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

Ossian Smyth: Yes, it is the security of the State. It is to avoid a situation where the critical infrastructure of the State presents a risk. For example, in the remote scenario that Ireland were to find itself at war with another country and that country had effective control over parts of our critical infrastructure, we might think twice about allowing vendors from that country to deploy remotely...

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

Ossian Smyth: There has been a challenge in Sweden. I understand the Swedish state was successful in that challenge.

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

Ossian Smyth: It is similar because Sweden is also in the EU. The measure is in line with the EU toolbox, which is our guiding principle. It makes sense that European countries take a unified approach to this problem and that individual countries do not stick out with different approaches.

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

Ossian Smyth: We cannot start doing it until the legislation is complete and has been passed. We expect that it will be some months before it is completed.

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

Ossian Smyth: The role of oversight, monitoring and enforcement is for ComReg.

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

Ossian Smyth: That is correct.

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

Ossian Smyth: The first piece of work is to carry out the risk assessment. The high-risk vendors will then be designated and the notices to the operators sent out. ComReg will then be responsible for monitoring the position thereafter. Those are the steps.

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

Ossian Smyth: It need not be a physical inspection; it is more likely that it will be a remote inspection which will assess the structure of the network and what is being used. It will be an ongoing job. It is not the case that ComReg only has to go out once and check the equipment.

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

Ossian Smyth: As part of the EU 5G toolbox process, a once-over was done across the entire network by ComReg.

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

Ossian Smyth: It was done in 2020.

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

Ossian Smyth: The assessment was not done to identify who is a high-risk vendor. It was done to assess what are the high-risk parts of the network that are susceptible to being hacked and would have a high impact as a result of being compromised.

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

Ossian Smyth: Yes, and then there is ongoing monitoring afterwards.

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

Ossian Smyth: It would be up to the State to make the case for that and then up to the judge to decide. They are the parameters.

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

Ossian Smyth: There is one section in the amendment-----

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

Ossian Smyth: The amendment specifies the criteria under which we decide whether an entity is a high-risk vendor. Part of that is the type of governmental system that is in place in the country where the vendor is located and the type of relationship between the vendor and the government of that country. In other words, for example, is this country a democracy or not? Does it have an independent...

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

Ossian Smyth: No, it is not. That is on the basis that the operator on whom we serve notice challenges it in the courts. If they do not comply then they have to comply. They are subject to-----

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

Ossian Smyth: Exactly, only if it is challenged. It is only if the vendor or the operator challenges it.

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

Ossian Smyth: The supervision regime is ComReg but the courts enforce it.

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

Ossian Smyth: Exactly. We would order-----

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

Ossian Smyth: ComReg will be the supervisor for the-----

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