Results 1,921-1,940 of 2,990 for speaker:Ossian Smyth

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: Deputy Ó Murchú is concerned that the powers of designation rest solely with the Minister and that there should be some degree of oversight. The legislation as written provides for independent judicial oversight as well as consultation throughout the process. Where a vendor is designated, an independent judge can overturn that. The power does not rest solely with the Minister,...

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: Deputy Ó Murchú asked about consultation and the importance of consultation. Consultation on what constitutes a critical component will include detailed consultation with the industry. There are provisions for the Minister to consult with any person the Minister considers appropriate in assessing the risk profile of a vendor. That would likely, in the vast majority of cases,...

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: The way the process will work is it is focused on prevention. There is no compensation provided for operators who have equipment in their network that needs to be removed. We do not want to be in a situation where we are ordering operators to remove equipment. We want to be in a situation where the security measures we take are for the future. This is future-facing legislation about what...

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: I move amendment No. 6: In page 11, between lines 4 and 5, to insert the following: “(b) a high-risk vendor measure, (c) a confidentiality requirement of the Minister under section 26(1), (d) a direction under section 33(2),”.

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: I move amendment No. 7: In page 18, between lines 36 and 37, to insert the following: “(1) Neither a decision or a requirement of— (a) the Commission under this Part or Part 4, or the Code Regulations (other than Regulation 98 and 99), or (b) the Minister under Regulation 70, 76 or 100 of the Code Regulations, shall be challenged, including as to its validity, other...

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: We are discussing the designation of critical components within our national electronic communication network. The discussion we are having around this amendment relates to when we are selecting which are critical components, which are the most vulnerable parts of our communications network, which are the weakest parts and which would it be most devastating were they to be attacked. We are...

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: Deputy Ó Murchú may wish to come back in.

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: I will respond first to Deputy McNamara. He suggested that we should know which are the critical components that need to be excluded because they are dangerous and should not be in the network. I want to clarify this point and give the Deputy an explanatory memorandum. A number of things are happening here. The first is the designation of critical components. These are parts of the...

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: I move amendment No. 25: In page 22, line 35, to delete “Part” and substitute “Act”. The amendment will extend the definition of "high-risk vendor measure" to the rest of the Bill. I introduced amendment No. 26 following concerns on Committee Stage about transparency. It will require the Minister to specify, in the high-risk vendor notice, that he or she...

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: I will stick to the amendments we are debating. I thank Deputy McNamara for acknowledging that we have moved some distance towards trying to find a compromise on the worthwhile suggestions he made. We spent time trying to amend the legislation in order to go some distance towards his position. We do not feel we can guarantee that we can reach a vendor to consult with it but we will make...

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: I move amendment No. 26: In page 23, between lines 19 and 20, to insert the following: “(b) that the Minister considers it necessary to take the measures contained in the order to control risks to the security of electronic communications networks or electronic communications services which may affect national security, (c) where the Minister considers that consultation under...

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: Is Deputy McNamara saying there is some section of the Bill where the words "national security" are not actually directly used? Is that his question or does he have a proposed amendment on how I should word it?

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: Yes, I am going to move it.

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: I move amendment No. 30: In page 24, line 22, to delete “or public order”. I am accepting all proposed deletions of the words "or public order", specifically amendments Nos. 31 and 32 and 37 to 41, inclusive. I have brought forward an amendment of my own to specify on a high-risk vendor notice that the Minister considers it necessary to take the measures contained in the...

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: I move amendment No. 33: In page 24, between lines 23 and 24, to insert the following: “(1) A high-risk vendor measure shall not be challenged, including as to its validity, other than by way of an appeal under this section. (2) For the avoidance of doubt, in respect of a measure under section 25, no proceeding (including an application for judicial review) may be brought...

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: I do not believe that the vendors would want us to publish its names. They might find that damaging to their reputation and they would prefer if this were handled without publication of the fact that we consider that a particular product and vendor constitutes a risk, if it puts in a particular section of the communications network. I do not believe that the vendors would want that to...

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: What exactly is the Deputy's question?

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: It is anticipated that any consultation around serving these notices would require sensitive consultation, with a process involving a measure with the sending of a notice to the providers, meaning that they will be informed as part of the Minister making a measure. Affected vendors will be informed, where appropriate. The Deputy is then asking that there be a limit of five days.

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: My apologies to the Deputy, but I will have to come back to him later with a reply to that question as I do not have the information he is requesting now.

Communications Regulation Bill 2022: Report and Final Stages (25 Jan 2023)

Ossian Smyth: I move amendment No. 36: In page 25, lines 36 to 38, to delete all words from and including “and—” in line 36, down to and including line 38, and in page 26 to delete lines 1 and 2 and substitute the following: “, and remit the decision for reconsideration by the Minister subject to such directions as the Court considers appropriate.”.