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Legislative Measures

Dáil Éireann Debate, Tuesday - 26 July 2022

Tuesday, 26 July 2022

Questions (750, 786, 787)

Cian O'Callaghan

Question:

750. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to an opinion issued by the European Commission in respect of the compatibility of elements of Part 4 the electoral reform Bill 2022 with the E-Commerce Directive (details supplied); the steps he will take to ensure that the legislation conforms with EU law; if his Department has referred the new Part 5 of the Bill on misinformation and disinformation to the Commission for examination; if he will make public the anticipated timeline for same; and if he will make a statement on the matter. [41347/22]

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Eoin Ó Broin

Question:

786. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the Government's position with respect to the detailed opinion from the European Commission on the Electoral Reform Bill 2022 as set out in notification 2022/0184/IRL; the reason that he failed to inform the Houses of the Oireachtas of this detailed opinion during the passage of the legislation; if any of the last-minute amendments introduced in Seanad Éireann were a response to the Commission's opinion. [41620/22]

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Eoin Ó Broin

Question:

787. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if amending legislation to the Electoral Reform Bill 2022 will now be required in response to the European Commission's detailed opinion on the Bill as set out in Notification 2022/0184/IRL. [41621/22]

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Written answers

I propose to take Questions Nos. 750, 786 and 787 together.

The Electoral Reform Bill 2022 was recently passed by both Houses of the Oireachtas. As I outlined during the debate on the Bill in the Dáil on 13 July , Parts 4 and 5 of the Bill were notified to the European Commission under Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, otherwise known as technical regulation information system (TRIS) notification process.

The process provides an opportunity for stakeholders and the European Commission to provide comments or observations on the relevant provisions in the Bill and is standard practice in such pieces of legislation. Under the notification procedure, there is a 90 day standstill period following notification to the Commission to allow for the consideration of any relevant observations/comments received from the European Commission and affected stakeholders.

Following the publication of a detailed opinion by the EU Commission on Part 4 of the Bill, the standstill period has been extended to 5 August 2022. The standstill period in relation to Part 5 of the Bill runs until 31 August.

My Department will continue to liaise with the European Commission and the relevant provisions in the Electoral Reform Bill will not be commenced before all comments, observations (including any detailed opinions from the Commission) have been fully considered.

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