I welcome Minister of State, Deputy Healy-Rae, to Seanad Éireann.
Nithe i dtosach suíonna - Commencement Matters
Child Protection
I thank the Minister of State for coming to the House. I wish him well in his role. It is an interesting role. It is in everyone's interest that he is successful.
I rise here today to ask a question that weighs heavily on the minds of many in this Chamber but, far more importantly, on the hearts of countless survivors throughout the country.
Why will the Department not commission a full inquiry into what went on in St. John Ambulance? The Shannon report, which we have all had the opportunity to review, is nothing short of damning. It reveals a legacy of abuse, institutional failings and systemic failure to protect the most vulnerable children and young people who trusted St. John Ambulance with their safety. These young cadets eager to serve their communities instead became victims of heinous crimes that were allowed to go unchecked for decades. The findings are harrowing. Predatory behaviour was pervasive, known to those in positions of authority and yet was not stopped. The report exposes a culture of cover-up, silence and the protection of abusers at the expense of these survivors. What is even more alarming is that while the Shannon report shed light on the abuses, it also highlighted the sheer lack of accountability, both past and present. There has been no real reckoning for those who failed these children. No one has been held accountable for what happened under the guides of this esteemed organisation, and I say that lightly.
How can we as nation stand idly by while those responsible remain in the shadows shielded from justice? Survivors have had to endure decades of silence being ignored and disbelieved. Many have carried the scars of their experiences in silence and left without closure or justice that a full public inquiry would provide. I acknowledge the tireless work Mick Finnegan, one of the survivors, has done. If it were not for Mick Finnegan the reality, is that it is very unlikely that the Shannon report would have been done and all of the abuse in St. John Ambulance would have come to light. He has been tireless, and it is important to acknowledge that. We owe it, not just to Mick Finnegan but to all survivors to demand transparency, accountability and a proper investigation into how this was allowed to continue for so long. The Department's refusal to commission an inquiry has left survivors feeling abandoned once again by the State, the very body that should be protecting them. It is not enough to say that the Shannon report addressed these issues. The survivors need more than a report. They need an inquiry that will shine light on every corner of this organisation's past to ensure that no stone is left unturned and that justice, however much delayed, is finally delivered.
We are at a critical juncture. The survivors of St. John Ambulance Ireland deserve our full support, they deserve to be heard and they deserve to know that those who enabled or turned a blind eye to their abuse will be held accountable. Without a full inquiry we are failing in our duty to them, we will allow the cycle of silence and cover up to continue. I urge the Minister to reconsider their position. The survivors of St. John Ambulance have waited long enough for justice. It is now time to act.
I am glad to be able to respond on behalf of the Minister with responsibility for children. I thank the Senator for raising this important issue and offering me the opportunity to respond.
The Government wants to acknowledge the trauma associated with sexual abuse in childhood, which continues into adulthood affecting many aspects of the victims-survivors' lives and the impact it has had on those victims-survivors. The Minister for children is clear that all of the recommendations in Dr. Geoffrey Shannon's report should be complied with as soon as practicable by St. John Ambulance Ireland. The Department of children has been assured that St. John Ambulance Ireland is fully committed to ensuring that it assists and provides support to all victims-survivors. A written organisational apology has been issued by St. John Ambulance to all known victims-survivors. The written apology has also been posted to the organisation's website to ensure transparency and awareness among victims-survivors and others. The Department of children has engaged with St. John Ambulance on a number of occasions since the publication of Dr. Shannon's report and will continue that engagement relating to the issues raised in that report and its 11 main recommendations, in particular in respect of support to survivors of abuse.
St. John Ambulance Ireland is not a body under the aegis of the Department of children. This is because it is independent in its functions as a registered charity. The Minister for children has no role in the governance of the organisation. Oversight of the governance of this charity is a matter for the Charities Regulator. That authority, under the remit of the Department of Rural and Community Development, is Ireland's statutory regulator for charitable organisations, including St. John Ambulance Ireland.
