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

Ossian Smyth: No. ComReg is the supervisor of the regime and of the operators and the vendors.

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

Ossian Smyth: Obviously, we are not going to attempt to enter a premises in a foreign country but we do have supervisory control or jurisdiction over the operators that are physically located in or licensed to operate in Ireland. We can issue orders to them to configure their equipment or to provide us with information about their equipment, regardless of where it is located. If we do not want them to...

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

Ossian Smyth: ComReg will-----

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

Ossian Smyth: ComReg will have power of inspection, power of entry, and the power to acquire network passwords.

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

Ossian Smyth: No. With the networks, if the operator is physically located in ireland or if it is operating from Ireland and is licensed here, it has control. That is the very nature of what an operator is. It has control of its operations wherever they are located around the world. It can see them and inspect them from its central base. If it is being regulated and inspected by ComReg, which has...

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

Ossian Smyth: Of course they can. Take for example a mobile operator that has a collection of equipment that is physical and virtual, and which is located in different locations around the country-----

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

Ossian Smyth: Okay, let us say it is in the cloud and is located in a data centre in another country. ComReg can come into that operator and can require them to show ComReg any part of their network, and can compel them to provide any information required, and the operator will have to comply with that direction.

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

Ossian Smyth: The data being located in another country does not make it harder to inspect. It is under the effective control of the operator.

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

Ossian Smyth: They can carry out an inspection, just as they could regardless of where the data is located. It is absolutely irrelevant where the actual, physical location of the machines are that are storing the software that is operating the network.

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

Ossian Smyth: Yes.

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

Ossian Smyth: There is nothing on that in the legislation but the Minister of the day will keep it under review.

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

Ossian Smyth: Is the Chairman asking whether there is existing legislation to do that under what is in force at the moment? There is not, and this is why we are bringing forward this legislation.

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

Ossian Smyth: Exactly.

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

Ossian Smyth: I will certainly consider bringing forward an amendment on Report Stage. We will see to that.

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

Ossian Smyth: I move amendment No. 4: In page 18, between lines 25 and 26, to insert the following: “Critical components 20.(1) The Minister may prescribe any component or any class of components as a critical component or critical components. (2) Without prejudice to the generality of subsection (1), in prescribing a component or class of components, the Minister may have regard to: ...

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

Ossian Smyth: I move amendment No 5: In page 18, between lines 25 and 26, to insert the following: “Minister to assess likelihood of vendor being subjected to interference by third country 21.(1) The Minister may assess at any time, and on an ongoing basis, the likelihood of a vendor being subjected to interference by a third country. (2) Without prejudice to the generality of the matters...

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

Ossian Smyth: I move amendment No. 6: In page 18, between lines 25 and 26, to insert the following: “Assessment as high-risk vendor 22.(1) Where the Minister makes an assessment - (a) in accordance with section 21, that there is a likelihood of a vendor being subjected to interference by a third country, (b) that there is a significant risk that a vendor will not be able to secure supply...

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

Ossian Smyth: We are discussing amendment No. 6.

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

Ossian Smyth: For the assessment as a high-risk vendor, where the Minister makes an assessment in accordance with section 21 that there is a likelihood of a vendor being subjected to interference by a third country, that there is a significant risk that a vendor will not be able to secure supply of critical components, that the overall quality of critical components provided by a vendor is inadequate, or...

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

Ossian Smyth: There are a few issues. Deputy McNamara was asking about the general transparency provisions around this. I was talking about how in one section of the Bill, we discussed the nature of the judicial system and the democratic system, or lack of, in the country of the vendor and, in another section, we are discussing the quality of the components and so on. Therefore, if a vendor is put on...

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