Charlie McCreevy (Kildare North, Fianna Fail)

I second the amendment.

Mr. McCreevy: I do not accept this amendment. I note it suggests a similar amendment with a view to limiting the ability of a public body to refuse access to records, in a particular form or manner, where doing so would involve an infringement of copyright. This amendment raises an important legal issue as to whether or not a public body can effectively infringe copyright in certain circumstances. It is not clear that any substantial difficulties have arisen in relation to this area.

What we are discussing here is the form in which access to the records is given, not whether access to the record should be given. The Government is reluctant to put public bodies in the position of having to decide whether an actual breach of copyright involves a financial loss to or might represent an impairment of the right to a third party. Such issues are not easy for public bodies to decide and there is an obvious need for caution here, given the potential for litigation.