AI Summary of the legislation first published earlier today in Ireland….. Because no-one has the time to read the 180 page legal document….. But it’s probably important to do so to validate this AI content when it comes to legislation.
Add your thoughts in the comments about what you think this is going to mean going forwards….. 🧐🧐🧐🧐🧐
The document outlines the General Scheme of the Regulation of Artificial Intelligence Bill 2026, detailing the establishment, functions, and governance of the AI Office of Ireland, along with provisions for market surveillance, supervision, enforcement, and administrative sanctions related to AI systems.
Long Title and Purpose of the Bill
The Bill aims to implement the EU AI Regulation (2024/1689) and establish the AI Office of Ireland.
It amends several existing acts to align with the new AI regulatory framework.
Short Title, Commencement, and Citation
The Act is titled the Regulation of Artificial Intelligence Act 2026.
It will commence on a date set by the Minister, allowing for phased implementation.
Definitions and Interpretations
Key terms such as “AI Act,” “Economic Operator,” and “Market Surveillance Authority” are defined.
The definitions ensure clarity and consistency in the application of the Act.
Establishment of the AI Office
The AI Office of Ireland will be established as a statutory body on a designated day.
It will serve as the central authority for AI regulation in Ireland.
Functions and Powers of the AI Office
The Office will facilitate enforcement of the AI Act, promote AI innovation, and provide technical expertise.
It is designated as a Market Surveillance Authority and a Single Point of Contact for the EU.
CEO Accountability and Delegation
The CEO is accountable to the Board for any delegated functions, ensuring clear responsibility and oversight.
The CEO can revoke delegations with Board consent, allowing flexibility in operational management.
Delegated functions do not include those with conditions prohibiting further delegation, preserving Board integrity.
Resignation and Removal of CEO
The CEO can resign by notifying the Minister, effective upon receipt.
The Minister can remove the CEO for incapacity, misbehavior, or necessity for effective Office performance.
A statement of reasons for removal must be provided to the CEO.
CEO Accountability to Committees
The CEO must provide evidence to the Public Accounts Committee on financial transactions and operational efficiency.
The CEO cannot question government policies during testimony.
This accountability framework supports the Office’s independence and financial control.
Board Membership and Governance
The Board consists of 7 members, including the CEO as an ex officio member.
Members are appointed by the Minister, ensuring relevant experience and gender balance.
Terms of office are limited to 5 years, with a maximum of 10 years for reappointments.
Disclosure of Interests and Confidentiality
Individuals involved with the Office must disclose any beneficial interests in matters under consideration.
Non-disclosure may lead to removal or contract termination.
Confidential information must not be disclosed without authorization, ensuring protection of sensitive data.
Market Surveillance Authorities and Their Powers
Market Surveillance Authorities (MSAs) are designated to ensure compliance with the EU AI Act 2024/1689.
They possess extensive powers under Article 14 of the Market Surveillance Regulation, including document requests, inspections, and penalties.
Designation of MSAs in Ireland
Six authorities in Ireland are automatically designated as MSAs for the AI Act, as per S.I. No. 366 of 2025.
Additional public bodies are also designated for specific sectors, ensuring comprehensive market surveillance.
Incident Reporting and Management
MSAs are responsible for receiving reports of serious incidents from providers of high-risk AI systems.
Procedures for managing these reports align with the Market Surveillance Regulation and require timely notifications to relevant authorities.
Temporary Authorisation for High-Risk AI Systems
MSAs can grant temporary authorisation for high-risk AI systems in exceptional circumstances, such as urgent public needs.
Authorisations are limited in scope and require ongoing monitoring by the provider.
Cooperation and Information Sharing
MSAs may enter cooperation agreements to facilitate information sharing and streamline enforcement.
They are also required to maintain confidentiality and cybersecurity measures in their operations.
Indemnity for Authorised Officers
Authorised officers are indemnified by the Market Surveillance Authority (MSA) for actions taken in good faith while performing their duties.
This indemnity protects against personal liability for actions such as inspections and issuing notices.
Powers of Authorised Officers
Authorised officers can enter premises, inspect products, and require information to ensure compliance with the AI Act.
They have the authority to secure premises, take samples, and detain products suspected of non-compliance.
Procedure for Risky AI Systems
MSAs must evaluate AI systems suspected of presenting risks, especially to vulnerable groups.
If non-compliance is found, operators must correct issues or withdraw systems within 15 working days.
Contravention and Prohibition Notices
Authorised officers can issue contravention notices for regulatory breaches, requiring corrective actions.
Prohibition notices can be served for serious risks, directing immediate compliance or withdrawal from the market.
Administrative Sanctions and Appeals
Economic operators can appeal contravention or prohibition notices to the District Court.
The MSA may impose penalties for non-compliance, ensuring enforcement of the AI Act.
Ministerial Rules for Adjudication Process
The Minister for Enterprise can create rules for referrals and adjudication applications.
This power is centralized to ensure consistency across market surveillance authorities.
Nomination and Appointment of Adjudicators
The AI Office of Ireland nominates adjudicators based on expertise.
The Minister appoints these nominees, ensuring independence and adherence to prescribed criteria.
Independence and Conduct of Adjudicators
Adjudicators must operate independently and recuse themselves in case of conflicts of interest.
The Minister will implement regulations to uphold this independence and ensure proper conduct.
Regulations for Adjudicator Procedures
The Minister must consult relevant Ministers when creating regulations for adjudicator conduct.
Regulations will cover appointment terms, remuneration, and procedures for revocation of appointments.
Evidence and Hearing Procedures
Adjudicators can summon witnesses and require evidence for oral hearings.
The rules of evidence apply, and hearings are generally public unless special circumstances arise.
Financial Penalties for Regulatory Breaches
Adjudicators determine financial penalties based on various factors, including breach severity and operator size.
Maximum penalties can reach up to €35 million or 7% of annual turnover for serious breaches.
Admissibility of Evidence in Proceedings
Documents admissible as evidence include oral statements, electronic messages, and recordings.
Chapter 3 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 applies to proceedings under this Act.
Restrictions on Disclosure of Information
Statements made under compulsion are not admissible in criminal proceedings.
Confidential information obtained by authorities cannot be disclosed without reasonable excuse.
Violations of disclosure restrictions can result in a class A fine or imprisonment.
Appeals and Judicial Review Procedures
Appeals against adjudications must be made within 28 days.
The High Court’s decisions on appeals are final unless exceptional public importance is certified.
Judicial review applications must be made within 28 days of the decision being published.
Functions and Powers of Notifying Authorities
Notifying Authorities must monitor conformity assessment bodies and cooperate with other Member States.
They have powers to require information, conduct assessments, and enforce confidentiality.
Funding Mechanism for Competent Authorities
Competent Authorities can impose levies on regulated entities to fund their functions under the Act.
Have a read of the full legal document here.
Michael Cropper
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