Catherine Murphy (Kildare North, Independent)

I thank the Ceann Comhairle for selecting this important topical matter for debate. I have serious concerns about the wording of the statutory instrument published by the Minister of State, Deputy Sherlock, this afternoon. The statutory instrument which contains some vague language could have serious consequences for established online freedoms in Ireland. It appears to give the courts open-ended powers to grant orders against Internet service providers, even though no legislative instructions have been introduced to set the boundaries. Like the vast majority of people who have contacted me, I recognise that artists have an absolute right to profit from their work. That aspect of the matter can be parked immediately. However, it is just part of the issue. Under the current wording, a court may seek to block any website with which a user has linked to access infringing material. It leaves it entirely to the courts to decide the grounds on which an injunction may be granted.

The Government is abdicating its responsibility by not introducing primary legislation. I do not doubt the Minister of State's personal intent. However, it is not a question of what he intends to do, rather it is a question of what he is enabling the courts to do. The vagueness I have mentioned could result, by stealth, in this country having laws that resemble the toxic SOPA approach that has been resisted in the United States. This must be enacted through primary legislation. We must give the courts something to interpret. Our job is to do the groundwork by introducing legislation. It is important for us to safeguard this country's international reputation in the technology sector.

Will the Minister of State confirm that under the proposed wording, it will not be possible to take out an injunction against a company such as Google, eBay, Facebook or Twitter? Google alone employs 4,000 people in Ireland. This controversy has been discussed on one of the most referenced websites in the world, www.wired.co.uk, which is read by those working for technology companies. We are constantly told to be conscious of the country's reputation in the money markets. I know the Minister of State appreciates that this is a important area for us. However, I am concerned about the vagueness of the language and the powers being transferred to the courts.

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