Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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2. To ask the Minister for Culture, Heritage and the Gaeltacht if she is aware of the recent hearings at the budget scrutiny committee about section 481 film credit and the concerns raised by Equity about the failure of producer companies to vindicate the rights of actors, performers, directors and writers in respect of intellectual property and EU directives; the concerns raised by representatives of film crew about the failure of producer companies to vindicate their rights in terms of employment legislation, in particular the Protection of Employees (Fixed-Term Work) Act 2003, and whether she intends to take action; and if she will make a statement on the matter. [3876/23]

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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The Minister may be aware that the Committee on Budgetary Oversight, which I am a member of, has been examining section 481 relief, which goes to film producer companies to make films. In return, those companies are supposed to give quality employment and training and comply with all relevant legislation. The Minister may have heard Equity saying that people are being forced to waive their rights to intellectual property, royalties, the equitable remuneration they are entitled to and so on. Film crew have said that their rights under a series of employment legislation are not being vindicated. How will the Minister respond to these concerns?

Catherine Martin (Dublin Rathdown, Green Party)
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I thank the Deputy for raising the film industry in the week that is in it. This is an opportunity to congratulate Irish people on their Oscar nominations. The annual global spotlight on the Oscars is now shining on Ireland's culture, our beautiful scenery and, most particularly, our creative talent. The House will join me in congratulating the casts and crews of "An Cailín Ciúin" and "The Banshees of Inisherin", including Colm Bairéad and the team, Kerry Condon, Colin Farrell, Brendan Gleeson, Barry Keoghan and Martin McDonagh. I also congratulate other Irish nominees - Paul Mescal, Richard Baneham and Jonathan Redmond - on their nominations. It is a pleasure to be able to name so many Irish people who are making their mark on a global stage. Success breeds success and Ireland is a more attractive location for film-making as a result.

I understand that the Deputy is referring to matters raised at the Committee on Budgetary Oversight's examination of section 481. I am aware that the committee has taken evidence from many witnesses and organisations as well as from officials from my Department. As I understand it, many different views were expressed to the committee, with most witnesses underlining the importance of section 481 to the audiovisual industry and to Ireland.

I respect and am passionate about the rights of workers, but as I have stated previously, this matter does not fall to my Department. Employment law is the responsibility of my colleague, the Minister for Enterprise, Trade and Employment, as are the mechanisms for dealing with disputes - the Workplace Relations Commission, WRC, and the Labour Court. These are the appropriate avenues for complaints relating to employment law. I ask that, if the Deputy is aware of wrongdoing, he please bring that information to the WRC.

I understand that the intellectual property issue raised by Equity focuses on the question of whether residuals are paid. This is a matter for consideration by the members of Equity in conjunction with SIPTU. If they so decide, they can enter into negotiation with the organisations and companies that engage them.

I wish to bring to the attention of the House that our Oscar-nominated films were made during Covid. They should be applauded for this. Every one of the cast and crew of the films worked under difficult restrictive protocols at all times during production. I am so proud of our film industry today.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Obviously, we all share in the celebration of the success of "The Banshees of Inisherin" and "An Cailín Ciúin", but that success, which results from performances, writing and directing as well as the crews who stood behind the cameras, underlines the need to guarantee, vindicate and champion the rights of performers, writers, directors and the crew who make those films and not to pass the buck, which the Minister has essentially just done. Those films and all other films in this country are funded with public money and are subject to the requirement that we get quality employment and training and that the intellectual property rights of writers, performers and so on are guaranteed.

Equity has made it clear that its members are being forced to waive their intellectual property rights, which is in breach of the copyright directive and our legislation. Film crews have pointed out that, for example, their rights under the Protection of Employees (Fixed-Term Work) Act are being ignored and abused by film producer companies that are in receipt of large amounts of public money.

Catherine Connolly (Galway West, Independent)
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Go raibh agat. You will have a chance to come back in again.

Catherine Martin (Dublin Rathdown, Green Party)
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I am just stating a fact that employment law is the responsibility of my colleague, the Minister for Enterprise, Trade and Employment, as are the mechanisms for dealing with disputes.

Regarding the protection of workers, significant changes were made in 2019 to section 481 and how it operated. There is an increased emphasis on upskilling and life-long learning as well as much greater scrutiny. I hope that these changes will ensure that any alleged malpractice prior to 2019 is not repeated in today's audiovisual industry.

In addition to those changes, the "Safe to Create" programme that I launched in October provides for a dignity at work framework whereby all workers should have the right to expect a workplace that is free from bullying, harassment, humiliation, intimidation, victimisation and any other negative behaviour. Screen Producers Ireland, SPI, would strongly refute any claim of blacklisting in the Irish film industry. SPI can demonstrate its commitment to its relationship with the unions and is doing additional work in the areas of skills development and training. We are doing whatever we can to protect workers' rights.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I spoke with Equity this morning. Time and again, it has made it clear that its members are being forced to waive their rights to intellectual property and to sign contracts saying they are getting equitable remuneration when they are not. When I asked the president of Equity directly what would happen if someone did not sign the contract, the answer was that the performer would not get the job.

Regarding the declaration requirement that a producer company indicates to the Minister any legal or Labour Court issue that arises, has Metropolitan Films, for example, informed her that a finding was made against it in the Labour Court over a breach of a collective agreement with film crew? Have some of the other film producer companies indicated that there are cases going to the High Court arising from cases in the Labour Court where companies in receipt of section 481 relief did not even bother to turn up and where they were named as having been in breach of legislation? Is the Minister aware of this kind of stuff?

Catherine Martin (Dublin Rathdown, Green Party)
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I only have a minute to respond, but I am happy to engage with the Deputy afterwards if he wishes to bring further issues to my attention.

In the application process for the certification under section 481, a producer company and a qualifying company, as defined by the Taxes Consolidation Act 1997, are required to sign an undertaking in respect of quality employment and must, as a condition of certification, provide details of any Workplace Relations Commission decisions in relation to a qualifying company, the producer company or other companies in the film group, and, where those decisions are finding against such a company, confirmation that the finding has been followed or an explanation where the finding has not been followed.

In relation to the copyright, I repeat that the buyout of contracts relating to intellectual property rights as well as copyright issues in general falls under the remit of my colleague, the Minister for Enterprise, Trade and Employment. I am aware some witnesses in that committee expressed a view that there should be an agreement between employers and workers in Ireland on whether and when residual payment could or should be paid, but any general agreement on the payment arranged for actors and whether it includes residuals is first and foremost a matter for the trade unions and their members and thereafter dependent on its members' preference as a matter for engagement with employer representatives.

I am happy to engage with the Deputy afterwards.