Artificial Intelligence and its practical application is a major contemporary issue. There is discussion within every sector of society around how we should best utilise and regulate AI. The use of AI is rapidly becoming integrated into our daily and professional lives. It is important that the Law Society plays a leading role in the national conversation on AI and particularly concerning the regulation of AI.

With the above considerations in mind, the Law Society made a submission in July in response to a Department of Enterprise, Trade and Employment public consultation on the implementation of the EU AI Act in Ireland.

• Download the Submission on the National Implementation of EU Harmonised Rules on AI (AI Act)

Optimistic future with AI

The Law Society submission was broadly optimistic about the future of AI in the Irish economy and society. Despite this, it acknowledged that the proliferation of AI tools carries with it a number of risks, including the risk of accidental misuse, AI tools providing misleading output due to their shortcomings, and malicious actors using AI tools to leak personal data or to create potentially damaging ‘deepfakes.’

Through our submission, the Law Society recommended that the Government should prioritise constructing a regulatory framework for AI that:

• maximises the efficiency of sectoral expertise,

• encourages robust stakeholder engagement and the effective resourcing of regulators with finances and human capital, and

• facilitates coordination between authorities, and that improves access to justice.

AI improving access to justice

The potential for AI to enhance the provision of legal aid when supplied with effective and reliable human oversight was recognised in our submission. Support for small and medium enterprises was also at the forefront of the submission, and it stressed the necessity of targeted supports for these companies as these are the enterprises most likely to be left behind by a growing AI technology gap.

There are signs that such a gap is beginning to emerge in the legal sector in Ireland and further afield, where some larger firms have already begun partnering with providers of specialist AI tools. The Law Society submission emphasised the importance of the continued presence of firms in remote or rural locations and advocated that these firms should be adequately supported by so as to not be left behind in the context of AI.

On excellence in AI regulation, we argued that it would be characterised by certainty, flexibility, strong support for innovation, and environmental and energy sustainability.

The submission proposed that AI regulation should prioritise the public interest by leveraging AI for economic and social benefit. We asserted that economic benefits and ethical regulation are not mutually exclusive, and that the Irish public and the profession can benefit from both. Drawing on the Law Society’s experience as an educator of solicitors, we suggested that the utility of AI for improving education should be explored further by Government.

Finally, our submission advocated for the effective regulation of emerging AI technologies so that they can be harnessed for ethical purposes under a robust regulatory framework with strong enforcement powers.

It is evident that Ireland has the building blocks to be at the forefront of AI in terms of technology, research, innovation and regulation. The implementation of the EU AI Act presents an opportunity to connect the dots between all stakeholders to the benefit of society and the economy. The Law Society will continue to engage further with the Department of Enterprise, Trade and Employment on AI regulation and aims to guide the continued national implementation of the AI Act in the public interest.