European lawmakers believe that new legislation should apply across the island of Ireland and, while UK ministers have initially rebuffed such an idea, the two parties continue ‘to engage closely’
The UK government is continuing to work with EU representatives over proposals that Europe’s new artificial intelligence laws should apply in Northern Ireland.
First introduced last year, the EU AI Act puts enshrines the legal status of certain forms of AI – particularly systems considered to be high risk. Firms supplying these tools into EU markers now face requirements regarding governance and risk management, transparency, and human oversight, as well as maintaining standards of performance and accuracy.
In addition to these regulations, the act entirely prohibits the most dangerous forms of AI, while other lower-risk tools will not be regulated.
The EU’s stance on AI legislation is markedly different to that of the UK, where ministers have frequently stated a preference for new technology to be regulated within individual sectors – rather than via broad new laws or watchdogs.
But, with the island of Ireland being home to an effectively open border between the EU and a country that is no longer in the union – nor the wider Schengen area – European lawmakers have asserted their position that the AI Act should be applied in Northern Ireland.
The UK is committed to a proportionate AI regulatory approach which is grounded in science and supports growth and innovation.
Doing so would require sign-off via the formal procedures of the Joint Committee between the EU and UK established to oversee the ongoing operation of the withdrawal agreement. The agenda for the most recent committee meeting notes that artificial intelligence was due to be discussed, with an “exchange of views” expected.
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The UK has thus far stopped short of acquiescing to the EU’s calls for European laws to take effect in Northern Ireland. But, according to AI minister Kanishka Narayan, discussions between the two parties are ongoing.
“The EU AI Act is complex and requires further dialogue and consideration as to its interaction with the Windsor Framework,” he said. “The UK government is assessing the proposal and will continue to engage closely with the EU on it.”
The minister clarified the process by which EU law could be adopted in accordance with the post-Brexit landscape of legislation regarding the governance of the UK and Northern Ireland – which includes the Northern Ireland Protocol and the Windsor Framework.
“The European Council has published its proposal for a decision to apply the EU AI Act to a limited extent in Northern Ireland under Article 13(4) of the Windsor Framework,” Narayan said, in answer to a written question from Jim Allister, an MP for the Traditional Unionist Voice party. “The act would only apply following an agreement at a Withdrawal Agreement Joint Committee, which will be subject to the mechanisms in Schedule 6B to the Northern Ireland Act 1998.”
Any possible update to the UK’s legal framework concerning the use of AI would form part of a broader effort on government’s part to get the most out of the technology, according to the minister.
“As we develop our approach to AI, we recognise the need to engage with a range of stakeholders,” he said. “This includes engaging with the EU, and other international partners, to discuss our respective regulatory approaches and ensure they are effective.”
