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

Michael McNamara: I would like to speak to amendment No. 42.

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

Michael McNamara: I can move amendment No. 41 then, as it has not been formally moved yet.

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

Michael McNamara: I will discuss amendment No. 42. I do not understand the Minister's idea that this interferes with judicial independence. It merely states that if somebody challenges the making of a high-risk vendor notice, the Minister can go to court and provide it with all of the reasons he or she determines that the high-risk vendor notice is appropriate, much of which I anticipate will be based on...

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

Michael McNamara: I move amendment No. 27: In page 23, line 24, to delete “or public order.” and substitute the following: “and whereso occurs the Minister shall certify that the notice was made in the interests of national security.”. If the Minister is taking a measure on the basis of national security, as Ministers and Governments must do, what is wrong with saying a...

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

Michael McNamara: No, it is just this line 24 which I am trying to find. Given that the Minister is taking out the reference to "public order", it follows that a notice can only be made in the interests of national security. Presuming the Minister is going to move amendment No. 30, I think-----

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

Michael McNamara: I move amendment No. 31: In page 24, line 22, to delete “or public order” and substitute “and the Minister shall certify the reasons for dispensing with the requirement in subsection (1)”.

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

Michael McNamara: I move amendment No. 34: In page 24, between lines 26 and 27, to insert the following: “(2) A person affected by a high-risk vendor measure or a variation of such measure shall be informed of the making of such order as soon as practicable after the making of such an order and in any event within 5 days of the making of such an order.”. Is there a particular reason...

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

Michael McNamara: I welcome the fact the Minister of State intends to remove from the section the reference to "public order", which is a step forward, and every step forward, no matter how small, is to be welcomed. Regarding amendment No. 29, I do not accept the Minister of State’s reasoning. If the vendor is based outside the jurisdiction, it can still be contacted, and if it does not reply in...

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

Michael McNamara: I accept the Minister of State’s differentiation between the component and the security measures necessary to make that component safe, but I respectfully say that is all the more reason for the components to be listed in an objective, transparent way. I do not say the Minister should list the components by order and specify the security measures he requires to be undertaken to make...

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

Michael McNamara: Amendment No. 14 seeks to set out a process. It does not delete anything, as was the case with the previous amendment. It merely sets out a process to be followed in making a determination that a component is a critical component, or a class of components are critical components, and requires that the Minister would publish the proposed component or class of components and give reasons for...

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

Michael McNamara: I trust that the purpose of this exercise is to avoid the use of those components, where possible. If we want people to avoid the use of certain components, and the Minister of State has indicated to me that is the purpose of the exercise, but we do not tell companies or persons what components we want them to avoid using, it is entirely counter-productive. It is like saying we are going to...

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

Michael McNamara: I move amendment No. 12: In page 21, line 11, after “may” to insert “by order”. Basically, this amendment seeks to insert the phrase "by order" in page 21, line 11. Section 20(1) states that, "The Minister may prescribe any component or any class of components as a critical component or critical components." I suppose it is unusual in that it is not clear...

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

Michael McNamara: I thought so, but I did not want to contradict the Chair.

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

Michael McNamara: Yes. On Committee Stage, I asked the Chairman of the committee to ask the Minister of State to provide an explanatory memorandum. The Chairman did not do so but, to be fair to him, he said he was sure the Minister of State would come forward with a detailed explanation of what Ireland was doing, why we were doing it and which other countries were doing the same. While I received a mountain...

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

Michael McNamara: I thank the Minister of State for his clarification and explanation regarding the American ambassador. I am aware from responses to parliamentary questions that the ambassador met the Taoiseach several times since. I do not know whether this matter was discussed with the Taoiseach, but I do not wish to go down that rabbit hole. My primary concern has to do with the Minister of State's...

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

Michael McNamara: Like the previous speaker, I have concerns about this Part of the Bill. I do not know if his concerns extend to the whole Part but mine certainly do. As I previously stated, not only have I concern with the content of it, I also have a major concern with the process by which it was passed. As Deputy Ó Murchú pointed out, where the power is given to the Minister to proscribe a...

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

Michael McNamara: Okay, of course. I raised the definition of high-risk vendor with the Minister on Committee Stage in the committee room. It had been inserted the night before, so there was not a great deal of time to analyse it, but we were assured it was common in this type of legislation across the EU and that we were implementing an EU framework. When I asked whether there was particular legislation, I...

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

Michael McNamara: I wish to make a point of order. I may be incorrect on the matter but I ask the Acting Chairman to rule on it nonetheless. Parts of this Bill involve a draw on the Exchequer. A money message was provided when the Bill initially went through Committee Stage but there were many amendments made. There was a new Part 3 introduced with regard to high-risk vendors etc. Anything the Minister...

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

Michael McNamara: Even in respect of the Digital Hub Development Agency, I would have thought the transfer and so on would involve a cost on the Exchequer. Is it not proposed to transfer it? That would involve works by the Chief State Solicitor's Office. If I am wrong and if the Minister of State is happy to assure the House that there are no ancillary costs, such as conveyancing costs, I will stand...

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

Michael McNamara: There was a money message but that would have covered the expenditure involved in the Bill at the time it was passed. Obviously, however, a money message cannot give a carte blanche into the future. There were amendments made on Committee Stage that would involve a further cost to the Exchequer and they were not covered by any money message.

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