Seán Sherlock (Cork East, Labour)

I do not have one. When Mr. Justice Charleton issued his judgment, we considered it was best to remove any doubt by restating our position, as set out in the 2000 Act. That is what is before us today - an amendment to the Act to ensure we are in line with the judgment. Every member state has the right to seek an injunction in the event of a perceived breach of copyright. Before a judge makes a decision he or she will need to have regard to the e-commerce directive which states there are inherent rights in the EU Charter of Fundamental Rights to freedom of expression and that the copyright directive provides that an Internet service-provider has the right to conduct a business and to have regard to the right of ordinary users to be able to use the Internet freely and openly. We would not seek to prejudice this right in any way. I am the Minister of State with responsibility for research and innovation. The State funds new technologies, the development of web-based technologies to the tune of millions of euro annually and we very conscious of the need to continue to do so.

I take Deputy Murphy's point about the abdication of responsibility. However, I respectfully suggest to the Deputy that we need to see a dialogue, an engagement, between the Internet service-providers on one hand, the copyright holders on the other side and a space in between for a very highly active Internet web-based community. They all need to sit down together to chart a way forward. Personally, I am not averse to the notion of primary legislation but no matter what action is decided upon, we must have regard to the Charlton judgment. If, prior to this judgment, the State already held that a person could seek infringement proceedings where a breach of copyright is perceived and there have been no sites closed down as a result, we are merely restating what is in the Copyright Act or adding to it, then it is logical to assume there will not be a move to close down further websites.

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