Oireachtas Joint and Select Committees

Wednesday, 18 January 2023

Committee on Budgetary Oversight

Film Relief Section 481 Tax Credit: Discussion (resumed)

Ms Deirdre Donaghy:

They do exist. As I understand it, collective bargaining agreements by their nature are not legally enforceable. They are setting a standard that an industry on both sides - the employer and the employee sides - agrees to adhere to. People are free to negotiate. They are free to go outside that if they want, but this is setting a standard and a baseline for the sector. This is what is agreed.

Certainly, we can see that those agreements have been reached for large parts of the sector and seem to have been well received by the representative bodies included in them. The people who are bound by them on both sides seem to be satisfied with them and with how they are working.

The committee had Irish Equity speak before it. Mr. O'Brien from Equity referred to the US, where they have different rights, and stated that a tough union fought for the rights of performers and that was how they get the rights. That seems to be the nature of how it works: the union negotiates. It is important there is a representative body for anyone in a position where there is not an agreement at present. If Equity wishes to have an agreement, the logical place would seem to be to start negotiations.

Therefore, when it comes to talking about the return to the State, we have done the cost-benefit analysis, which is the things we can track and where we see returns.

When we were before the committee last June, the Deputy read out parts of a letter that had not been sent to us that seemed to be referring to suggestions of values being suppressed and so on. That would be very concerning and is something we would be very concerned about. We asked that it would be sent to us. When the individuals spoke to the committee, we followed it with great interest. That testimony focused on the buyout clauses and the performers' rights. Specifically, Mr. O'Brien and Ms Quinn, representing Irish Equity, both said that they were not saying that anyone was doing anything criminal, illegal or anything like that, and we are not suggesting that impropriety is reflective of the industry. It is very difficult for us to make progress on this because we often have things said to us in very general terms and then we have nothing specific on which to follow up. One of the hearings heard mention of unsafe working conditions and another member spoke of the forums and the avenues by which things like this can be reported. They can be reported on a confidential basis and so on. We can deal with things where there is something specific but it is very difficult for us to deal with or make progress when a very generalised comment is given to us and we can never really grasp a specific thing on which to follow up. If there is an instance where people think values are being suppressed or royalties are being diverted, then by all means, they can report it to Revenue or ourselves. There are avenues to do that.