A key recommendation of Dr. Shannon's report was for the appointment of a national safeguarding officer to St. John Ambulance Ireland. In 2024, the previous Minister for children took the initiative to provide once-off funding for the appointment of a national safeguarding officer for St. John Ambulance Ireland for a specified period of 12 months. This was to ensure that recommendations from Dr. Geoffrey Shannon's report were implemented in full and to review the organisation's child safeguarding policies and procedures. This work is ongoing. The national safeguarding officer ensures that an extra layer of oversight and governance is present. This, in turn, strengthens the efficiency of the governance regime in the organisation. It should be noted the safeguarding officer is independent in his work from St. John Ambulance Ireland. The Department of children is still engaging with St. John Ambulance Ireland and progress is being made on the implementation of all 11 recommendations.
St. John Ambulance Ireland recently published its fourth progress report on the implementation of the recommendations, highlighting the progress it has made as an organisation. There have been many developments regarding the implementation of the recommendations. The national safeguarding officer was asked by St. John Ambulance Ireland to review the adequacy and effectiveness of the organisation's response to complaints of sexual abuse within the organisation. The safeguarding officer is reviewing the organisation's child safeguarding statement and its child safeguarding policy and procedures. It is understood that these are deemed to be robust and clear but that there are opportunities for enhancement. This review will be further informed by the outcome of an audit of all 22 St. John Ambulance Ireland branches throughout the country in respect of the implementation of Children First. The review is being undertaken by the national safeguarding officer.
St. John Ambulance Ireland has given assurances that the updated Garda vetting policy and procedures for 2025 have been approved by its board. The adult volunteer process specifies that members must undergo a Children First learning programme and the organisation's safeguarding programme training before they can be vetted. This is to prevent local branches allowing people to attend for duties when they are vetted but without the appropriate safeguarding training. This is very important. Members being revetted must have completed Children First e-learning and St. John Ambulance Ireland safeguarding training in the same calendar year as their vetting. Following the recommendations by the national safeguarding officer, a new risk assessment template is being developed as part of the revised child safeguarding statement. It is recommended that a yearly safeguarding workshop be made mandatory for all members of the organisation involved in leadership. This will be an opportunity to upskill and update on safeguarding matters.
St. John Ambulance Ireland recognises that safeguarding best practices will continue to evolve and the Department of children will continue to review its operations to ensure they meet and exceed the standard so the mistakes of the past do not happen again. St. John Ambulance Ireland has made supports available to those affected following the publication of the report, including outreach support and counselling and therapeutic services funding by the organisation. These supports are provided on an anonymous basis and funded in full by St. John Ambulance Ireland.
Officials from the Department of children are due to meet the commissioner of St. John Ambulance Ireland and the national safeguarding officer in the near future to further review the implementation of Dr. Shannon's recommendations and the ongoing work of the national safeguarding officer. In light of the progress made to date, and the comprehensive and robust measures already in place and due to be put in place, it is the view of the Minister for children that a statutory inquiry is not required. St. John Ambulance Ireland is making continued efforts to ensure that all of Dr. Shannon's recommendations are fully implemented. The Government looks forward to further progress being made on the implementation of Dr. Shannon's recommendations and the finalisation of the work of the national safeguarding officer this year.
I thank the Minister of State. I have heard that response before - that is being honest - and it is not acceptable. No one has been held accountable for the abuse at St. John Ambulance. An apology is not enough. Survivors have been to hell and back. Some are struggling with homelessness and addiction and are struggling to cope. An apology is not good enough and accountability is what is needed. There was significant organisational awareness of this abuse, which went unchecked for decades, and we need to do more. We need to hold people to account.
The Minister of State mentioned that the Government had no role in the running of St. John Ambulance, yet it gives money and allocates funding and resources to St. John Ambulance. As I mentioned earlier, justice delayed is justice denied, and the survivors of the St. John Ambulance abuse deserve more.
