections 2025-2030, which show that we are moving in the right direction and improving our performance compared with the previous year; — for the first time, the EPA now projects that we are close to meeting our first carbon budget, following a consistent trend of improving projections for that budget over recent years; — the EPA is projecting a decrease in emissions of between 13 per cent and 25 per cent by 2030 (from 2018 base); — emissions are reducing across many sectors while our population is growing, and our economy is growing; — we now have the lowest level of greenhouse gas emissions in 35 years, and we have decoupled growth from emissions; — Ireland is at the forefront of transitioning to an electricity system dominated by variable renewable energy sources, such as wind and solar, and indeed renewable sources generated almost half of Ireland's electricity in February, March and April of this year; — significant investment has taken place in increasing the technical flexibility of Ireland's power system to enhance its renewable integration capabilities – through storage and other technologies; — the electricity system in Ireland can operate with up to 75 per cent wind and solar at any given moment; and — there are now 241,000 electric and hybrid vehicles on Irish roads; in relation to, energy affordability: — the Government is deeply aware of the pressures placed on households and businesses by high energy costs, and has taken a number of steps to support households and business; — the National Energy Affordability Taskforce (NEAT) was established in June 2025 to identify, assess and implement measures that will enhance energy affordability for households and businesses while delivering key renewables commitments and protecting security of supply and economic stability; — in recent months the Government introduced a €750 million package of fuel supports, which is among the largest per capita of any European Union state, while Budget 2026 had a range of other measures; — the Value-Added Tax (VAT) rate on electricity bills has been reduced to 9 per cent VAT until 2030; — enhanced social protection payments have been introduced, including an increase to the fuel allowance rate and an expansion of the eligibility rules, which applies to about a quarter of Irish households; and — the NEAT continues to work intensively on an energy affordability action plan to be submitted to the Government in quarter 3 of this year; in relation to, infrastructure delivery: — a record allocation of €640 million in Sustainable Energy Authority of Ireland (SEAI) retrofitting schemes; — since 2019, we have invested over €1.8 billion in retrofitting, and we have been able to provide energy upgrades for 268,000 homes; — in the first quarter of 2026, over 12,000 homes have been upgraded through SEAI schemes, including over 1,500 homes at risk of energy poverty under the Warmer Homes Scheme; — since the formation of this Government, over 70,000 homes have been upgraded, including over 9,000 homes at risk of energy poverty under the Warmer Homes Scheme; — Ireland currently has over 8 GW of renewable generation capacity, and onshore wind is the largest contributor to this, with over 5 GW of wind generation capacity and 2.5 GW of Solar Photovoltaics installed, with hydro, biomass, and other small sources contributing the remainder; — Government approval was received in July 2025 for €3.5 billion investment in EirGrid and ESB to facilitate the investment programme of up to €18.9 billion out to 2030, and connection of 5 GW offshore wind; and — the Critical Infrastructure Bill 2026, is a timely and important piece of legislation and will make a significant contribution to the prompt delivery of nationally important infrastructure, whilst maintaining robust regulatory, environmental and planning safeguards; in relation to: — data centres are a very important part of Ireland's economic and digital present and future, and a key part of our value proposition for foreign direct investment; — the recent KPMG study on data centres, undertaken on behalf of the Department of Enterprise, Tourism and Employment, reports there are 19,500 directly employed in the industry; — Ireland's industrial electricity demand is primarily concentrated in our digital economy, this is our core energy intensive industry; — the Commission for the Regulation of Utilities (CRU) Data Centre Connection policy published in 2025, clearly set out what is required for a new data centre connection, including the requirement to get 80 per cent of its energy through new renewable sources; and — the CRU decision simply refers to market research data on 5.8 GW of prospective interest in data centre growth, rather than linked to any contractual demand in place at present; and further recognises that: — the Government is committed to taking further action to deliver on the twin objective of decarbonisation and digitalisation in a sustainable and affordable manner; — the Government is committed to delivering on Ireland's responsibility to address the climate crisis, and work remains ongoing right across Government to implement climate mitigation measures every single day of the week; — the priority is driving implementation, particularly on high-impact measures with multiple societal and economic benefits; — the Climate Action Plan will be more focused on the most impactful measures and will report on the ones that make the biggest difference; — the NEAT continues to work intensively on an energy affordability action plan to be submitted to the Government in quarter 3 of this year; and — the Government's Large Energy User Action Plan, published in January 2026 sets out a 'plan-led' approach for very large and energy intensive investments, which due to scale and energy consumption will benefit from coordinated national infrastructure planning.".”
“The Deputy's Bill seeks to build upon that foundation. We need to be aligned with EU thinking on this and related issues. We must balance any necessary actions with being open to the development and growth of new technologies. I commend Deputy Byrne on bringing forward this Bill. I commend it to the House.”
“There is an educational aspect in terms of how we can protect them emotionally from AI and in the social media space. We must evolve to meet the challenges that arise. We have a collective responsibility, across Departments and across the EU, in so far as we can, to channel technology where it may be of most benefit and to curb the instinct to misuse or abuse it. Technology should serve us, not be used as a tool to control or manipulate us. That really is the crux of the matter. Deputy Byrne's Bill prompts the House to consider its core purpose and key responsibilities. The GDPR protects our personal information, the EU AI Act will regulate the use of AI tools, Coimisiún na Meán regulates online content on our behalf and Coco's Law prohibits the publication of intimate images without consent.”
