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Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Estimates for Public Services 2023
Vote 11 - Public Expenditure and Reform (Revised)
Vote 12 - Superannuation and Retired Allowances (Revised)
Vote 14 - State Laboratory (Revised)
Vote 15 - Secret Service (Revised)
Vote 17 - Public Appointments Service (Revised)
Vote 18 - National Shared Services Office (Revised)
Vote 19 - Office of the Ombudsman (Revised)
Vote 39 - Office of Government Procurement (Revised)
Vote 43 - Office of the Government Chief Information Officer (Revised)
(8 Feb 2023)

Ossian Smyth: The perception that a supplier has performed a contract badly is not enough to exclude them-----

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Estimates for Public Services 2023
Vote 11 - Public Expenditure and Reform (Revised)
Vote 12 - Superannuation and Retired Allowances (Revised)
Vote 14 - State Laboratory (Revised)
Vote 15 - Secret Service (Revised)
Vote 17 - Public Appointments Service (Revised)
Vote 18 - National Shared Services Office (Revised)
Vote 19 - Office of the Ombudsman (Revised)
Vote 39 - Office of Government Procurement (Revised)
Vote 43 - Office of the Government Chief Information Officer (Revised)
(8 Feb 2023)

Ossian Smyth: -----even if the contract stopped. One would have to prove and have evidence that the supplier was the party at fault. A contract might stop because it had been really poorly specified by the buyer. One might have ordered something that was impossible to deliver or that would take too long or that did not actually solve the problem. If the contract stops at some point, to prove, to...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Estimates for Public Services 2023
Vote 11 - Public Expenditure and Reform (Revised)
Vote 12 - Superannuation and Retired Allowances (Revised)
Vote 14 - State Laboratory (Revised)
Vote 15 - Secret Service (Revised)
Vote 17 - Public Appointments Service (Revised)
Vote 18 - National Shared Services Office (Revised)
Vote 19 - Office of the Ombudsman (Revised)
Vote 39 - Office of Government Procurement (Revised)
Vote 43 - Office of the Government Chief Information Officer (Revised)
(8 Feb 2023)

Ossian Smyth: In that case, a supplier could be excluded from making another bid in the future. I think the Deputy's question at the start was whether there is a network for different public sector buyers to tell each other that somebody has been convicted or has been successfully sued. Was that the question?

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Estimates for Public Services 2023
Vote 11 - Public Expenditure and Reform (Revised)
Vote 12 - Superannuation and Retired Allowances (Revised)
Vote 14 - State Laboratory (Revised)
Vote 15 - Secret Service (Revised)
Vote 17 - Public Appointments Service (Revised)
Vote 18 - National Shared Services Office (Revised)
Vote 19 - Office of the Ombudsman (Revised)
Vote 39 - Office of Government Procurement (Revised)
Vote 43 - Office of the Government Chief Information Officer (Revised)
(8 Feb 2023)

Ossian Smyth: I am not aware whether there is a channel for buyers to share information on particular suppliers who have been found to be non-compliant.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Estimates for Public Services 2023
Vote 11 - Public Expenditure and Reform (Revised)
Vote 12 - Superannuation and Retired Allowances (Revised)
Vote 14 - State Laboratory (Revised)
Vote 15 - Secret Service (Revised)
Vote 17 - Public Appointments Service (Revised)
Vote 18 - National Shared Services Office (Revised)
Vote 19 - Office of the Ombudsman (Revised)
Vote 39 - Office of Government Procurement (Revised)
Vote 43 - Office of the Government Chief Information Officer (Revised)
(8 Feb 2023)

Ossian Smyth: That is a very fair concern to have and I am happy to look into it or investigate it and give a more detailed response.

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....

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

Ossian Smyth: I move amendment No. 57: In page 48, to delete lines 5 to 14 and substitute the following: “(4) Where at the time the notified person is given a copy of the report in accordance with subsection (3)(b)where the matter has been referred for adjudication under section 67(b)— (a) the authorised officer shall notify the adjudicator concerned of the withdrawal of the referral...

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

Ossian Smyth: I move amendment No. 58: In page 48, line 15, after “following” to insert “the confirmation of”.

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

Ossian Smyth: I move amendment No. 59: In page 48, line 19, after “consent” to insert “confirmed”.

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

Ossian Smyth: I move amendment No. 60: In page 96, after line 17, to insert the following: “PART 10 AMENDMENTS TO DIGITAL HUB DEVELOPMENT AGENCY ACT 2003 Amendment of Digital Hub Development Agency Act 2003 133.The Digital Hub Development Agency Act 2003 is amended— (a) in section 15(1), by the substitution of “8 members” for “14 members”, and (b) in...

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

Ossian Smyth: I move amendment No. 61: In page 96, after line 17, to insert the following: “PART 11 AMENDMENT TO POSTAL AND TELECOMMUNICATIONS SERVICES ACT 1983 Financing for the purposes of maintaining post office network and countering consequences of Brexit 134.The Postal and Telecommunications Services Act 1983 is amended by the insertion of the following section after section 29: ...

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,...

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