Seanad debates

Tuesday, 14 February 2023

Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages

 

2:30 pm

Photo of Ossian SmythOssian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

I am opposing this amendment. There are a number of steps in Part 3 involving decision-making by the Minister in the interests of national security. The Minister may assess at any time the likelihood of a vendor being subjected to interference by a third country and during that assessment he or she may consult with such appropriate persons or request any person to provide information. Following this, if necessary to control risks to the security of electronic communications networks or services, which may affect national security, he or she can issue a notice that states this very reason. If consultation would be contrary to the interests of national security, he or she must state the reasons for this. The same pattern and logic of decision-making in national security applies in section 26 with regard to keeping the existence or contents of the measure confidential. Part 3 of the Bill strikes an appropriate balance between the need to protect the confidentiality of information relating to the security of the State on the one hand and on the other hand the right of an appellant to have access to the courts and to fair procedures. As such, the amendment is unnecessary. Reasonableness is implicit in all decisions and considerations of the Minister.

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