Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

I thank the committee for facilitating Committee Stage today. I also thank members for their general support for the Bill during pre-legislative scrutiny and on Second Stage in the Dáil. As members are aware, this is a long and technical Bill. As well as transposing the enforcement and security provisions of the European electronic communications code, the Bill provides the Commission for Communications Regulation, ComReg, with a new civil enforcement regime and an updated criminal enforcement procedure for the electronic communications sector. The Bill give the enforcement of the electronic communication security measures a legislative basis. It also provides for additional consumer protections and makes a number of amendments to the Communications Regulation Act 2002. The Bill represents the biggest update to the regulation of the electronic communications sector since ComReg's establishment in 2002. It will provide ComReg with the tools it needs to effectively regulate the sector today, and it will bring its powers further in line with comparable regulators in the State and elsewhere in Europe. In doing so, it will fulfil a programme for Government commitment.

I indicated on Second Stage that I would bring forward an amendment in relation to the Digital Hub Development Agency Act 2003 that would confer a function on the board to dispose of its land and property assets on foot of a directive by the Minister pursuant to the 2003 Act. I am also bringing forward a number of amendments that are focused on the security of electronic communications networks, specifically dealing with the issue of high-risk vendors, HRVs. These amendments will set out how a risk assessment will be conducted in alignment with the principles of the EU 5G security toolbox. Recognising the functions exercised by certain Departments and agencies in respect of national security, the risk assessment will be conducted in consultation with relevant stakeholders across government. The amendment will also set out how HRVs will be designated, and will provide for ministerial notices to restrict or ban designated vendors on networks as a whole or on specific parts of networks. ComReg should be tasked with the supervision and enforcement of orders relating to HRVs. Similar legislation has been implemented in 19 EU member states, with a further five indicating that they are at an advanced stage of preparation. Likewise, the UK enacted similar provisions recently.

I also mentioned on Second Stage the possibility that the Government will bring forward a short amendment to the Postal and Telecommunications Services Act 1983 in order to provide for payments to be made to or via An Post, particularly in the context of the provision of support to postmasters. This amendment is the subject of ongoing engagement with the Office of the Attorney General.

Two other short amendments will be brought forward in relation to the alternative dispute resolution, ADR, process outlined in the Bill. The first is a minor amendment that will broaden the scope of disputes that can be subject to ADR to align with current practice and to better reflect the text of the code. The second will adjust the scope of the code of practice for complaints to align it with the scope for ADR.

Aside from some further examination and possible modification of the definitions and structure of the Bill as a result of these amendments, some consideration has also been given to whether further amendments are required to the appeals provisions found in Parts 2 and 3. Legal advice is being sought on this matter. As these amendments require further development, I put the committee on notice that I hope to bring them forward on Report Stage.

With regard to the Government amendments put forward today, I will give more explanation for the reasons behind each of them when we reach them. That concludes my opening remarks.