Leo Varadkar (Dublin West, Fine Gael)

Fine Gael accepts the Bill. It will introduce a public lending right to protect the intellectual property of writers and artists who ensure that a further remuneration scheme is in place to pay royalties to these people. This change should have been made some time ago. As the Minister has admitted it is only coming forward now as a result of enforcement proceedings under Article 228 of the consolidated treaties. If the Bill is not adopted obviously the Government will face action before the European Court of Justice, resulting in fines, the cost of which will fall on the taxpayer. For this reason we will co-operate with the speedy passage of the Bill.

However, as a future point, although I appreciate the Union is becoming more effective at enforcement proceedings and such proceedings are happening much faster than in the past, at the same time we will see the Government responding to reasoned opinions faster than in the past. I accept we are doing better than most of our European neighbours in terms of transposing legislation but we need to do better. Unfortunately, but for the failure of the constitution, which would have given the Union a legal personality and would have allowed European legislation to effectively become federal legislation, we would not have to undergo this process. It looks as if we are stuck with that for the time being, at least until we can revisit the constitution at a future point.

I wish to address the Government's record on copyright. In doing my research I came across emergency legislation in 2004 where the Government had paid €12.6 million for the James Joyce papers including early drafts of Finnegan's Wake but could not exhibit them in the National Library due to breach of copyright law. This does not seem to be the first time we have had to rush through emergency legislation because the Government has not got it right the first time around.

There are a few questions that need to be raised. I note the cost estimates, €600,000 as set-up and €1 million as the annual cost. I would be interested to hear the basis for those figures and how they are calculated and whether there are any projects for the years ahead. If the cost is €1.1 million in the first full year what will happen after that and how will the Minister be held to account? Who will be held to account if those figures prove to be incorrect or inaccurate as they so often do?

I note the Bill will separate into maximum and minimum remuneration levels but I do not know exactly how the royalties will be negotiated — if there will be negotiation or if they will be decided upon by another body. Section 79 provides that they be paid by An Chomhairle Leabharlanna. Will that money come directly from central Government and then be paid out by An Chomhairle Leabharlanna or will the money come from some other source or from local authorities? I am concerned that at some point it will fall on local authorities yet again to pick up the bill. Those of us who come from the council are conscious of the extent to which central Government has imposed on local government, by increasing demands to produce services and making payouts to other bodies, yet has consistently refused to bring in real local government reform and reform on the financing of local government. I am concerned that if we do not have a guarantee that this will come from Central Funds that this cost will fall on local government as well.

I am interested to know if the Bill in any way affects the position of the copyright libraries, the National Library and Trinity College Library, and if they will still be entitled to copies of literature as they were in the past. Has that right been altered in any way?

Local government projections for 2010 show a €1.6 billion shortfall in local government funding. If this cost falls to local government and to local government libraries there is a risk that the cost will fall to people borrowing books. Certainly we do not want that to happen. I would welcome a reassurance from the Minister in that regard.

It was stated that educational institutions will be exempt and their state will not be affected. What is happening increasingly in Ireland, and it is a good development, is the co-locating of many of our public services. In one part of my constituency a primary school and a secondary school on the same campus share a library which is not only an education institutional library but is also a community lending library. The community centre is also the school hall. This is a very good model for developing new communities but how can we ensure that this library, which is the school library and the public lending library, is exempt, or is it? Has provision been made for that in the legislation? If I get satisfactory answers to those questions we will be happy to support the Bill and to wish it a speedy passage through the Oireachtas.

Authors and artists deserve recognition for their work and the House should be happy to ensure they get their fair share. I hope that with the passage of the Bill the Government will take seriously the vital work that libraries perform not just as an educational service but as a social service. As often happens with post offices and schools they can become part of our community. At budget time I trust the Minister will make it clear to the Minister for Finance that funding must be provided to finance this Bill and ensure it comes entirely from Central Funds.

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