Dáil Éireann Debate, Thursday - 19 February 2026
31. Deputy Catherine Ardagh asked the Minister for Enterprise, Tourism and Employment his views on whether the EU should be treated as a minimum baseline for national AI regulation, and not a maximum standard; and if he will make a statement on the matter. [12953/26]
Amharc ar fhreagraThe EU Artificial Intelligence Act provides a fully harmonised regulatory framework governing the development, placing on the market, and use of AI systems across the Union. Its purpose is to ensure high standards of safety and fundamental rights protection, while supporting innovation and the effective functioning of the Single Market.
As a directly applicable EU Regulation, the AI Act establishes the binding regulatory framework for all Member States. My Department is leading across government to achieve the full implementation of the Act. Member States may not introduce additional requirements that would restrict the free movement of AI systems lawfully placed on the EU market or undermine harmonisation.
Within this regulation, Ireland retains flexibility in governance, enforcement structures and national supports. My Department is establishing An Oifig IS na hÉireann, the AI Office of Ireland as the statutory Single Point of Contact to coordinate implementation, support national competent authorities, and facilitate innovation measures such as the regulatory sandbox. The Office will also promote AI literacy, support regulatory coherence, and provide a central pool of expertise to assist regulators.
The AI Act contains specific provisions to reduce burdens on SMEs, including simplified compliance pathways and priority access to regulatory sandboxes. Member States are required to support SMEs with guidance and dedicated communication channels. My Department is aligning the national structures accordingly, with the AI Office having a key function to facilitate SME engagement and ensuring regulators’ access to expertise, while CeADAR’s “AI for You” literacy programme remains available free of charge to all SMEs.
The AI Act applies a proportionate, risk-based framework that bans a small number of unacceptable-risk AI practices, imposes strict requirements on high-risk systems, sets basic transparency duties for limited-risk systems, and leaves minimal-risk AI largely unregulated, with tailored obligations also applying to general-purpose AI models. It includes strong penalties for non-compliance — up to 7% of global turnover for the most serious violations.
Ensuring timely, coherent and proportionate implementation, without adding national obligations beyond the Act, is essential to avoid fragmentation and to maintain Ireland’s competitiveness. It is a key commitment of Government to work within the EU to create a genuine digital single market.
For these reasons, while my Department will continue to implement strong national governance and supports, the EU AI Act sets out the harmonised standard which national regulation in EU Member States should adhere to. My Department will continue to engage actively at EU level through the AI Office and the AI Board to ensure coherent application of the Act.
In response to recent issues regarding the use of AI through the online platform X to generate illegal content, my Department is also liaising with the European Commission and Member States to advocate for adding the use of AI systems for the generation of such content to the list of prohibited AI practices under the EU AI Act.
Online safety will be a core pillar underpinning the new National Digital and AI Strategy 2030, which will be published shortly and a priority for Ireland’s presidency of the European Council. These measures reinforce Government’s commitment to enhancing online safety, in particular for children and young people, as a whole-system priority.
