Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I will begin by addressing the amendment concerning copyright and the intellectual property rights of performers and actors. Copyright law falls under the remit of the Department of Enterprise, Trade and Employment. I am, however, aware that the issue of copyright is important for Irish culture and arts and for the media sector. I am also aware that there have been issues regarding intellectual property rights and the remuneration of actors and performers. An instance of the latter was highlighted in the Committee on Budgetary Oversight's discussion of section 481 film relief. I stated on Committee Stage that the officials are seeking to engage with the stakeholders concerned, including Government stakeholders and representative bodies for actors and performers, in order to gain an understanding of the topic and the various perspectives of those concerned.

I want to refer to the amendments concerning employer rights in the Irish audiovisual sector, particularly in the context of the issue raised by Deputy Boyd Barrett on the use of DACs. The monitoring of compliance with employment rights legislation is primarily a matter for the Department of Enterprise, Trade and Employment through the Workplace Relations Commission. I know Deputy Boyd Barrett is aware, because we discussed this on Committee Stage, that the Workplace Relations Commission carried out an audit of the sector in recent years and did not make a recommendation with regard to DACs. However, as Deputies aware, I have taken note of the concerns they raised previously in respect of this matter and have made amendments to the section 481 criteria to improve the focus on quality employment and skills development.

Applicants for the relief must submit to compliance with all relevant employment legislation on the film being certified. These conditions are to be met not only by the producer company but also by the qualifying company or the DAC. This topic was also discussed recently by the Committee on Budgetary Oversight. Following this discussion, the officials have engaged with bodies representing producers and workers. It is the Department's understanding, following this engagement, that standard practice in the film and television industry globally is to operate on a project-to-project basis. However, again as advised on Committee Stage, the officials are available to meet those groups that have a different opinion on such matters.

Deputy Boyd Barrett asked me to act on the basis of allegations. I cannot give a commitment to do this. Allegations have to be investigated by the relevant State bodies, whether it is the Workplace Relations Commission or the Health and Safety Authority, in the context of the issues he referred to on Committee Stage and just now. I do not doubt the Deputy's bona fides or the legitimacy of some of the issues he has raised, but I cannot raise issues with the European Commission in the way he suggested on the basis of allegations. It is a matter that has to be investigated.

On pay and conditions in the sector, I understand that in recent years two collective bargaining agreements have been reached in the sector. These are a shooting crew agreement and a construction crew agreement. Officials have been formed by both crew and producer representative bodies that the rates of pay included in these agreements reflect the project-to-project nature of the work. I appreciate that there are contrasting opinions on employment practices in the sector ,but it is important that I consider the views of all stakeholders in order to avoid any potential unintended consequences.

I have already dealt with the matter of the DACs. They have a purpose in that they ensure that costs cannot be shifted between various productions and allow for ring-fenced vehicles to make sure that different projects are funded and in different ways. This reminds me of the point Deputy Boyd Barrett and I have debated for some time. As I understand it, this sector is structured on a project-to-project basis. It appears that this project-by-project employment is something Deputy Boyd Barrett wants to change. He wants to see this very basis of the sector shift. Issues on pay and employment contracts are best dealt with through collective agreements and industrial relations mechanisms. They are not dealt with in the Finance Bill.

We have already made important changes to section 481 in order to ensure that there is focus on issues which, I acknowledge, are important. We are tracking and listening to the hearings that are under way at the Committee on Budgetary Oversight. We note that representatives of Equity who came before the committee said that the way rights are secured in other jurisdictions is through collective bargaining and, I imagine, the use of industrial relations mechanisms. It is in this way that the issues Deputy Boyd Barrett is referring to can be tackled and progress on them can be made.

As I have said previously, we are willing and eager to meet all of the bodies involved in the sector. We have already met some of them. This type of engagement is unusual for the Department, but we are willing to do it because this sector is very important to the economy. I care about the future of the sector and I care about those working in it. I also care about those who invest in it. They have played a role in making it such an important manifestation of a creative economy that I want to see get bigger in the years to come.

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