I thank the Senator. The national safeguarding officer is conducting an audit of each of the 22 St. John Ambulance Ireland branches in respect of Children First compliance. This is a very important step. It will ensure that all local branches have an on-site designated child safeguarding officer, and that each branch has its own bespoke child safeguarding statement with adherence to the Children First legislation. It will also ensure that adequate child safeguarding training practices are in place. Furthermore, it will ensure proper management of reports of concern or allegations of child abuse and the reporting of same to the Department of children.
St. John Ambulance Ireland has informed the Department of children that it will continue to provide regular updates to its response document on the implementation of the Shannon report recommendations, with the latest one received this month. With respect to the therapeutic supports for survivors, the Department of children has been advised by St. John Ambulance Ireland that a counselling service is in plan. Service level agreements were put in place with recognised counselling service providers. These counselling services are available to victims and survivors through recognised providers, fully funded by St. John Ambulance Ireland. This support continues.
St. John Ambulance Ireland has committed to a robust implementation of child safeguarding practices and procedure. The organisation now has measures in place to ensure it will never be complacent about child safeguarding, and is committed to maintaining best practices on a continuous basis. Officials from the Department of children will continue to liaise with St. John Ambulance Ireland to ensure continued progress on the implementation of Dr. Shannon's independent review report recommendations.
School Transport
The Minister of State, Deputy Moynihan, is welcome.
Every autumn, when students are about to back to school, any of us who live in rural areas are inundated with contact from parents distressed over the fact that their child has not got a school bus ticket for the coming school year. They are only notified of this within maybe a week or two of returning to school. It mostly applies to post-primary school but it can apply to primary school as well. It is based on the Department rules which set down that you have to live not less than 3.2 km from your local primary school or 4.8 km from your local secondary school, and be attending your nearest school to be deemed eligible and, therefore, get a school bus ticket.
I know that what are called temporary alleviation measures, which were drafted in 2019, introduced and have been in place since, allow students in second level schools to get a bus ticket to attend their second-nearest school. They do have to pay for it, even if they have a medical card, but at least they can get and are assured of a school bus ticket.
It meant that all the other students there were waiting to see if there was space on the bus so that they could get a concessionary school place. This is very stressful for parents. For example, there are four schools in Cavan, two in Granard, one in Oldcastle, and they are all within a similar distance of each other from where I live. If my children were to attend any of those schools, they could be deemed to be the third or fourth nearest school, even though they are all a similar distance away. Last August, 18 students in my area who had bus tickets for a bus going to one of the schools in Cavan were told within two weeks of the beginning of the school year that they had no bus ticket. Some of them had bus tickets for four years and, suddenly, they were left without transport to school. This again was very stressful for parents. This meant that parents who were working and who had younger children that they had to get to crèche or primary school were scrambling for a number of weeks to try to get their children into school. It was resolved after some time but I do not know why it could not be resolved before they were due to go back to school.
In the meantime, a school transport review had been carried out. It was published around February last year. It made a number of recommendations, namely, to reduce the distance for primary school from 3.2 km to 2 km, and then to 1 km, and for post-primary to 2 km from 4.8 km. More importantly, it also recommended the abolition of the nearest school rule. Are those recommendations being actually implemented in the 2025-26 school year? If so, it means that practically all students applying for a school bus ticket will be deemed eligible, which then means we will need much-increased capacity. Has the Department of Education invested in the school fleet within Bus Éireann? It will have to rely on private contractors to provide some of the services, as it does now, but there are not sufficient private contractors to provide a service for the increased capacity if these recommendations are implemented in this school year. There is also a problem getting drivers. Has been that addressed? Acquiring additional buses and the drivers to drive them requires planning. It cannot be done in a matter of a few weeks. The portal is currently open for students to pay for their school bus ticket or to put in their medical card details and therefore, the Department will know fairly soon how many students are applying for bus tickets. The planning needs to have started long before this to ensure that there is sufficient capacity to accommodate all the students who require a bus place.
