Cathy Bennett (Cavan-Monaghan, Sinn Fein)

I welcome that the Government is introducing legislation to address issues relating to the incorrect transposition of the EU copyright directive identified by the High Court and the CJEU.

Legislation is necessary. We understand that. A more equitable distribution of royalties is absolutely welcome, but the Bill the Government has brought before the House is poorly thought out, regressive and ill-conceived in terms of the mechanism available to artists to vindicate their right to resolve disputes. The Government is shoehorning into this legislation a change of venue from the Controller of the Intellectual Property Office to the Circuit Court. I cannot see the sense in this. It is at odds with the general policy direction of the Government regarding the courts, whereby alternative dispute resolution mechanisms are encouraged. In this instance, the Government will contribute to the logjam that exists within the courts and possibly negatively impact access to justice due to likely increases in the cost of progressing and resolving a dispute. I do not see why the Government would take such an approach. The Minister of State has not adequately explained or justified that approach, especially in light of the controller's office continuing to handle all intellectual property cases other than music and sound recordings and, most importantly, in light of the lack of engagement with those performers on whom the Bill will impact.

Sinn Féin will support this Bill proceeding to Committee Stage in recognition of the need for legislation in this area and in light of the approach taken in some of its provisions. However, in advance of Committee Stage, I encourage the Minister of State to reflect on the issues highlighted and engage with the representative bodies of those impacted and hear their concerns in full with a view to amending the legislation.

I would like the Minister of State to address the concerns I am raising. What discussion has he had with the Minister for Justice, Home Affairs and Migration in relation to this Bill? Will he outline in full the engagement and consultation he has undertaken with the representative bodies and those in the sector? What is the justification for disputes involving music and sound recordings being treated differently from any other type of intellectual property?

Sinn Féin wants to see stronger protection and fairer compensation for artists. In that context, I commend my party colleague and spokesperson on arts and culture Deputy Aengus Ó Snodaigh on bringing forward the Taxes Consolidation (Rights of Performers and Film Workers) (Amendment) Bill 2025, which would ensure equal treatment for Irish performers compared with their international counterparts and ban the use of buy-out contracts that deny performers ongoing revenue for their work. I also commend an Teachta Ó Snodaigh on his culture and arts policy, not only for being a comprehensive vision for the arts and culture but also for the manner in which he went about developing it. He had meaningful engagement with stakeholders and those it would impact.

If the Minister of State can address the questions I have put to him and learn from the approach taken by an Teachta Ó Snodaigh in terms of speaking to the people that legislation and policy will impact, then this Bill will be a net positive. It is up to the Minister of State now/ I urge him to rise to the occasion.

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