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

Ossian Smyth: In the normal course of events and following the procedure laid out in the legislation, the Minister will decide whether to designate a vendor-----

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

Ossian Smyth: It will not. It will be a matter for the Minister on foot of the recommendation of the Department and other Ministers.

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

Ossian Smyth: It would come from the security services.

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

Ossian Smyth: The Irish State. The national security-----

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

Ossian Smyth: Will the Deputy repeat that?

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

Ossian Smyth: We are talking about any state outside the EU.

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

Ossian Smyth: It will apply generally to any country that is not an EU country.

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

Ossian Smyth: The national security analysis centre in the Department of the Taoiseach would advise.

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

Ossian Smyth: It would get that information from the security apparatus of the State, including the Garda and the Department of Defence.

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

Ossian Smyth: That might happen in certain circumstances. A decision may be made that a certain type of equipment cannot be used in a certain part of the network.

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

Ossian Smyth: Similar legislation is in place in 19 EU states.

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

Ossian Smyth: We certainly have. This is delicate, technical and sensitive.

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

Ossian Smyth: A high-risk vendor notice is issued to the relevant providers. For example, in the case of mobile networks, the notice will go to mobile network operators. In the case of fibre cable, the notice will issue to fibre cable operators. They are issued with a notice that specific companies or corporate entities are designated high-risk vendors and that particular types of equipment cannot be...

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

Ossian Smyth: ComReg's involvement is to monitor that.

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

Ossian Smyth: That would happen if such a notice were to be challenged. A challenge can be taken by the operator or the supplier.

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

Ossian Smyth: Naturally, vendors may say they do not consider themselves high risk and can challenge that in the courts.

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

Ossian Smyth: That is how it would end up in the High Court.

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

Ossian Smyth: It is software or hardware that is in use on the network. If I could have a moment, I will confer with my officials. It is not physically restricted to Ireland; it could be a cloud-based service.

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

Ossian Smyth: We have jurisdiction over the providers in this State so we can issue an order to a provider that is operating here regarding how it operates.

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

Ossian Smyth: It would be wrong of me to make a comment on that. In order to designate a provider as a high-risk vendor, we would have to go through due process. At this stage, no such assessment has been carried out, so I will not guess whether an entity is going to be a high-risk vendor.

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