Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)

This is a complex issue and it has many aspects, not all of which I understand fully. However, I have been acquainting myself with them over the past week or two. The issue is one in respect of which there is strong feeling. It has considerable economic implications in that rash moves in this area could do reputational damage to Ireland as a hub for IT and new technologies.

The Minister of State may inform me on the process. I learned only in the past year what a statutory instrument is. It is a ministerial order that does not require the normal legislative process, parliamentary scrutiny and debate. Those watching this debate need to know that also. Is there a reason, given the concerns that have been raised quite widely in Ireland, and which are causing uproar in countries such as Germany and the United States, we could not stop bringing this order into force and go through the longer process involving proper legislation, such that all sides would have an opportunity to make submissions and examine the issues fully?

It is very complicated. I have not made my decision but, as I understand it, it is not clear that we are in breach. The European Commission has not said we are in breach and a recent ruling in the European Court of Justice stated the use of blocking had to be limited, precisely because it infringed on freedom of expression and could target lawful communications unfairly. It would hit intermediaries, as others have said. It would send out a very good signal if the Government did not just push this instrument through by order and allowed for a fuller debate and submissions from all sides so we could be ahead of the curve on an issue that has not been resolved, even at European level. Let us lead the way and have a proper, informed debate and try to balance, in a fair way, all the various competing concerns of artists, musicians and holders of copyright with the importance of upholding Internet freedom and freedom of expression.

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