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Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: We are talking about any state outside the EU.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: It will apply generally to any country that is not an EU country.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: The national security analysis centre in the Department of the Taoiseach would advise.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: It would get that information from the security apparatus of the State, including the Garda and the Department of Defence.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: That might happen in certain circumstances. A decision may be made that a certain type of equipment cannot be used in a certain part of the network.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: Similar legislation is in place in 19 EU states.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: We certainly have. This is delicate, technical and sensitive.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: A high-risk vendor notice is issued to the relevant providers. For example, in the case of mobile networks, the notice will go to mobile network operators. In the case of fibre cable, the notice will issue to fibre cable operators. They are issued with a notice that specific companies or corporate entities are designated high-risk vendors and that particular types of equipment cannot be...

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: ComReg's involvement is to monitor that.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: That would happen if such a notice were to be challenged. A challenge can be taken by the operator or the supplier.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: Naturally, vendors may say they do not consider themselves high risk and can challenge that in the courts.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: That is how it would end up in the High Court.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: It is software or hardware that is in use on the network. If I could have a moment, I will confer with my officials. It is not physically restricted to Ireland; it could be a cloud-based service.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: We have jurisdiction over the providers in this State so we can issue an order to a provider that is operating here regarding how it operates.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: It would be wrong of me to make a comment on that. In order to designate a provider as a high-risk vendor, we would have to go through due process. At this stage, no such assessment has been carried out, so I will not guess whether an entity is going to be a high-risk vendor.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: Yes, it is the security of the State. It is to avoid a situation where the critical infrastructure of the State presents a risk. For example, in the remote scenario that Ireland were to find itself at war with another country and that country had effective control over parts of our critical infrastructure, we might think twice about allowing vendors from that country to deploy remotely...

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: There has been a challenge in Sweden. I understand the Swedish state was successful in that challenge.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: It is similar because Sweden is also in the EU. The measure is in line with the EU toolbox, which is our guiding principle. It makes sense that European countries take a unified approach to this problem and that individual countries do not stick out with different approaches.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: We cannot start doing it until the legislation is complete and has been passed. We expect that it will be some months before it is completed.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: The role of oversight, monitoring and enforcement is for ComReg.

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