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

I move amendment No. 9:

In page 18, between lines 25 and 26, to insert the following:

"High-risk vendor measures 25.(1) Subject to section 22, the Minister may, if he or she considers it necessary to control risks to the security of electronic communications networks or electronic communications services which may affect national security or public order, by notice in writing (referred to in this Part as a "high-risk vendor notice"), take any of the following measures (referred to in this Part as a "high-risk vendor measure"):

(a) prohibit the installation by a provider of critical components made or supplied by a high-risk vendor;

(b) prohibit or restrict the use by a provider of critical components made or supplied by a high-risk vendor;

(c) place conditions on the installation or use by a provider of critical components made or supplied by a high-risk vendor;

(d) prohibit the installation or use by a provider at a specified location of critical components made or supplied by a high-risk vendor;

(e) require a provider to remove, disable or modify critical components made or supplied by a high-risk vendor;

(f) place a restriction, expressed as a percentage of the total quantity of critical components used by the provider on their network or any part of their network, on the quantity of critical components made by a high-risk vendor that a provider may use;

(g) where critical components made or supplied by a high-risk vendor are in use by a provider, require the provider to use these critical components in a specified manner or at a specified location.

(2) A high-risk vendor notice shall specify—

(a) the provider or providers to which it applies,

(b) the reasons for the issuing of the notice, and

(c) the time at which the notice comes into operation.

(3) Paragraph (b)of subsection (2)shall not apply where the Minister considers that specifying the reasons for the issuing of the notice in the notice would be contrary to the interests of national security or public order.

(4) The Minister may at any time, by further notice in writing, revoke or vary a high-risk vendor measure.

(5) Where the Minister makes, varies or revokes a high-risk vendor notice he or she shall give the notice, in accordance with section 60 of the Principal Act, to any provider to which the notice applies.

(6) Where the Minister gives notice to a provider in accordance with subsection (5), the Minister shall take all reasonable steps to give a copy of the notice to the high-risk vendor specified in the notice.

(7) The requirement in subsection (6)shall not apply to the giving of a high-risk vendor notice if the Minister considers that giving a copy of the notice to the high-risk vendor would be contrary to the interests of national security or public order.

(8) A provider that fails to comply with a high-risk vendor measure or a notice varying such a measure given to such provider or made under subsection (1)commits an offence and is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine not exceeding €250,000, or both.".