Willie O'Dea (Limerick City, Fianna Fail)

The Minister of State assured us that the statutory instrument only clarifies the existing law and does not represent a change of policy. I accept his assurance but we have to bear in mind that the existing law, the Copyright and Related Rights Act 2000, was passed 12 years ago. The Internet has changed enormously in the intervening period. As far as I am aware, the only application for an injunction under the 2000 Act was the EMI case. We are now making it clear that people can apply for an injunction against an Internet service provider.

I agree with those who argue that the provisions of the statutory instrument are too vague. We should not rely on the European Court of Justice, which may change its mind in years to come, or the Irish courts' interpretation of European judgments and the e-commerce directive. As the Parliament of this country, we should be setting out clear guiding principles for the courts through primary legislation along the lines proposed by the Technical Group.

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