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Written Answers — Department of Communications, Climate Action and Environment: National Broadband Plan (7 Apr 2022)

Ossian Smyth: The cost to the taxpayer for the completion of the National Broadband Plan (NBP) high speed broadband network under a contract with National Broadband Ireland (NBI) is capped at €2.7 billion over 25 years. This figure includes €480 million for contingency costs, which are only allowed under specific circumstances. Since the NBP contract was signed in November 2019, my Department...

Written Answers — Department of Communications, Climate Action and Environment: Departmental Schemes (7 Apr 2022)

Ossian Smyth: The roadmap for the introduction of a Deposit Return Scheme for plastic bottles and aluminium cans was outlined in the Waste Action Plan for a Circular Economy, published in September 2020. In November last year, I signed the Separate Collection (Deposit Return Scheme) Regulations 2021, providing the legal framework for the scheme, in particular the terms under which a scheme operator may be...

Written Answers — Department of Communications, Climate Action and Environment: Waste Management (7 Apr 2022)

Ossian Smyth: Local authorities are responsible for municipal waste collection and waste management planning within their functional areas. The obligations on local authorities in relation to collecting household waste are set out in section 33 of the Waste Management Act 1996, as amended. In summary, it provides that each local authority shall collect, or arrange...

Written Answers — Department of Communications, Climate Action and Environment: Broadband Infrastructure (7 Apr 2022)

Ossian Smyth: Mobile coverage obligations are set out in licences granted by the independent regulator, ComReg, to mobile operators. ComReg advises that the current minimum coverage obligations in those licences are being considerably exceeded by all operators.Capital investment by telecommunications operators over the last 5 years was in the order of €3.3 billion for both fixed and mobile...

Written Answers — Department of Communications, Climate Action and Environment: Cybersecurity Policy (7 Apr 2022)

Ossian Smyth: The measures to be taken by my Department to protect and mitigate against cyber security incidents are guided by the National Cyber Security Strategy 2019-2024. The Strategy is a whole-of-Government strategy to address the growing threat of cyber security incidents, to ensure Ireland can benefit fully from the digital transformation. The Strategy includes 20 separate measures to safeguard...

Written Answers — Department of Communications, Climate Action and Environment: Broadband Infrastructure (7 Apr 2022)

Ossian Smyth: As set out in the Programme for Government, ensuring access to high-quality internet connections for people across Ireland is essential to the development of all parts of our country, socially and economically. Facilitating remote working and innovation opportunities is key to addressing climate change, adapting in an evolving economy, and competing internationally. A combination of...

Written Answers — Department of Communications, Climate Action and Environment: Broadband Infrastructure (7 Apr 2022)

Ossian Smyth: I propose to take Questions Nos. 216 and 217 together. The National Broadband Plan (NBP) State led Intervention will be delivered by National Broadband Ireland (NBI) under a contract to roll out a high speed and future proofed broadband network within the Intervention Area which covers 1.1 million people living and working in the over 554,000 premises, including almost 100,000 businesses and...

Carbon Budget: Motion (6 Apr 2022)

Ossian Smyth: I move: That Dáil Éireann shall approve the carbon budgets, copies of which were laid before Dáil Éireann on 24th February, 2022, pursuant to Section 6B(7) of the Climate Action and Low Carbon Development Acts 2015 to 2021 regarding the approval of the carbon budget. I thank the Ceann Comhairle for inviting me to discuss the proposed carbon budget programme, which,...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Protection Act 2018 (Section 60(6)) (Office of the Ombudsman) Regulations 2022 (6 Apr 2022)

Ossian Smyth: I thank the Chairman and members of the committee for inviting me to speak today. I will begin by introducing in general terms the draft statutory instrument and the background to it. The Office of the Ombudsman performs a vital role in ensuring good administration across the civil and public service. Part of this role includes investigating complaints in regard to particular incidents and...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Protection Act 2018 (Section 60(6)) (Office of the Ombudsman) Regulations 2022 (6 Apr 2022)

