Ireland: Department of Enterprise, Tourism and Employment issued General Scheme of Regulation of Artificial Intelligence Bill

On 4 February 2024, the Department of Enterprise, Tourism and Employment issued the General Scheme of the Regulation of Artificial Intelligence Bill 2026. The scheme supports the implementation of the EU Artificial Intelligence Act (2024/1689). Part 2 outlines the establishment of the AI Office of Ireland (the “Office”). The Office will be formally established on a day appointed by the Minister and will operate as an independent corporate body with legal powers. Its functions include facilitating the enforcement of the AI Act, promoting AI innovation and literacy, and serving as the national AI market surveillance authority and single point of contact under EU law. As the Single Point of Contact, it will centrally coordinate Ireland's implementation of the AI Act by advising national authorities, leading EU-level engagement, and facilitating domestic cooperation. Chapter 3 establishes a coordinated national framework where the Office centralises reporting, issues guidelines, and hosts a forum for Market Surveillance Authorities (MSAs). It details procedures for handling serious incident reports, authorising AI systems in exceptional circumstances, and investigating rights-based concerns upon request. The provisions also facilitate cooperation between authorities, outline complaint and data-sharing mechanisms, and mandate confidentiality and cybersecurity measures. Head 53 establishes the procedure for when an MSA suspects an AI system presents a risk, requiring an evaluation with special attention to vulnerable groups and cooperation with fundamental rights bodies if needed. Head 54 outlines the process for when an MSA believes a provider has misclassified a high-risk AI system as non-high-risk. If the system is confirmed as high-risk, the provider must bring it into compliance, or the MSA will enforce penalties, including withdrawal or prohibition from the market.