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

Ossian Smyth: That is correct.

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

Ossian Smyth: The first piece of work is to carry out the risk assessment. The high-risk vendors will then be designated and the notices to the operators sent out. ComReg will then be responsible for monitoring the position thereafter. Those are the steps.

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

Ossian Smyth: It need not be a physical inspection; it is more likely that it will be a remote inspection which will assess the structure of the network and what is being used. It will be an ongoing job. It is not the case that ComReg only has to go out once and check the equipment.

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

Ossian Smyth: As part of the EU 5G toolbox process, a once-over was done across the entire network by ComReg.

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

Ossian Smyth: It was done in 2020.

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

Ossian Smyth: The assessment was not done to identify who is a high-risk vendor. It was done to assess what are the high-risk parts of the network that are susceptible to being hacked and would have a high impact as a result of being compromised.

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

Ossian Smyth: Yes, and then there is ongoing monitoring afterwards.

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

Ossian Smyth: It would be up to the State to make the case for that and then up to the judge to decide. They are the parameters.

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

Ossian Smyth: There is one section in the amendment-----

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

Ossian Smyth: The amendment specifies the criteria under which we decide whether an entity is a high-risk vendor. Part of that is the type of governmental system that is in place in the country where the vendor is located and the type of relationship between the vendor and the government of that country. In other words, for example, is this country a democracy or not? Does it have an independent...

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

Ossian Smyth: No, it is not. That is on the basis that the operator on whom we serve notice challenges it in the courts. If they do not comply then they have to comply. They are subject to-----

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

Ossian Smyth: Exactly, only if it is challenged. It is only if the vendor or the operator challenges it.

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

Ossian Smyth: The supervision regime is ComReg but the courts enforce it.

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

Ossian Smyth: Exactly. We would order-----

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

Ossian Smyth: ComReg will be the supervisor for the-----

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

Ossian Smyth: No. ComReg is the supervisor of the regime and of the operators and the vendors.

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

Ossian Smyth: Obviously, we are not going to attempt to enter a premises in a foreign country but we do have supervisory control or jurisdiction over the operators that are physically located in or licensed to operate in Ireland. We can issue orders to them to configure their equipment or to provide us with information about their equipment, regardless of where it is located. If we do not want them to...

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

Ossian Smyth: ComReg will-----

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

Ossian Smyth: ComReg will have power of inspection, power of entry, and the power to acquire network passwords.

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

Ossian Smyth: No. With the networks, if the operator is physically located in ireland or if it is operating from Ireland and is licensed here, it has control. That is the very nature of what an operator is. It has control of its operations wherever they are located around the world. It can see them and inspect them from its central base. If it is being regulated and inspected by ComReg, which has...

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