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McGrath speaking during his confirmation hearing in Brussels this morning. European Parliament

Michael McGrath takes aim at dynamic pricing during 'intense' three-hour grilling by MEPs

McGrath acknowledged there was a “big debate” in Ireland on ticket pricing since the sale of Oasis tickets in August.

LAST UPDATE | 5 Nov 2024

MICHAEL MCGRATH BELIEVES there may be “aspects of dynamic pricing that do constitute an unfair commercial practice” and that he would be interested in looking into the issue further in his new role as a European Commissioner

A prepped and eager McGrath this morning took questions in front of over 140 MEPs who wanted to see how tough he will be as the next potential European Commissioner for Democracy, Justice and the Rule of Law.

MEPs this afternoon voted to approve of the Cork native’s position, which will be confirmed at a European Parliament sitting later this month. As part of his new role he will be in charge of enforcing consumer protection regulations across the EU.

In his opening remarks, McGrath said he wants introduce a “digital fairness act” which would ban dark patterns and harmful algorithms – a move that advocates have highlighted as current shortfall in, otherwise tough, EU social media policy.

He added that a new consumer enforcement agency should also be established, so that an authority in every jurisdiction has the investigatory power to find out whether consumers’ rights were breached.

Asked about ways to tackle dynamic pricing, McGrath acknowledged there was a “big debate” in Ireland on the topic since the sale of Oasis tickets in August. In September, the local consumer protection agency launched an investigation into the matter.

Speaking in Brussels today, McGrath said: “Dynamic pricing is not prohibited in EU law, traders can freely determine their prices so long as they adequately inform consumers about the total price.

“But, there may be aspects of dynamic pricing that constitute an unfair commercial practice that the current examination [in Ireland] may well be taking place. I want to look at this in the context of the Digital Fairness Act,” he said, adding it was an issue “particularly in the event-ticket sector”.

Throughout the meeting, the former finance minister was quick to list off his priorities and named a number of key pieces of legislation that he believes will be important to implement to make sure he has an impact on improving democracy, the rule of law and access to justice in the EU.

In his opening address, he supported European Commission President Ursula von der Leyen’s plan for a ‘Democracy Shield’, aiming to better protect the right to vote, the fairness of elections, the freedom of expression and of the media in the EU.

No topic under the Fianna Fáil politician’s new brief went unmentioned during the three-hour Commissioner confirmation hearing in Brussels as parliamentarians asked for his thoughts on the rule of law to data protection reform to the protection of victims’ rights.

The Rule of Law

The rule of law dominated most of this morning’s hearing as there have been growing concerns about Hungary’s backsliding when it comes to the issue of democracy and the rule of law.

Based on conversations with MEPs in private session, McGrath said it was clear to him that “slippage” in the rule of law is an EU-wide issue and said he wanted to develop mechanisms to improve the situation.

On many occasions, far-right MEPs made it easy for McGrath as almost all of their questions centred around the same idea: removing the link between EU funding and alleged breaches in the rule of law.

20241031-der-oesterr-nationalratspraesident-empfaengt-ungarns-ministerpraesidenten-wien-oesterreich-31-oktober-fidesz-ungarischer-ministerpraesident-viktor-orban-anlaesslich-seines-besuchs-beim There have been growing concerns about Hungary's backsliding when it comes to the issue of democracy and the rule of law. Alamy Stock Photo Alamy Stock Photo

This question was primarily posed by MEPs from Hungary and Poland, whose member states have both faced a revocation and freeze of European monetary aid after the EU found proposed changes in its laws were in breach of civil and human rights.

Sanctions on Poland have since been lifted after a change of government repealed a controversial change to its judicial system but calls for the EU to intervene in Hungary have only grown more popular in recent years. 

In July, Fine Gael MEPs and their European colleagues renewed calls to invoke Article 7 of the Treaty of the European Union on Hungary - which would block Prime Minister Viktor Orbán and other Hungarian representatives from voting in Brussels.

The request has been in front of EU leaders for years, as Hungary continue to act out in defiance of its EU allies over its anger to its funding freeze.

Over and over again, McGrath was quick to stand up European sanctions for alleged breaches of human rights in response to questions from politicians demanding that Governments not face any consequences for breaches.

The European Commission recently launched a legal challenge against Hungary over it’s Russian-like ‘foreign influence’ law, which would ban domestic media companies and NGOs receiving international investment.

Though the EU said it wants to deal with the court proceedings ‘swiftly’, McGrath may need to step in to lead the case as part of his new brief if the hearings continue. He today said be believed the court proceedings were a useful tool for the EU.

