Results 1,761-1,780 of 2,990 for speaker:Ossian Smyth

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

Ossian Smyth: Yes, the powers are vested in the Minister.

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

Ossian Smyth: The Minister can use information from third-party sources. For example, he can commission research to make a decision on whether to designate someone as a high-risk vendor. It is only information that has a national security implication that he is allowed to redact, and the decision to redact is made by a judge. The Minister would have to go to the judge and make the case for redaction....

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

Ossian Smyth: "High-risk vendor" is the terminology and concept. It is based on the recommendations of the EU toolbox for dealing with high-risk vendors, which was agreed at the Council of Ministers.

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

Ossian Smyth: In Germany, for example, the classification of "high-risk vendor" is indirectly based on a comprehensive risk assessment on a case-by-vase basis. Germany also has a similar provision to our amendment in regard to critical components.

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

Ossian Smyth: I will-----

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

Ossian Smyth: Yes. I do not have the specific name of the law with me, but I will provide it to the committee. There are also examples in the Netherlands, Spain, Denmark and the UK. While the UK is not an EU country, we have designated in our legislation that the UK is to be treated the same as EU countries or is not to be considered a third country. I can provide the committee with the specific laws...

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

Ossian Smyth: We will provide them in English.

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

Ossian Smyth: There is a similar set of laws in the UK, but their designation of "national security" is done in the political system and not by a judge. We have made the decision to move it towards the Judiciary and away from the political system.

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

Ossian Smyth: There is no appeals mechanism in the British legislation.

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

Ossian Smyth: The Telecommunications (Security) Act 2021.

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

Ossian Smyth: I move amendment No. 7: In page 18, between lines 25 and 26, to insert the following: "Minister may consult for the purposes of assessments under this Part 23.The Minister may consult with such persons as the Minister considers appropriate for the purposes of sections 21and 22.".

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

Ossian Smyth: I move amendment No. 8: In page 18, between lines 25 and 26, to insert the following: "Obligation to provide information for the purposes of assessments under this Part 24.(1) The Minister may request any person to provide information that the Minister reasonably believes he or she requires for the purpose of section 21or 22. (2) A person who fails to make all reasonable efforts to...

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

Ossian Smyth: I move amendment No. 9: In page 18, between lines 25 and 26, to insert the following: "High-risk vendor measures 25.(1) Subject to section 22, the Minister may, if he or she considers it necessary to control risks to the security of electronic communications networks or electronic communications services which may affect national security or public order, by notice in writing (referred...

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

Ossian Smyth: I move amendment No. 10: In page 18, between lines 25 and 26, to insert the following: "Confidentiality of high-risk vendor notice 26.(1) The Minister may require a provider to which a high-risk vendor measure applies to treat as confidential the existence or contents of the measure and of the high-risk vendor notice in circumstances where the Minister considers that disclosure of the...

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

Ossian Smyth: I move amendment No. 11: In page 18, between lines 25 and 26, to insert the following: "Consultation before taking measures under section 25 27.(1) The Minister before taking any measures under section 25, shall— (a) consult with the provider or providers which would be subject to the proposed measures, and (b) make reasonable efforts to consult with the high-risk vendor in...

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

Ossian Smyth: I move amendment No. 12: In page 18, between lines 25 and 26, to insert the following: "Appeal of high-risk vendor measure 28.(1) A person affected by a high-risk vendor measure or a variation of such measure may, not later than 28 days after the person receives notice of the measure or variation, appeal the measure or variation to the High Court. (2) Pending the outcome of an appeal,...

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

Ossian Smyth: I move amendment No. 13: In page 18, between lines 25 and 26, to insert the following: "Material not publicly available that relates to security or public order of the State 29.(1) Where an appeal of a high-risk vendor measure or a variation in such measure relates to or involves any decision, evidence, document, material or any other matter that is not publicly available and relates to...

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

Ossian Smyth: I move amendment No. 14: In page 18, between lines 25 and 26, to insert the following: "Hearing of appeal of high-risk vendor measure other than in public 30.(1) The High Court shall exclude, from the hearing of an appeal of a high-risk vendor measure or a variation in such measure before it, all persons except— (a) a judge hearing the matter, (b) a judicial assistant, or other...

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

Ossian Smyth: I move amendment No. 15: In page 18, between lines 25 and 26, to insert the following: "Appeal to Court of Appeal from decision under section 28 31.The decision of the High Court under section 28shall be final and no appeal shall lie from the decision of the High Court to the Court of Appeal in any case save with leave of the High Court, which leave shall only be granted where the High...

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

Ossian Smyth: I move amendment No. 16: In page 18, between lines 25 and 26, to insert the following: "Commission to ensure compliance with and report to Minister on this Part 32.(1) The Commission shall take reasonable steps to ensure that providers comply with any high-risk vendor measure or any variation in such measure. (2) The Commission shall issue a report to the Minister on the operation of...