Mr McGrath required a two-thirds majority of a voting committee of MEPs to be approved as commissioner and while some nominees have been rejected during this process in the past, Mr McGrath is understood to have been successful in his bid and will be officially confirmed on November 21.
The hearing today was the final hurdle in the process of taking on the wide-ranging justice portfolio, which includes responsibility for the protection of data, consumer rights, the ensuring of free and fair elections, media freedom and the tackling of corruption and misinformation.
He is one of more than 20 nominated commissioners to face three-hour long questioning on their portfolios this week, after which representatives of various committees asses whether a candidate is qualified.
Meetings to discuss the hearing between each political grouping took place this afternoon, with Fine Gael MEP Regina Doherty believing the former finance minister had a strong performance and her committee discussion after the hearing went “very well”.
During the hearing, Mr McGrath said there were “many risks” identified in the lead up to the recent European elections, including disinformation and the threats posed by AI.
“The fact there was no disruption to the conduct of elections was remarkable,” he said, adding that new proposals on foreign interference, disinformation and manipulation will be among his priorities.
Mr McGrath said the benefits of European membership should be conditional on compliance to the European Charter of Human Rights and pledged to be an “honest broker” in addressing rule-of-law deficiencies in member states.
“I will not hesitate to act when appropriate using the full toolbox of measures at my disposal,” he said, adding that compliance is a “must” in accessing European funds.
The justice portfolio makes Mr McGrath one of the most senior watchdogs on the rule of law in the EU, with his appointment taking place with the backdrop of backsliding on democratic values in Hungary under prime minister Victor Orbán.
Mr McGrath said that “nobody should be under any illusions” that he would not act impartially and in a “strong and forthright way” in the application of the full rule of law toolbox.
“If we don’t have a respect for rule of law, everything else falls apart,” he said, adding that there cannot be an “á la carte” approach within member states and there will be “no lack of political will” in his part in the application of consequences.
One of his priorities will also be wielding the EU digital rulebook is used to ensure social media influencers are not “misleading” consumers and children are not “manipulated” online.
Mr McGrath said he is also dedicated to protecting children against threats posed by the internet, in particular by in-app currencies, gambling simulating features such as lootboxes within video games.
He added that such features do have a “long-term impact” and also said the role of social influencers in promoting things like vaping and plastic surgery should be examined.
Mr McGrath said measures will be developed to address the addictive design of many online platforms to protect EU consumers, such features include infinite scrolling, autoplay and constant notifications which keep users on the site.
“I understand the business model of Big Tech and these firms, they want to keep people online,” he said.
Ireland’s Independent MEP Luke ‘Ming’ Flanagan asked Mr McGrath about the potential infringement proceedings which could take place against Ireland due to an alleged failure to carry out market surveillance on defective products.
Mr McGrath said people have been “devastated by the defective concrete block issue” and that it is important they receive “full remediation”.
He said the Commission will, on the basis of the evidence and a response from the Government, make a decision on whether a formal infringement proceeding will take place against Ireland.
Mr McGrath committed to introducing the first EU strategy against corruption and a new victims’ rights strategy, adding that he would also work on anti-fraud, cross-border crime and strengthening the European Arrest Warrant.
Mr McGrath said he would also like to look at the issue of dynamic pricing in the event ticket sector, also addressing issues on product safety and consumer protection.
He said increasing digital consumer protection will help increase competitiveness within the single market, which is currently “distorted by the amount of unsafe product coming into the European Union”.
He received applause from MEPs at the close of the hearing – and following a number of his answers to questions from members, including one on illegal migrants and crime.
“I do not believe that we should seek to be divisive, to set one group in society up against another group,” McGrath replied, adding that a crime by one is not more serious that a crime by another “by virtue of their identity or where they come from”.