Results 981-1,000 of 2,990 for speaker:Ossian Smyth

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: I am not proposing to accept this amendment. The Minister routinely consults with the Commission for Communications Regulation, ComReg, during the making of regulations which have relevance to its work. The Department and ComReg have a productive and contrastive relationship in this regard. However, mandating the Minister to consult ComReg in all instances where regulations can be made...

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: It is crystal clear to me that in one section one has to consult and in the other section one does not. I do not think the two sections are in conflict with each other. I understand what Senator Higgins is saying that one part applies to the entirety of the Act; it does not say that one must not consult. There is simply one section where consultation is necessary and another section where...

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: I am not accepting this amendment. It would curtail the Minister's power to make regulations necessary for the functioning of this regime. The primary reason for which we expect the Minister to make regulations is in respect of the adjudication regime to be established under Part 7. These regulations are procedural in nature but they are important in providing the nuts and bolts that will...

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: We are waiting for a response from the European Court of Justice for a hearing date and we do not know how much it would fine us, what the amount would be or how many days it would be dated to. We are in a situation where we were advised that we could not transpose this legislation through statutory instrument. It is normally done through secondary legislation but because the adjudication...

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: It is 21 December 2020.

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: We are considerably late.

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: This amendment fixes a simple typographical error.

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: This is not novel legislation. We are not starting to do this here. This approach was taken with the Competition (Amendment) Act 2022. There are considerable similarities between the Bill and that legislation. Section 18 covers a broad suite of decisions, including appeals, namely: appeals against all regulatory decisions of ComReg under the European Union (Electronic Communications Code)...

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: The situation that currently arises is that a company wishes to supply a service to the public, which the public deserves to receive, but finds it cannot do so because a regulated entity simply uses a large quantity of its cash reserves to frustrate the process in the courts by means of endless appeals, technical moves and so on. For that reason, I believe it is right to apply some kind of...

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: I propose the deletion of the words "public order" from Part 3 in order to ensure that the Minister will have the high bar of national security as a consideration in regard to security measures when it comes to certain vendors under this Part. As I am proposing this deletion, I do not propose to accept this amendment No. 37 in the name of Senator Higgins.

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: I am opposing this amendment. There are a number of steps in Part 3 involving decision-making by the Minister in the interests of national security. The Minister may assess at any time the likelihood of a vendor being subjected to interference by a third country and during that assessment he or she may consult with such appropriate persons or request any person to provide information....

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: I am not accepting this amendment. Senator Higgins describes a situation where a Minister comes into office and does not even know which relevant vendors have had notices written to the operators on them. Section 32 specifically addresses that because it requires ComReg to issue a report to the Minister on the vendors that have been scheduled under the security measures that have been...

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: This amendment fixes a typographical issue.

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: I am making this deletion as it was accepted in error. Section 25(3) serves the same purpose by a relevant vendor notice, which will specify 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 and, where the Minister...

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: I have always envisaged that the report to both Houses of the Oireachtas would contain information on the number of confidentiality orders and appeals as well as further information. However, there will not be any regulations made under this Part. While I am not going to accept this amendment, I will ensure that the information released includes what the Senator has requested and that it...

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: I thank the Senator for putting forward these amendments. I propose to accept amendment No. 60 but not amendments Nos. 54 to 59, inclusive. Amendment No. 54 would frustrate the purpose of a section providing for a minimum quality of service. The aim of the provision is to provide a tool for ComReg to use when necessary and if the market does not provide acceptable quality-of-service...

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: I agree with the intention of this amendment and I understand it, because we could have a situation where consumers are receiving automatic compensation payments and then think that is it, they are being fobbed off and do not understand their rights are not curtailed. I agree with this proposed amendment, therefore. I think it is a good one and I accept it.

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: I thank the Senator. I do not propose to accept these amendments. Section 41(1) imposes an obligation on operators to establish procedures for dealing with complaints in settling disputes. Section 42(1) requires operators to have a code of practice in place. Should it be necessary for further detail to be put on these obligations to further elaborate on the requirement that they be...

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: Yes, subject to consultation.

Seanad: Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages (14 Feb 2023)

Ossian Smyth: These amendments are to reflect the new ministerial title and change it to the Minister for Public Expenditure, National Development Plan and Reform.