Dr. Eoin O'Dell:

Yes, I will answer the questions that Senator Daly posed. I will make three brief points. I am familiar with the Canadian approach and, in fact, section 3 of my Bill is modelled on the Canadian legislation.

The main example in respect of the suggestions I am making to prevent inappropriate commercial usage is Australia, but South Africa has good provisions too. Permission is sought because it is required and where it is refused, there does not tend to be inappropriate commercial use. In Australia the mechanism used in requiring the seeking of permission in advance is copyright law. Once something is no longer covered by copyright, I assume the matter is dealt with by other similar means. That prevents most instances of egregious use. If somebody wants to use Amhrán na bhFiann for an advertisement on television and is refused permission to do so by the Department, I cannot see an attempt to broadcast the advertisement being made. I take the Minister of State's point that there have been some bad examples of prosecutions brought for misuse. China and India are good examples in that regard, but there is nothing in any proposal I have made before the committee that involves a prosecution. My suggestion on guidelines and protocols in legislation was precisely that things should, not ought to, happen but for which there would be no sanction to avoid the appalling vista to which the Minister of State referred of prosecuting footballers who bend a knee rather stand than stand to attention. I agree completely with the Minister of State that we should respect freedom of expression, which is why the provisions included in my draft proposals related to dignity and respect are cast only in terms of what should be done and not seen as an obligation.

They are my three points. Australia is an example of a country in which the procedure in place ensure the most inappropriate uses do not happen. There are many other bad examples, but I do not think the legislation I have proposed or anybody else is suggesting falls into the category which includes China. I agree completely that if somebody wants to use the national anthem to make a protest, he or she should be able to do so. My draft proposals would not prevent that from happening.