Seán Sherlock (Cork East, Labour)

In regard to the alternative statutory instrument proposed by T.J. McIntyre, I have debated the issue with him in public media and I am not averse to engaging with the digital rights community with a view to hammering out a strategy. However, we have to implement the statutory implement and we are doing so on foot of advice from two Attorneys General. I have to take account of the sound advice given by an Attorney General. This legislative measure is being introduced on foot of the legal advice my Department has obtained. The Office of the Attorney General was asked by my Department and the Department of Communications, Energy and Natural Resources for advice on the implications of the High Court judgment and it has advised that the obligation set out in the directive is clear and unambiguous. Rights holders must be given a mechanism to apply for an injunction against intermediaries where their intellectual property rights are being breached. The Attorney General's office advised separately that the prudent course was to introduce a regulation to ensure compliance. That is merely what we are doing.

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