Ossian Smyth: I thank Senator Higgins. I agree that GDPR is often used by service providers as an excuse not to service a request, sometimes perhaps through a misunderstanding of GDPR and not having read what the principles are and so on. This clarifies the situation. Under the previous data protection legislation, there was a complete exemption for the Ombudsman from all data protection rules. Under...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Protection Act 2018 (Section 60(6)) (Office of the Ombudsman) Regulations 2022 (6 Apr 2022)

Ossian Smyth: I take Deputy Farrell's point. I think what she is saying is that the whole purpose of this exemption is to allow the Ombudsman to perform its function without being frustrated-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Protection Act 2018 (Section 60(6)) (Office of the Ombudsman) Regulations 2022 (6 Apr 2022)

Ossian Smyth: -----by vexatious delays. What if somebody uses the appeal mechanism as a way to delay? There has to be an appeal mechanism.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Protection Act 2018 (Section 60(6)) (Office of the Ombudsman) Regulations 2022 (6 Apr 2022)

Ossian Smyth: Otherwise, a bad Ombudsman could reject things out of hand say this prevents him or her from carrying out his or her functions. One has to have an appeal. Deputy Farrell's worry is that the appeal will be too much of a delay. Do I have that right?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Protection Act 2018 (Section 60(6)) (Office of the Ombudsman) Regulations 2022 (6 Apr 2022)

Ossian Smyth: The Data Protection Commissioner is independent in the performance of her functions and has statutory requirements to carry them out. The Ombudsman or I cannot effect her timelines directly in that way. It is a matter for the Data Protection Commissioner who I encourage the committee to bring in to ask directly about her timelines. However, I can see the Deputy's point. What if somebody...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Protection Act 2018 (Section 60(6)) (Office of the Ombudsman) Regulations 2022 (6 Apr 2022)

Ossian Smyth: As we all know, GDPR is a European directive. We implement it but we do have some latitude in how we do it. Part of it is that one of the principles in GDPR is that one can process data in a way that is consistent with primary legislation. If one wants to use personal data in a particular way or if the State needs to use it in order to carry out its functions, one can pass a law to do...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Protection Act 2018 (Section 60(6)) (Office of the Ombudsman) Regulations 2022 (6 Apr 2022)

Ossian Smyth: I take the Deputy's points. What I was trying to say is that although I believe GDPR entails European legislation, we have much flexibility in how we implement it and that if we do change our laws to provide for the sharing of data in particular circumstances, we can use this. I understand the Deputy's frustration from having asked parliamentary questions myself and from having had all the...

Seanad: Carbon Budgets: Motion (5 Apr 2022)

Ossian Smyth: Thank you, a Leas-Chathaoirligh, for inviting me to this session to discuss the proposed carbon budget programme which, following a lengthy consultation and review process, received approval from my Cabinet colleagues back in February and is now before both Houses of the Oireachtas for final approval. As part of the consultation and review process, the Joint Oireachtas Committee on...

Seanad: Carbon Budgets: Motion (5 Apr 2022)

Ossian Smyth: I thank the Senators for their sincere comments. One Senator asked about the staffing in the National Parks and Wildlife Service. The Minister of State, Deputy Noonan, has managed to double the staffing numbers in the budget for it. Senator Moynihan asked about building emissions. We have an ambitious national development plan. Naturally, there will be emissions as a result of a large...

Written Answers — Department of Communications, Climate Action and Environment: Waste Management (5 Apr 2022)

Ossian Smyth: Since 2006 the landfill remediation programme has provided approximately €190m funding to risk assess and remediate 150 landfill sites. This includes €52m for the former ISPAT site at Haulbowline, Co. Cork.  To date remediation work has been completed on 46 sites. In 2021 funding was provided for 72 sites across 22 local authorities with expenditure of just under...

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