I thank the Senator for her question on school transport. The School Transport 2030 report, which was published in early 2024, marks the largest review of the school transport system since it was established in the late 1960s. I am committed to working to achieve the report's recommendation of expanding access to the scheme so that an additional 100,000 pupils can be carried by 2030 and to continue to improve the scheme so it provides a valued service to those families who rely on it, while providing value for money for the Exchequer.
The recommended changes to the future operation of the scheme include the expansion of the current eligibility criteria, addressing current operational challenges and moving towards better integration with public transport where possible. A phased implementation of the reviewer's recommendations began at the start of the current school year, 2024-25. As was indicated at the time of the launch of the review, a number of pilots were trialled in the 2024-25 school year, in conjunction with the Department of Transport and Bus Éireann. As was also indicated at the time, it was intended that following closure of the application process for 2024-25 school year, consideration would be given to further potential pilot projects around the country. To that end, I note that the Senator said that the portal is currently open. We are awaiting the figures when that is completed. A total of 14 pilot projects are under way this year. These pilots are currently being evaluated and they will provide a valuable insight into the impact of increased demand on the scheme, the potential for integrating public transport, which is not always possible in rural areas such as the Senator mentioned and, indeed, in the area I come from, and opportunities to promote more sustainable models of transport. The findings from the evaluation will guide the planning and implementation needed for a national roll-out of a revised school transport scheme.
Bus Éireann’s family portal is now open to accept new transport applications for the 2025-26 school year, and planning for the 2025-26 school year is well under way between the Department of Education and Bus Éireann.
It makes sense, where possible, to integrate school bus services with public services. However, as the Minister of State said, that is not always possible. For example, where I live is very rural, as is where he lives. For environmental reasons, it is important to switch as many students as possible from using cars to using buses. It also gets young people into the habit of using bus services, which, we hope, will become a lifelong habit whereby they will continue to use public bus services and train services, etc., where they exist. However, that does not indicate whether increased capacity will be put on school bus services even though, as I said, the integration to the public service is well and good.
We also have a problem with drivers. Bus Éireann has a rule about drivers having to retire at 70. That is not the case if you drive a private bus or a truck, so I do not know why that rule cannot be changed to allow bus drivers to continue to work after the age of 70, if they so choose. I know a number of bus drivers who did not want to retire at 70 and were forced to do so.
I hope that there will be increased capacity in order that all students will be accommodated come September or August when they return to school, and that they will not be left in a situation in which they have been in previous years with no school bus service in the run-up to their return to school.
I thank the Senator for the question. This year, 25 April is the final date by which families can apply on the portal. It is important that date is out there and that families know about it. Indeed, most families availing of it do know about it at this stage. When those figures come to hand, we will review what is necessary. In our experience, from August onwards, families get the routes and so forth, then the challenges come in and it takes some time to work through them. My commitment is that we will work with the review, work with the pilot projects and work very hard to make sure we can accommodate as many students as possible. The flashpoints are at second level but there are also a number of issues in respect of primary schools.
I take the point the Senator made regarding over-70s, which is something we in the Department want to review and clarify. Nevertheless, I remind her we are committed to increasing school transport and implementing the recommendations in the review on expanding access to the scheme, which was published in 2024, as fairly as possible to ensure we can provide transport for students.
I thank the Minister of State. We have five guests visiting us with Deputy Ó Snodaigh. They are very welcome to the Chamber.
National Planning Framework
I welcome the Minister of State, Deputy Christopher O'Sullivan.
I thank the Acting Chairperson for the opportunity to raise this important and urgent matter, and the Minister of State for being here.
