Michael McGrath (Cork South Central, Fianna Fail) | Oireachtas source

I am of course aware of the Committee on Budgetary Oversight’s recent report on the section 481 film tax credit and I note that the amendments put forward by the Deputies stem from the recommendations contained in that report.

On copyright, I would note that copyright law falls within the remit of the Department of the Enterprise, Trade and Employment. Copyright is relevant for many workers in the film sector, including authors, producers, broadcasters and performers, and there are complex legal issues involved. I have been informed that an independent facilitator has been retained by Screen Ireland to meet with key stakeholders to understand and discuss issues relevant to the digital single market directive, also referred to as the copyright directive. Meetings have been held over the past number of months and further engagement is ongoing. I understand that stakeholders on all sides of this issue are actively engaging in the process. It is critical that any potential amendments to section 481 do not front-run this important piece of work. The outputs from it will inform future policy considerations. In the interim it is worth noting, as I have stated on a number of occasions through parliamentary questions, that copyright legislation applies regardless of whether it is referenced as part of the application process for section 481 or not.

I would make the point that the Deputies refer to actors and performers being subject to lesser terms relative to their counterparts under trade union agreements negotiated in other jurisdictions. A UK Pact-Equity agreement contract has been cited a number of times in this regard. I understand that in the Irish industry, a contract virtually identical to this is used predominantly in respect of large incoming international productions. However, I also understand that the terms of the UK agreement do not have universal acceptance by Irish actors and has in some cases been rejected. In particular, for creatives employed on indigenous low-budget productions that are less likely to garner a profit in the long run, the UK agreement is not considered attractive by many actors. This illustrates the complexity of the issues underlying these proposed amendments.

It is not my place as Minister to dictate to actors and creatives what their stance on their pay and conditions should be. Rather, this is a decision for the workers themselves and for their representative union to seek agreement in negotiations with employer representatives. It is my hope that the process that is currently being facilitated by Screen Ireland will lay the foundations for such an agreement. There is a clear precedent for this form of progress in the sector. Committee members will be aware that there has been significant progress in relation to the terms and conditions provided to film workers over the last number of years through various union agreements, including modernised crew agreements for film and construction crew.

Regarding the additional issues raised by Deputies Boyd Barrett, Kenny, Murphy and Smith with regard to the work undertaken by the Committee on Budgetary Oversight, it is important to acknowledge that the recommendations in the committee’s report relate to areas of responsibility for a number of Departments in addition to my Department. In relation to any specific workplace disputes, the Workplace Relations Commission and the Labour Court are the organs of the State tasked with the resolution of such matters. As already stated, I am also aware that significant progress has been made through the introduction of new collective bargaining agreements in the sector. My officials will continue to monitor progress in this space. On the potential for a stakeholder forum, I understand that the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media is actively progressing work in this regard. I would also note that my officials have directly engaged with all relevant representative bodies in the sector, including those representing crew, cast and producers, with a view to understanding the issues affecting the audiovisual sector.