But just one politician, Dutch Green MEP Tineke Strik, actually challenged McGrath on the rule of law in the EU and questioned if the EU is taking the issue of backsliding seriously enough.

tineke-strik-member-of-the-european-parliament-for-the-greens-is-giving-a-speech-during-the-demonstration-for-the-evacuation-of-the-moria-refugee-camp-that-has-taken-place-in-utrecht-on-september Dutch Green MEP Tineke Strik challenged McGrath on whether the EU is taking the issue of backsliding seriously enough. Alamy Stock Photo Alamy Stock Photo

She said that countries like Hungary have been the subject of multiple concerns and yet, nothing is done about it at the executive level of the EU. Strik asked if intends to introduce stronger powers and if he supported Article 7 being introduced.

McGrath agreed that more needed to be done and vowed to establish how the European institutions would best use the frameworks and tools established by his predecessors. 

He called on the European leaders to made a decision in regards to the Article 7 request and promised to keep the pressure on member states by continuing to annually publish a report on the rule of law across the EU. 

‘Diplomatic, but not soft’

McGrath was able to answer questions quickly and with ease throughout the order. MEPs from both sides of the political spectrum told him during the hearing that they were impressed by him already.

While he has been seen as a safe pair of hands in Brussels, the parliamentarians wanted to see how much of a tough, hardened regulator he would be to keep member states, like Hungary, in line during his five-year term.

Veteran German MEP and co-leader of the Green group Terry Reintke signalled this yesterday, telling journalists that the Co Cork-native will need be “un-Irish” during his term.

“I don’t know if this is a stereotype that is shared across Europe, but Irish people are considered to be very polite and friendly quite often, and I think he will have to be rather tough,” Reintke said.

German centre-right MEP Moritz Körner put this plainly to McGrath today: “Will you be a pain in the ass of wannabe autocrats in the [EU]?”

GbneZFFXMAEQtko German centre-right MEP Moritz Körner wanted to know just how tough McGrath would be as a regulator. European Parliament European Parliament

McGrath said:

“In relation to the rule of law, more generally. My approach will be, yes, dialogue – I will be diplomatic – but nobody should mistake that for weakness because there will be a cast-iron commitment to acting with all the tools we have now.”

McGrath received applause on three occasions by most MEPs in the room when questioned about immigration or asked if he would create laws that will overturn the decisions of judges that are ‘against the sovereign will of the people’ by the far-right.

The Cork native was put under pressure on the issue of victims’ rights as MEPs reopened old wounds. McGrath had earlier said it was his objective to establish a victims’ rights strategy and to extend justice to as many people as possible.

Belgian MEP Assita Kanko asked about a previous disagreement in the EU, however, when questioning if McGrath would be seeking a EU-wide definition of rape. 

GbnO9f4XMAAObZl Belgian MEP Assita Kanko asked if McGrath would be seeking a EU-wide definition of rape. European Parliament European Parliament

A law against violence against women, the first of its kind, was approved last year by the EU but the political bloc could not come to an agreement over the definition of sexual assault. It was seen as a major shortfall of the legislation. 

McGrath said that he will be seeking that the Commission direct member states to have consent-based approached to their definitions, as much as possible, and told Kanko that he would like to continue to work with her on the issue. 

Speaking after the hearing, the chairs of the justice, internal market and legal affairs committees all commended McGrath and MEPs for having a “remarkable approach to the hearings” and admitted that the atmosphere was “very, very, very positive”.

The coordinators, who will later decide how McGrath performed, admitted that the questions were “intense and thorough” and remarked that it was “hard to define any area [of his brief] that wasn’t touched on”.

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    Mute Jimmy Savage
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    Aug 27th 2024, 5:45 PM

    It should be a crime to deep fake someone without their consent.

    175
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    Mute Paul O'Mahoney
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    Aug 27th 2024, 5:56 PM

    @Jimmy Savage: Agreed, but when it happens to Martin, who in fairness went to the high court, he was derided.

    And Google, etc, aren’t doing anything to prevent this, I’ve seen Anne Doyle, The girl from TV3 ,I’ve reported each one, the last one was ” Google couldn’t find the ad that I reported ” eventhough it still appears .

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    Mute Jack Hayes
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    Aug 27th 2024, 6:06 PM

    @Jimmy Savage: It is though. The Online Safety Act now makes it a criminal offence to share, or threaten to share, a manufactured or ‘deepfake’ intimate image or video of another person without his or her consent.

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    Mute ben wu
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    Aug 27th 2024, 6:10 PM

    @Jimmy Savage: Sure, but over and over we see those social media companies not care a single whit once they make their profits. Any fines are are a rounding error.
    I’m fine with labelled satire or parody or some stuff that is actually fun (things like Sassy Justice or ‘if My name is.. was written in 2021′.
    There’s so much more that is just not okay at all that propagates on those platforms… faked political or Hollywood starlets…
    Then you have the circular activity of bots responding to each other driving up engagement on those platforms, which is profit that they seem value more that any form of ethics.

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    Mute Paul O'Mahoney
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    Aug 27th 2024, 6:14 PM

    @Jack Hayes: Explain why it continues then?

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    Mute Paul O'Mahoney
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    Aug 27th 2024, 6:20 PM

    @ben wu: Absolutely and they don’t care . They have enabled suicide, self harm , allowed lies to seem acceptable they really are what the world needs to be angry at…..

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    Mute ben wu
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    Aug 27th 2024, 6:30 PM

    @Paul O’Mahoney: There was more press coverage over here about something odd looking about a photo of Kate Middleton’s wrist in a family photo, than there has been about those issues…

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    Mute Paul O'Mahoney
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    Aug 27th 2024, 6:46 PM

    @ben wu: Was there?

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    Mute DerekF
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    Aug 27th 2024, 6:54 PM

    @Jack Hayes: no actually, it is a crime to share or threaten to share an intimate image shared with you. Nothing about manufactured or deepfake

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    Mute Diarmuid Hunt
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    Aug 27th 2024, 7:55 PM

    @DerekF: Even if it was as he said then there would be nothing against sharing a non-intimate deepfake where the purpose is to deceive others.

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    Mute Jack Hayes
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    Aug 28th 2024, 11:32 AM

    @Paul O’Mahoney: Explain to you why people still do illegal things or how people get away with doing illegal things? You must be new to this world.

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    Mute Steve O'Hara-Smith
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    Aug 27th 2024, 8:04 PM

    It was a paid advert so Facebook must know who paid for it. That person should be prosecuted!
    Why is this not happening?

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    Mute Paul O'Mahoney
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    Aug 27th 2024, 9:22 PM

    @Steve O’Hara-Smith: Most are ex our Jurisdiction, and are probably not real entities

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    Mute Rory Murphy
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    Aug 27th 2024, 6:32 PM

    There is some awful muck on Facebook…. Full Stop.

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    Mute Ollie McGlinchey
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    Aug 27th 2024, 6:57 PM

    @james rowan: Still not as bad as all the nazi propaganda on X.

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    Mute smatrix mantra
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    Aug 28th 2024, 7:16 AM

    @james rowan: Hence FaceMuck

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    Mute Andy Moylan
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    Aug 27th 2024, 6:17 PM

    Very believable, apart from the American twang abd the way she pronounces Turbidy …

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    Mute Alan
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    Aug 27th 2024, 9:05 PM

    Thought it was a genuine SF broadcast. Fits well with their actual,financial policy.

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    Mute Paul O'Mahoney
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    Aug 27th 2024, 9:28 PM

    @Alan: Yeah me too

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    Mute smatrix mantra
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    Aug 27th 2024, 6:15 PM

    Soon the default belief will be if it’s on the Internet it’s fake, hallucination, or just plain lies and propaganda.
    Aka “I gave them all the tools but they could not use them.”

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    Mute Paul O'Mahoney
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    Aug 27th 2024, 6:28 PM

    @smatrix mantra: I disagree with that , the Internet was launched for good intentions, and a reasonable return by investing is fine, but the way a minority has essentially monopolised its content is the problem.

    All those software engineers, etc, could have equally written code that was of use to the world’s problems, but that didn’t happen .

    I’m using it now to share thoughts, most don’t

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    Mute Diarmuid Hunt
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    Aug 27th 2024, 7:58 PM

    @Paul O’Mahoney: Every leap in technology can be used as a tool or a weapon, unfortunately most of the time it’s both but weapons seem to have more impact globally.

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    Mute Be Lucky
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    Aug 27th 2024, 6:48 PM

    Reality is merely an illusion, albeit a very persistent one. Albert Einstein.

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    Mute Mr “JonnieBoy” Johnson
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    Aug 27th 2024, 7:30 PM

    That’s plain fake , not exactly deep fake

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    Mute brian nunan
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    Aug 27th 2024, 10:28 PM

    So sort it you legislators. It might cost a few thousand jobs. But what is the price of political stability?

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    Mute Sean Money
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    Aug 27th 2024, 6:14 PM

    Dennis O’Brien will take these charlatans to China Town. They are going down now.

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    Mute Dominic Leleu
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    Aug 28th 2024, 7:41 AM

    Delete your Facebook account and other social media crap.
    You will live happier

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    Mute vxQ6cYzh
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    Aug 28th 2024, 3:22 AM

    COMMENT SELF-ERASED BY AUTHOR ✍️

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