Results 1,321-1,340 of 2,990 for speaker:Ossian Smyth

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

Ossian Smyth: I move amendment No. 8: In page 18, between lines 25 and 26, to insert the following: "Obligation to provide information for the purposes of assessments under this Part 24.(1) The Minister may request any person to provide information that the Minister reasonably believes he or she requires for the purpose of section 21or 22. (2) A person who fails to make all reasonable efforts to...

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

Ossian Smyth: I move amendment No. 9: In page 18, between lines 25 and 26, to insert the following: "High-risk vendor measures 25.(1) Subject to section 22, the Minister may, if he or she considers it necessary to control risks to the security of electronic communications networks or electronic communications services which may affect national security or public order, by notice in writing (referred...

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

Ossian Smyth: I move amendment No. 10: In page 18, between lines 25 and 26, to insert the following: "Confidentiality of high-risk vendor notice 26.(1) The Minister may require a provider to which a high-risk vendor measure applies to treat as confidential the existence or contents of the measure and of the high-risk vendor notice in circumstances where the Minister considers that disclosure of the...

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

Ossian Smyth: I move amendment No. 11: In page 18, between lines 25 and 26, to insert the following: "Consultation before taking measures under section 25 27.(1) The Minister before taking any measures under section 25, shall— (a) consult with the provider or providers which would be subject to the proposed measures, and (b) make reasonable efforts to consult with the high-risk vendor in...

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

Ossian Smyth: I move amendment No. 12: In page 18, between lines 25 and 26, to insert the following: "Appeal of high-risk vendor measure 28.(1) A person affected by a high-risk vendor measure or a variation of such measure may, not later than 28 days after the person receives notice of the measure or variation, appeal the measure or variation to the High Court. (2) Pending the outcome of an appeal,...

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

Ossian Smyth: I move amendment No. 13: In page 18, between lines 25 and 26, to insert the following: "Material not publicly available that relates to security or public order of the State 29.(1) Where an appeal of a high-risk vendor measure or a variation in such measure relates to or involves any decision, evidence, document, material or any other matter that is not publicly available and relates to...

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

Ossian Smyth: I move amendment No. 14: In page 18, between lines 25 and 26, to insert the following: "Hearing of appeal of high-risk vendor measure other than in public 30.(1) The High Court shall exclude, from the hearing of an appeal of a high-risk vendor measure or a variation in such measure before it, all persons except— (a) a judge hearing the matter, (b) a judicial assistant, or other...

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

Ossian Smyth: I move amendment No. 15: In page 18, between lines 25 and 26, to insert the following: "Appeal to Court of Appeal from decision under section 28 31.The decision of the High Court under section 28shall be final and no appeal shall lie from the decision of the High Court to the Court of Appeal in any case save with leave of the High Court, which leave shall only be granted where the High...

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

Ossian Smyth: I move amendment No. 16: In page 18, between lines 25 and 26, to insert the following: "Commission to ensure compliance with and report to Minister on this Part 32.(1) The Commission shall take reasonable steps to ensure that providers comply with any high-risk vendor measure or any variation in such measure. (2) The Commission shall issue a report to the Minister on the operation of...

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

Ossian Smyth: I move amendment No. 17: In page 23, line 35, to delete "2022)." and substitute "2022);". The purpose of these amendments is to provide for new transitional provisions, specifically for the alternative dispute resolution procedure that was previously based on regulation No. 27 of the universal service regulations but will now be in Part 4 of the Bill. These provisions will provide that...

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

Ossian Smyth: I move amendment No. 18: In page 23, after line 35, to insert the following: “ “Universal Services Regulations” means the European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2011 (S.I. No. 337 of 2011).”.

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

Ossian Smyth: I move amendment No. 19: In page 28, between lines 18 and 19, to insert the following: “Application of Universal Service Regulations to certain disputes 39.Where on the coming into operation of this section, a dispute is before the Commission, or an independent person, for resolution in accordance with Regulation 27(4) of the Universal Service Regulations then, notwithstanding any...

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

Ossian Smyth: I move amendment No. 20: In page 28, between lines 18 and 19, to insert the following: “Continuation of measures under Universal Services Regulations 40.(1) Any measure that is in force under Regulation 27 of the Universal Services Regulations on the coming into operation of this section shall continue in force and be deemed to have been made under, and in accordance with, this...

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

Ossian Smyth: The purpose of the deletions and amendments outlined in amendments Nos. 21 to 33 is to rectify an issue identified in the transitional provisions found in sections 99 to 102, inclusive, of the Bill. Sections 99 to 101, inclusive, will now be moved into the European Union electronic communications code regulations 2022. It is proposed that section 102 be retained in an amended form.

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

Ossian Smyth: It will go through the secondary regulations. It will be done through the regulations.

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

Ossian Smyth: No, exactly.

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

Ossian Smyth: The section provides for notification given under section 17(1), or applications made under section 17(4), of the authorisation regulations, which notified undertakings that ComReg was suspending or withdrawing any rights of use for radio frequencies, or rights of use for numbers granted to the undertaking, and allowed ComReg to apply to the High Court for the payment of a financial penalty...

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

Ossian Smyth: It is related to that, yes.

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

Ossian Smyth: This section provides that where an application has been made to the High Court for the imposition of a financial sanction under regulation 37(4) of the framework regulations, regulation 19(4) of the access regulations, regulation 16(6) of the authorisation regulations or regulation 31(5) of the universal service regulations for a breach of those specific regulations by an undertaking, then...

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

Ossian Smyth: I move amendment No. 21: In page 75, line 20, after “of” to insert “this section”. We propose that this transitional provision be maintained in the Bill as it provides for an investigation that has commenced under the old regime. Where the undertaking has been given, there is an opportunity to state its views and remedy its non-compliance in accordance with...