Dáil debates

Wednesday, 25 January 2023

Communications Regulation Bill 2022: Report and Final Stages

 

3:17 pm

Photo of Michael McNamaraMichael McNamara (Clare, Independent) | Oireachtas source

I move amendment No. 12:

In page 21, line 11, after “may” to insert “by order”.

Basically, this amendment seeks to insert the phrase "by order" in page 21, line 11. Section 20(1) states that, "The Minister may prescribe any component or any class of components as a critical component or critical components." I suppose it is unusual in that it is not clear at all how the Minister will do this. It would seem that an order should set that out. I do not think that order necessarily has issues of national security in it. It is more of a technological determination, but I think it ought to be open to challenge in the normal way that any order is open to challenge. It is only when it affects a particular company that the extremely restrictive measures the Minister has set out by way of the appeal of high-risk vendor measures. Saying that certain components or any class of components are a critical component is a technological determination that should be based on objective criteria and challengeable. Even if I do not accept the whole national security thing, it is a simple technological determination that should be made transparently, and should be challengeable in a transparent way. I am not expecting that it would be challenged particularly. I do not see why making an order doing this, in the same way that the Minister-----

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