The national planning framework, NPF, is a cornerstone of Ireland's efforts to plan for sustainable growth, address regional imbalances and, critically, respond to the housing crisis, which is gripping our nation and which I have mentioned here on many occasions. The most recent data from the Central Statistics Office has shown that Ireland's population has increased by a remarkable 8%, resulting in over 5.1 million people now living here. This is an extraordinary demographic shift but it also brings extraordinary challenges regarding housing and infrastructure. The figures speak for themselves. New homes need to be built quickly if we are to meet the needs of this growing population.
The NPF was originally launched in 2018 as part of Project Ireland 2040 and had clear objectives to guide population growth, development and infrastructural investment over the next two decades. Despite the urgency, however, there has been a disappointing lack of momentum in revising the NPF to reflect the realities of Ireland today. As of now, the revised draft of the NPF has been completed and was opened for public consultation last July.
However, I note that this process has taken longer than anticipated. It is an issue of significant concern in the context of the housing emergency.
The NPF cannot succeed in isolation. Its revision is merely the first step in a three-stage process. The updated NPF must be completed, the regional spatial and economic strategy, RSES, must be revised to align with the NPF's targets, and the county development plans must be amended accordingly to ensure that the new housing numbers that are needed can disseminate effectively to local authority areas.
The hierarchy I have mentioned is fundamental, yet it is inherently time-consuming. In his most recent answer in the Dáil on this subject, the Minister, Deputy Browne, did not provide clear timelines for these stages. This omission underscores the need for urgency and clarity in the months ahead. Setting and adhering to hard dates for the NPF revision, the RSES updates and the county development plan amendments is not optional. It is imperative to enable all stakeholders to plan ahead.
We must explore practical situations to alleviate housing pressures while awaiting the formal conclusion of the NPF revision process. One such solution is allowing local planning authorities limited discretion to release housing on tier one lands, which are lands that are already zoned and fully serviced. This would provide a much-needed pressure release valve, enabling strategic development on land designated as new residential phase 1 or future residential phase 2. This temporary measure would not undermine the integrity of the NPF process. Rather, it would demonstrate the Government's agile and responsive approach to the immediate challenges we are facing.
Ultimately, we must recognise the NPF for what it is and not just see it as just a bureaucratic framework. Rather, it is a vital road map for Ireland's future. Its successful implementation and the timely delivery of housing on the ground will determine how we face the growing population and allow us to face it with bravery. I urge the Minister of State to outline specific timelines for all the three stages I have outlined. Failure to do so risks deepening an already critical situation.
It is great to see this issue being raised in such a specific way and the urgency across both Houses, which is necessary. I will try my best to give the Senator updated timelines. Perhaps these will not be exact dates, but I hope to shed some light on the timelines he is seeking.
The national planning framework 2018 is the 20-year strategy for strategic planning and sustainable development of our urban and rural areas to 2040 with the core objectives of securing balanced regional development and a sustainable approach to the form and pattern of future development. Since the NPF was first published in 2018, the regional strategies and local authority development plans have largely been updated to reflect the objectives of the NPF. In 2023, the Government commenced the process of revising the NPF to take into account changes that had occurred in the intervening years. The finalisation of the approval process for the revised NPF plays a key role in delivering on our broader objectives across Government, in particular, the scaling up of housing supply over the coming years.
The draft revised NPF was subject to public consultation between July and September 2024, with 272 submissions received. A schedule of amendments to the draft was considered and agreed by the previous Government on 5 November. This has allowed for the completion of the environmental assessments that are required by EU law. Subject to Government approval - I hope this goes some way towards answering the Senator's question - and following a positive resolution of both Houses of the Oireachtas, given that it has to go through both Houses, it is possible to conclude the revision process in the coming weeks and for the final revised NPF to be published.
The final revised NPF will provide the basis for the review and updating of regional spatial and economic strategies and local authority development plans to reflect matters such as updated housing figures, projected jobs growth and renewable energy capacity allocations, including through the zoning of land for residential, employment and a range of other purposes.
