Dáil debates

Wednesday, 25 January 2023

Communications Regulation Bill 2022: Report and Final Stages

 

3:37 pm

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

I accept the Minister of State’s differentiation between the component and the security measures necessary to make that component safe, but I respectfully say that is all the more reason for the components to be listed in an objective, transparent way. I do not say the Minister should list the components by order and specify the security measures he requires to be undertaken to make sure they operate safely. That would be a bridge too far because it would enable people to use them in an unsafe way and to figure out readily from looking at the latest ministerial order how to circumvent the requirements. I refer to the components themselves, as opposed to the additional security measures required. Section 20(1) reads, “The Minister may prescribe any component or any class of components as a critical component or critical components.” It subsequently refers to things he can “have regard to”. I have no problem with that but it has to be set out objectively and have a process in place to set it out. I do not see any security implications in it. I see only a requirement of transparency so the Minister cannot act capriciously. Notwithstanding the manner in which these provisions were introduced to the House, I do not think the Minister would act capriciously. However, we do not legislate for the current Minister alone but for future Ministers too.

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