Liz McManus (Wicklow, Labour)

I thank the Minister for taking the time to consider the points that have been made. The alarm bells went off when this proposal was originally discussed. Some of the concerns that continue to exist have been outlined by Deputy Coveney. I propose to refer to a note I have received, which relates to certain legal issues that may arise. I appreciate that the Minister may refute the arguments made in the note, now that he has had a chance to examine the matter. I want to highlight a couple of points that are made in the note and may be a factor in this debate. I was not aware of the points in question until I received the note.

The question of whether this measure is legal under EU law has been raised. The Minister is trying to define "DTT retransmission" as "cable retransmission" even though the EU directive on cable retransmission clearly sets out that they are separate. I assume the Minister can respond to that fairly basic point. As Deputy Coveney has said, the Minister is proposing to take away certain exclusive rights that are granted under the copyright directive. Perhaps the Minister can confirm whether the right of a copyright holder to be able to own the exclusive rights to broadcast certain material will be affected by the Bill before the House.

As a representative of Wicklow, where Ardmore Studios are based, I have concerns about another matter that was raised in the note that was sent to me. I want to be absolutely certain that this legislation will not have a negative impact in the general area of international law and trade relations. It has been argued that the Minister's proposals could well result in the US trade department putting Ireland on its "section 301" list, which is a list of countries the US is wary of because they do not respect intellectual property rights. Ireland was on that list until 2001, when the Copyright and Related Rights Act 2000 was enacted. It would not be a good idea to discourage US investment in the current economic climate. The measure we are discussing could have a particular impact on US investment in film-making at Ardmore Studios. The Minister needs to give us a firm commitment that he is satisfied the concerns raised in the note that was sent to me will not arise. It is obvious that TV3 has a particular interest in this matter. We all recognise that those involved in TV3 are running a business. We need to be conscious of the status of this legislation under EU law and the implications it will have on the intellectual property rights of US film products. I ask the Minister to deal with the concerns that have arisen on foot of this proposal. As far as I know, none of those concerns has been alleviated by the changes made by the Minister. Perhaps he can advise us to the contrary.

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