The draft revised NPF, as agreed by the Government on 5 November, sets out a need to plan for the delivery of approximately 50,000 additional housing units per annum nationally to 2040.
Decisions relating to the location and quantum of lands zoned for housing within each local authority development plan are for the elected members of each local authority, having regard to the provisions of the finalised revised NPF and relevant guidelines issued, including any further policy direction provided by the Minister.
The key next step, further to the finalisation of the NPF revision, is to address, through the issuing of further policy direction by the Minister for Housing, Local Government and Heritage, the spatial distribution of the housing requirement by local authority area through the provision of updated planned housing requirements on a local authority by local authority basis. This will also ensure more land is zoned than will actually be required to ensure competition and choice in the land market. It will result in the need to plan for more housing delivery than the capacity currently available within development plans across the country, including the scope for strategic planning for transport-orientated development in and around Ireland’s five cities to support the delivery of new sustainable communities at brownfield and greenfield locations along existing or planned high-capacity public transport corridors.
The requirement on a local authority basis will be based on a balanced methodology that factors in the level of housing demand arising, the performance in terms of recent housing delivery and the capacity, while ensuring adherence to the policy parameters of the NPF strategy. Work on this stage is under way and is based on the current revised draft NPF housing figures.
I thank the Minister of State for his response. It is good news we are nearly there with the NPF but I must express concerns regarding the timing and practical implications. As I mentioned, Ireland's population has continued to grow significantly and, since the last census in 2022, it has grown by 230,000. My worry is that the data that has been published is already outdated, which will leave us unprepared to meet present and future housing demands.
Ensuring the swift implementation of the NPF, RSES and the county development plans is essential. As I mentioned, we need clear timelines but, in the meantime, will the Minister of State consider interim measures, such as allowing local authorities to release additional housing on fully serviced tier 1 lands? That would offer immediate relief to communities facing acute housing needs without undermining the formal NPF process.
I will bring back to the senior Minister and the Department the Senator's suggestion to release lands that are zoned, serviced and ready to go in order that local authorities might be in a position to deliver much-needed housing on those. I take the Senator’s original point about the speed at which this has moved. It could have happened faster and it needs to happen faster. I spoke to the Minister recently about this and there is a sense of urgency in terms of finalising the NPF.
With regard to the county development plans, it is welcome that a direction will be given to local authorities to open up their county development plans again and to make sure that, where there is appropriate land, brownfield sites will be developed to deliver those houses. Unfortunately, the NPF has to be passed by both Houses of the Oireachtas before a direction can be given to local authorities to open up their county development plans, so that is urgent.
I welcome the Senator’s comment on regional development, which is key. I also hear his point on the regional spatial strategy, which has to be sequential and within an appropriate timeline.
I again thank the Senator for raising the matter. I will come back to him on his suggestion.
Domestic, Sexual and Gender-based Violence
I wish to speak today about gender-based violence, the prevalence of which is still shockingly high in Ireland, where we are still very much facing an epidemic of gender-based violence. How we respond to gender-based violence needs to be strengthened, but to truly address GBV, we need to look at the prevention angle. The online sphere is a major contributing factor to GBV.
Young people are spending significant time online, where they are being exposed to extremely harmful forms of masculinity with influencers who promote a regressive form of masculinity that promotes sexual and gender-based violence and contributes harmful attitudes and behaviours towards women and girls, including the likes of discriminatory and hateful language.
