6 Critical National Infrastructure Protection
6.1 State of Play
Until relatively recently, accepted best practice in Europe for the protection of critical national
infrastructure and services against cyber-attack involved two types of actions, (1) the
creation of a national incident response function such as the NCSC, and (2) instituting formal
information sharing arrangements whereby information relating to threats to this
infrastructure could be shared with owners and operators, including urgent information
relating to imminent threats. The NCSC established and still runs precisely these services
and has worked, on an ongoing basis, with utility operators and with similar bodies in other
jurisdictions to manage risks to Critical National Infrastructure in Ireland, including the active
management of ongoing incidents.
However, experience over time across Europe and elsewhere has made it clear that there is
a risk asymmetry between the public interest and that of many operators of this type of
infrastructure. In many cases, critical services remained vulnerable despite comprehensive
attempts by Government to provide information and support to operators. As such, and
building on work underway in some EU Member States and on previous Directives in
Telecommunications, the European Commission published a draft of the ‘Network and
Information Security Directive’ in 2013. This NIS Directive, which was formally agreed in
2016, included a series of measures aimed at improving the resilience of Critical National
Infrastructure across 7 different sectors (including energy, transport, drinking water, banking,
financial markets, healthcare and digital infrastructure). These measures include requiring
Member States to formally assess their infrastructure, and legally designate so called
‘Operators of Essential Services’ – those entities that are critical to the provision of these
services in each State. Moreover, these entities are required to be made subject to a formal
set of security requirements, and to a binding incident reporting requirement. As such, the
NIS Directive aims to (a) compel improvements in the security and resilience of Critical
National Infrastructure, and (b) improve State awareness of cyber security incidents across
Europe, and (c) allow for greater consistency and coordination of response at an EU level.
The 2015 strategy was written in anticipation of the NIS Directive, and detailed work was
underway from before the Strategy was complete on a detailed assessment of Critical
National Infrastructure in Ireland, which included an Infrastructure Interdependency Study
with the UK (completed mid in 2017). These assessments were then used to derive a
national list of Operators of Essential Services (OES), which were formally designated
following the transposition of the NIS Directive in Ireland in September 2018 by S.I. 360 of
25
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents