Security risk: Government proposal allows ban on Huawei from 5G networks

The Government has introduced new legislative proposals that will allow it to ban companies from supplying technology to critical parts of the next generation of mobile networks where they are deemed to pose a “threat to national security”.

The provisions come on the back of moves by a number of European countries – following the lead of the US and Australia – to exclude Chinese telecoms giant Huawei from supplying critical parts of 5G networks.

Those countries have argued that Huawei poses a security risk based on fears that the Chinese state, through its various intelligence services, could force the company to provide it access to the infrastructure.

Huawei has long disputed the claims and is currently appealing to the EU’s Court of Justice a decision by the courts in Sweden banning companies from using Huawei 5G technology.

The Department of Environment, Climate and Communications has introduced an amendment to its Communications Regulation Bill 2022 which will give the Minister the powers to designate parts of the communications network as being “critical or sensitive”.

It furthermore will exclude network technology from “high-risk vendors” being used in those critical areas.

In a statement to the Irish Examiner, the department said 5G mobile networks will play a vital role in economic growth, job creation and the delivery of public services.

“It is essential that we have provisions in place, to protect these networks and to ensure Ireland’s economic prosperity and national security," it said. 

"The amendments that were brought to Committee, as part of the Communications Regulation Bill, on ‘High Risk Vendors’ address this.” 

It said the proposals are in line with the EU 5G “security toolbox”, published in January 2020, which addresses technical and strategic risks, and outlines restrictions on suppliers considered as high risk from supplying equipment for “key assets”.

The department said: “Under this legislation, which is being added as an amendment to the Communications Regulation Bill, the risk profile of vendors will be assessed using objective criteria. Any exclusions or restrictions will be based on clear legislation and a thorough risk assessment, in cases where there is a threat to national security.” 

The provisions are based on a national risk assessment conducted by the National Cyber Security Centre and the regulator, ComReg.

This assessment found there were significant technical and strategic risks associated with 5G networks.

In line with policy, neither Ireland nor the EU mentions specific companies.

Eir – one of Ireland’s top three mobile phone providers – uses Huawei technology in its 5G services, but has said it does not use it in its core network. The other two providers, Three Ireland and Vodafone, say they are using Ericsson technology.

Huawei, which has its headquarters in Schenzhen, China, was caught up in a spying controversy last week when the US charged two alleged Chinese intelligence agents with attempting to interfere with a criminal investigation into Huawei.

Earlier this month, Huawei announced a €150m investment – with the creation of 200 jobs – at its first European cloud hub in Dublin.

There was no comment from Huawei Ireland.