Studies have shown that long-standing exposure to this type of very misogynistic content is contributing to how boys perceive girls. It is within this context that I wanted to have a debate with the Minister for media - though I am delighted that the Minister of State, Deputy Healy-Rae, is here – on the issue specifically as it relates to the social media recommender algorithms, which contribute significantly to pushing boys and young men down these rabbit holes of deeply misogynistic content online. While in theory we have Coimisiún na Meán in place to regulate the online space, the reality in practice is nothing the commission is doing right now actually solves the issue and tackles the issue of the recommender algorithms. A deeply reckless attitude is being taken by social media companies vis-à-vis the misogynistic and harmful content we are seeing online. In addition, the code of practice for video-sharing platforms does not tackle the material impacts of intimate partner abuse for anyone over 18. Indeed, we have seen some legal actions being taken by several social media platforms, arguing that they do not fit the criteria for video sharing, so the code of practice does not apply to them.
There is clear evidence that sharing intimate partner images connects strongly to intimate partner abuse. Therefore, tackling online safety and the sharing of material without consent is a critical part of dealing with gender-based violence as well as domestic violence.
Victims of online abuse are predominantly women, often women from marginalised backgrounds. They face harassment, threats, doxing and non-consensual sharing of images. This can lead to things like psychological distress and, in some cases, self-harm, and we have had cases of suicide.
The fear of online abuse silences voices and creates a chilling effect as it comes to freedom of expression. People do not want to speak out or stand up for their rights because they are concerned that online harassment could be used against them. We currently have no meaningful mechanism for an individual to get sensitive images and content taken down, with the exception of hotline.ie, which is an organisation that is doing stellar work but with incredibly limited resources.
As we all know in this room, Ireland holds a unique position, hosting many of the world’s largest tech companies for their European headquarters. It is within that context that Ireland should be leading and regulating the online space regarding preventing gender-based violence. The current legal framework we have, including the Online Safety and Media Regulation Act, needs to be strengthened to have clear accountability for platforms. Right now, it is not working.
Regarding how we regulate the online space, we also need to look within our education system and at what we are doing to tackle online violence in schools and education settings, with students but also with teachers and parents. This needs to be an holistic response. We cannot approach issues of this type from just one angle when we are trying to tackle them.
I would welcome the Minister of State outlining exactly what the Department of media is doing in respect of the recommender algorithms but also, more broadly, the specific actions being taken in collaboration with the Department of Education to tackle this issue in schools.
I am grateful to have the opportunity to represent the Minister and give the response. We are all no doubt aware of the importance of online safety and I am happy to provide the Senator with an update on the status of the work in this area. Achieving online safety in the prevention of gender-based violence requires a cross-sectoral effort to coincide with efforts being made within the Department and the new media regulator, Coimisiún na Meán, and at EU level. I acknowledge from the outset the collaborative work undertaken across Government and civil society organisations under the national strategy on domestic, sexual and gender-based violence, which is led by the Department of Justice.
There is now a significant body of legislation providing the foundation for Ireland’s online safety framework, including the regulation of social media. Coimisiún na Meán, as Ireland’s new online safety and media regulator, is at the heart of that framework. It was established under the Online Safety and Media Regulation Act, which is one of three main elements of the framework and which transposed the EU audiovisual media services directive. The other two elements are the EU Digital Services Act, under which the commission is Ireland’s digital services co-ordinator, and it is a competent authority in respect of the EU terrorist content online regulation.
As provided for under the OSMR, the commission adopted and applied the new online safety code for designated video-sharing platforms established in Ireland, including TikTok, Facebook, Instagram and X. The code sets out what they must do to protect users. Part A of the code has general obligations and has applied from 19 November 2024 and the commission is supervising compliance. Under Part A, designated platforms must provide for protections to minors from content that may impair physical, mental or moral development, or to the general public from content which incites hatred or violence, is racist or xenophobic. Part B, which will apply from 25 July 2025, has more specific obligations, such as: prohibiting the uploading or sharing of harmful content on their services, including cyberbullying, promoting self-harm or suicide and promoting eating or feeding disorders as well as incitement to hatred or violence, terrorism, child sex abuse material, racism and xenophobia; using age assurance to prevent children from encountering pornography or gratuitous violence online; and providing parental controls for content which may impair the physical, mental, or moral development of children under 16.
