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

Ossian Smyth: I move amendment No. 37: In page 26, line 6, to delete “or public order”.

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

Ossian Smyth: Are we discussing amendment No. 41?

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

Ossian Smyth: I accept the proposed deletion of "or public order" and, on that basis, I am accepting amendments Nos. 37 to 41, inclusive.

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

Ossian Smyth: For clarity purposes, I am accepting all the amendments that have "or public order" in the text, apart from amendments Nos. 31 and 32 because they have additional text after the words "or public order".

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

Ossian Smyth: I move amendment No. 40: In page 26, lines 22 to 25, to delete all words from and including “party” in line 22, down to and including line 25 and substitute the following: “party, and (c) take relevant material into account in making its decision in relation to the appeal regardless of the extent to which, or ways in which, the relevant material is provided...

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

Ossian Smyth: This amendment specifies that a different judge should hear this section of the process. I feel this is an interference in judicial independence. The courts can determine which judge hears which hearing. That is a question for the courts, rather than the Minister, to determine. There are alternative ways of dealing with the designation of vendors or specification of security measures....

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

Ossian Smyth: I just want to say that in respect of this amendment, Deputy McNamara used the word "accused". If an individual is accused of a crime in Ireland, he or she would like to see the evidence against him or her but nobody is being accused here. This is about the designation of a vendor's equipment as being high risk in a particular section of the Irish communications network. It is a...

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

Ossian Smyth: I move amendment No. 43: In page 27, to delete lines 13 and 14 and substitute the following: “30. If the High Court is satisfied, on an application by the Minister, that the hearing of an appeal of a high-risk vendor measure, or a variation in such measure, is likely to result in the disclosure of relevant material and that such disclosure would create a risk to the security of...

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

Ossian Smyth: I move amendment No. 45: In page 27, lines 31 and 32, to delete all words from and including “The” in line 31, down to and including line 32. Following some helpful discussion on the role of ComReg in the Committee Stage debate, I have introduced amendment No. 46 in order to allow ComReg to monitor a provider's compliance with high-risk vendor measures. ComReg may, if...

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

Ossian Smyth: I move amendment No. 46: In page 27, after line 34, to insert the following: “Commission to monitor providers’ compliance with high-risk vendor measures 33. (1) The Commission shall take reasonable steps to monitor providers’ compliance with high-risk vendor measures. (2) For the purposes of subsection (1), the Commission may serve a direction on a provider...

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

Ossian Smyth: I move amendment No. 47: In page 27, after line 34, to insert the following: “Review of operation of Part 34. The Minister shall— (a) not later than the end of the period of 2 years beginning on the day on which this Act is passed, commence a review of the operation of this Part, and (b) not later than 12 months after the end of the period of 2 years referred to in...

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

Ossian Smyth: I move amendment No. 48: In page 32, between lines 22 and 23, to insert the following: “ “Act of 2022” means the Consumer Rights Act 2022;”. These amendments were flagged on Committee Stage and they refer to alternative dispute resolution procedures. These amendments amend sections 38 to 40, inclusive, of the Bill. The intention of these amendments is to...

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

Ossian Smyth: I move amendment No. 49: In page 33, to delete lines 1 to 3 and substitute the following: “(b) a dispute between an end-user and a provider, arising under this Act or the Code Regulations, relating to contractual conditions or the performance of contracts (whether entered into or not),”.

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

Ossian Smyth: I move amendment No. 50: In page 33, line 7, to delete “Regulation, and” and substitute the following: “Regulation, (e) a dispute between an end-user and a provider relating to the imposition or purported imposition of a charge referred to in section 45 of the Principal Act, (f) a dispute between a consumer, within the meaning of the Act of 2022, and a trader,...

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

Ossian Smyth: I move amendment No. 51: In page 33, line 28, to delete “of electronic communications networks or services”.

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

Ossian Smyth: I move amendment No. 52: In page 33, line 30, after “settling” to insert “relevant”.

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

Ossian Smyth: I move amendment No. 53: In page 33, lines 30 and 31, to delete “with end-users relating to the contractual conditions or performance of contracts (whether entered into or not)”.

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

Ossian Smyth: I move amendment No. 54: In page 34, between lines 11 and 12, to insert the following: “(3) The Commission may specify requirements to be met for the purpose of ensuring compliance with subsection (1) and the manner of publication of a code of practice referred to in that subsection including, without limitation, any requirements to ensure that the code of practice and procedures...

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

Ossian Smyth: I move amendment No. 55: In page 41, to delete lines 23 and 24 and substitute “or either such decision;”. This is a minor technical and textual amendment that tidies up the original drafting language in section 57, which comprises the interpretation to Part 7. It makes no material change to the substance of the Bill, however.

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

Ossian Smyth: I move amendment No. 56: In page 48, line 4, before “refer” to insert “subject to subsection (4),”. The purpose of these amendments is to tidy up language in section 66, relating to settlements. The changes are purely technical in nature and merely seek to remove repetition from the section as originally drafted, as well as tidying up some cross-referencing....

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