Dáil debates

Wednesday, 25 January 2023

Communications Regulation Bill 2022: Report and Final Stages

 

3:27 pm

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

Amendment No. 14 seeks to set out a process. It does not delete anything, as was the case with the previous amendment. It merely sets out a process to be followed in making a determination that a component is a critical component, or a class of components are critical components, and requires that the Minister would publish the proposed component or class of components and give reasons for prescribing it or them as critical. It also calls on the Minister to specify a period during which submissions relating to the proposal may be made. In the event there is urgency involved, the Minister can override that. The new subsection (4) that I have proposed states:

The consultation process provided for in subsection (3)may be dispensed with where the Minister certifies that exceptional circumstances justified by urgent considerations of national security so require.”.

There is an opt-out for the Minister in that new subsection. I do not think that every order determining that something is a critical component will, or could possibly, involve national security. I am asking the Minister to put in place a process so that not everything comes down to the length of the Lord Chancellor's foot or the views of the Minister or his officials on particular components.

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