Threatening violence online is illegal. Under the Digital Services Act, online platforms must provide a way for people to report content they think is illegal. Platforms must respond to these reports in a timely and diligent manner. They must also consistently enforce their own terms and conditions relating to content. The DSA introduced stringent obligations for designated very large online platforms, VLOPs, to carry out risk assessments and take mitigation measures in relation to the availability and exposure of users to illegal online content. This includes content related to existing criminal offences in Ireland, for example certain abusive, threatening or offensive communications as detailed in Coco’s law, the Harassment, Harmful Communications and Related Offences Act 2020. Coimisiún na Meán, as Ireland’s designated digital services co-ordinator under the DSA, will support the European Commission in enforcing these obligations. The role of Coimisiún na Meán is to ensure that online platforms are complying with the law, including that their content reporting systems are working effectively.
With regard to protecting children and young people from harmful online content, under the DSA, very large online platforms must address this risk of exposure, including by means of age-verification or age-assurance. A failure to comply with any of these measures can lead to significant financial sanctions, and under the OSMR, continued non-compliance can lead to criminal sanctions for senior management. The Act also covers restrictions on recommender systems and algorithmic content. The European Commission is lead regulator for very large online platforms and very large online search engines, VLOSEs. It is important to state that enforcement of DSA obligations is already happening. The focus of the DSA is on making sure that platforms carry out risk assessments and take measures to reduce the overall availability and algorithmic amplification of harmful online content. The European Commission launched a number of investigations relating to potential breaches of the DSA regarding recommender systems, including into potentially addictive designs and the amplification of harmful online content. These investigations are ongoing and will likely conclude in the near future.
Of all the things anybody could talk about, and of all the issues a person could raise, this is extremely important. It is something that every one of us in both Houses of the Oireachtas should be extremely concerned and worried about. Nothing is more important from the point of view of protecting children than protecting people from some of the horrible things that are out there online at present. The children of today are exposed to so many awful and horrible things out there, which they should never be exposed to. What the Senator is trying to achieve today is very important.
I thank the Minister of State. Before I come back to the Senator, I welcome guests of Senator Garret Ahearn who are in the Chamber with us today. They are very welcome. I presume they are from Tipperary, the premier county. I welcome the Walsh family along with Sisters from the Cross and Passion Order. I wish them all a wonderful tour here today.
I am delighted that the Minister of State feels this is an important issue and that it requires cross-party support, a cross-departmental response and an holistic response.
I agree with the message behind that. However, I push back on the idea that the content reporting systems Coimisiún na Meán is implementing work; they do not. We have heard from civil society bodies such as Women's Aid, Safe Ireland and the National Youth Council that the work it is doing with respect to the code of conduct, code of practice and regulations is really softball. We need to do more, and that means regulating social media companies with headquarters here. We could lead on this in Europe. We cannot shy away from the reckless attitude being taken by social media companies. They are genuinely not willing to do anything. Meta and X have now pulled back their expressions around online safety commitments. Regulatory restrictions are first and foremost for safety. That is the key. It is not all of it but it is a critical part of addressing the recommender algorithms, which, as we know and recognise given that so much research has been done on them, push young men and women towards harmful content online.
As I outlined throughout my remarks, there have been a lot of developments in recent years with regard to online safety in a general sense, the prevention of gender-based violence and recommender algorithms. Further steps in online safety will come in July, with the application of Part B of the online safety code. There is also an upcoming evaluation of the EU's audiovisual media services directive, to which Ireland is contributing. This will further strengthen the area of online safety. Our efforts to achieve online safety will continue to be driven by working together with our colleagues across Departments, Coimisiún na Meán and colleagues at EU level.
Cuireadh an Seanad ar fionraí ar 3.21 p.m. agus cuireadh tús leis arís ar 3.30 p.m.
Sitting suspended at 3.21 p.m. and resumed at 3.30 p.m.