Eamon Ryan (Dublin South, Green Party)

The fundamental point made by Deputy Coveney in his analysis is similar to the point I am making. He is correct to say that a change has been made since Committee Stage. These provisions cannot apply to a company that is broadcasting on the Irish DTT platform on a free-to-air basis. They are exclusively available to companies that have encrypted, subscriber-based systems in place.

I wish to respond to the point made by Deputy McManus about EU law. We have engaged in detailed analysis of this highly complex legal area. We believe this aspect of the legislation is firmly within the EU legal framework. Examples from other countries back up that point. We have received detailed advice on the matter from the Office of the Attorney General and other sources.

I am not quite certain of the point being made by Deputy McManus in her comments on the question of exclusive rights. The measure we are discussing relates to retransmission, rather than to primary rights for Ireland. Such rights will not be affected. We are talking about programmes that are retransmitted after the primary transmission was in another country. I do not know if that answers the Deputy's question about exclusive rights.

Deputy McManus's third point related to the possibility of this legislation giving rise to concern in the US. We have to bear in mind that rights will continue to apply. The only thing we are legislating for is the method of collecting and dispersing rights. International property rights will not be undermined in any way. In a sense, we are extending the existing system that is in place for cable and MMDS operators. This will not subvert or undermine the international property rights that are in place. It seeks to ensure that they are collected and delivered effectively on the DTT platform, just as they are in the case of cable and MMDS services.

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