Seán Sherlock (Cork East, Labour)

I thank the Members opposite and I appreciate the Acting Chairman's discretion.

My Department launched an independent review committee on 9 May 2011, with a view to examining and reviewing the existing Irish copyright and legislative framework. The Copyright Review Committee is an independent body. Its terms of reference are clear and, in general, are concerned with identifying any areas that might be deemed to create barriers to innovation, and to make recommendations to resolve any problems identified.

Following the advice of both the former and current Attorneys General, it is considered necessary that Ireland's position in ensuring that rightsholders can apply for injunctions against intermediaries whose services are being used to infringe their copyright, must be restated. Otherwise, the State is at risk of actions against it, which would probably result in substantial damages. Nothing the review committee could suggest can change this fact. It is difficult to see what conditions could be attached to the statutory instrument that are not already provided for by EU law, for example, data protection, freedom of expression, information, and freedom to conduct a business. The copyright review committee is expected to publish its first consultation paper shortly following consideration of the submissions received. One of the items for further consideration could be a voluntary forum for all stakeholders, in which various copyright matters could be discussed.

An intermediary is an ISP that provides mere conduit, caching or hosting services on the Internet. As such, an entity such as www.boards.ie, because it avails of the hosting exemption, could be considered an intermediary. However, no injunction may be taken against it provided it abides by the notice and take down procedures as set out in the Copyright and Related Rights Act 2000, to which section 40(4) refers.

In conclusion, in proposing to amend the copyright legislation, I am particularly conscious of the importance of online content and digital businesses in the Irish context and, by introducing the proposed statutory instrument, I am simply seeking to ensure Ireland's continued compliance with its obligations under the relevant EU directives following the decision of the High Court in the aforementioned UPC case. It is clear from the rulings of the European court that any remedy applied will have to be proportionate and we can be confident that this approach protects rightsholders by allowing them the access to the courts that we must provide while protecting the fundamental rights of third parties and fellow citizens.

Changes are expected at EU level in several areas affecting e-commerce. For instance, the main objective of the informal competitiveness Council in Copenhagen on 2 and 3 of February 2012 is to reach a common understanding of the most important, concrete actions needed at EU level and in member states to create a well-functioning digital Single Market. It is understood that discussions will be held on the necessity for providing clarification at EU level on the liability of Internet service providers and to provide certainty for those providers when made aware of illegal content on their websites. Among other proposals, a European framework for notice and action procedures will be considered.

Going back to 22 December 2002, the date by which every EU member state had to have implemented Directive 2001/29/EC, every EU country has had to "ensure that rightholders are in a position to apply for an injunction against intermediaries whose services are used by third parties to infringe a copyright or related right". Having that provision enshrined in EU law and the laws of member states for a decade has not restricted the development of the Internet or innovative Internet companies. On the contrary, the Internet has flourished. I thank the Acting Chairman for her indulgence in granting me a few extra minutes.

See this speech in context