“That said, it is important for us to have the discussion and shine a light on the sort of vacuum that is there when it comes to legislation relating to technology and AI. The way it is exploding is frightening, particularly for the young and the old. We have seen older citizens subjected to financial fraud and crime, with texts that seem to be from their children, for example, claiming to have lost their phone and needing money. It is so simple and people are falling for it. Young people are being made the subject of AI-generated videos. Such content might not be something Deputy Ó Snodaigh or I would be upset by but young people seeing altered videos of themselves can have significant mental health implications. We really need to look at that. From an education point of view, young people must be taught resilience and strength.”
“One of the problems that we face in democracies is trying to keep apace with the speed at which we change, and the ability of companies to instigate commercialised products is effectively way faster than we can respond to them as legislators. That is a big problem we have across the EU when it comes to regulating cybersecurity, AI and the misuse of images. As we have outlined, the rapid development of generative AI raises diverse challenges across the board in relation to data protection, intellectual property rights, defamation, copyright and harms that more clearly fall into the criminal sphere. However, many of the issues that this Bill seeks to address might be better addressed or supplemented by civil remedies and regulatory models that we see coming from the EU.”
“Without needing to spend huge money on High Court fees, people can now go to the Circuit Court and get a Norwich Pharmacal order. That is a really big step in terms of trying to figure out who is behind these anonymous AI-generated posts. It is something that is really welcome. Regarding criminal legislation, I am committed - I know the Minister is committed - to ensuring it is sufficiently robust to protect people from digital harms. Technology is evolving rapidly. Dr. Mike Ryan's narrative that he used during Covid, namely, that we had to act fast, comes into play here. When we are drafting legislation, we obviously have to do it right, but we also have to act rapidly because the technology is evolving at such a rapid pace that it is hard for us mere mortals to keep up with it.”
“The new investigation will assess whether the company properly assessed and mitigated risks associated with the deployment of Grok's functionalities into X in the EU. This includes risks related to the dissemination of illegal content in the EU such as manipulated sexually explicit images, including content that may amount to child sexual abuse material. Coimisiún na Meán will continue to formally support the European Commission as it conducts its investigation into X. I suppose this case is really a test case for other AI platforms and we all will be watching what happens there. In relation to the review of criminal and civil legislation, if you look at the Defamation Act, the idea of changing the jurisdiction for Norwich Pharmacal orders from the High Court to the Circuit Court has really democratised access to justice.”
“I thank everyone for their contributions and Deputy Byrne for bringing this Private Members' Bill before the House. As Deputy Ó Cearúil says, Deputy Byrne was way ahead of the curve in relation to this. When they mention art imitating life, the Deputy's Bill came before the issues, especially when it came to Grok and the controversy we saw in late 2025. I noted something Deputy Ó Snodaigh mentioned in relation to Grok. On foot of the controversy and the concerns that we had, and as he will probably be aware, the European Commission launched a formal investigation of X under the Digital Services Act, DSA, on 26 January. Coimisiún na Meán is formally now involved with the European Commission in the investigation and was instrumental in the work leading up to its launch.”
“A criminal justice approach is applicable only after a deepfake has been deployed to cause harm and may well be an appropriate means to address the most egregious harms caused by the misuse of generative AI tools, such as the development, distribution and use of so-called nudification apps. On the other hand, a regulatory approach can enforce compliance, platform accountability and technical standards before deepfakes reach the public. I commend Deputy Byrne on bringing the Bill forward. I look forward to hearing the views of Members on it.”
“The proposed approaches include persistent visual labels, opening disclaimers for video and audible warnings for audio. These obligations apply from 2 August 2026. It is evident that Deputy Byrne's Bill is aligned with a considerable number of recent legislative reforms, whether criminal, civil or regulatory, that seek to impose appropriate guardrails to protect privacy and fundamental rights. However, I am not convinced the creation of new criminal offences, beyond what is already provided for, is necessarily the best strategy to address the issues the Bill seeks to tackle, particularly if undertaken without regard to the existing and developing regulatory framework.”
“These are, first, when AI interacts directly with people, second, when Al generates synthetic content, third, when Al is used for emotion recognition or biometric categorisation and, finally, when Al creates deepfakes or text published on matters of public interest. These obligations apply to all Al systems used in the four situations set out in Article 50, not just to high-risk systems. Deployers using Al to create deepfakes will be required to disclose that the content has been artificially generated or manipulated. Deployers publishing Al-generated text with the purpose of informing the public on matters of public interest will be required to disclose the text is Al-generated unless it has been subject to human review and editorial responsibility.”
“The EU Artificial Intelligence Act introduces a legal requirement that aims to ensure a high level of protection of health, safety and fundamental rights against the harmful effects of Al systems in the European Union. The new Al office of Ireland will be established in 2026 as an independent statutory entity which will act as the central co-ordinating authority for the EU Al Act. Under the Al Act, certain Al practices will be prohibited and certain Al systems and uses of Al by providers and deployers will be subject to legal requirements in terms of governance, transparency and responses to risks and incidents. The EU Artificial Intelligence Act regulates deepfakes, primarily through strict transparency obligations rather than outright bans. Article 50 of the EU Al Act introduces transparency obligations in four situations.”