Alex White (Labour)

I congratulate the Leas-Chathaoirleach on his appointment. I wish to share my time with Senator Brendan Ryan. I welcome the Minister of State to the House.

Senator Quinn is right to say that the philosophy underlying copyright is to further the public interest. We should pause to see it in that context rather than as a direct payment for a product. This would be an interesting debate for another occasion.

The decision of the European Court of Justice leaves the Government with little or no choice but to introduce this legislation and amend the 2000 Act which, in purporting to provide for lending, did not do as the directive required it to do. A speaker on the Government side praised the Department's clever move in the 2000 Act but there is a major gap in that Act which this legislation aims to close. While Senator Quinn raises interesting issues about copyright, the international framework of our society and economy makes it essential to tidy up the provisions in the 2000 Act.

I was interested in the Leader's comment that copyright is sacrosanct. I first came across the Leader some 20 years ago when I worked in RTE. He was always on the phone to me and others there seeking to pressurise us into playing Irish music. The Leader may not recall this but it is noteworthy that his interest in this subject extends back some decades.

The amendment makes clear that the Exchequer will bear the cost arising from this legislation. There ought not be any question of the local authority library system, or the borrowers, facing any cost. Local authorities are under sufficient financial pressure without this being laid at their doors. To attach any such charge to the system would run contrary to its principle.

I am aware that the Oireachtas cannot fetter any future Government but we should make clear that no charge would ever be imposed on the borrower or the local authority. I would oppose such a move. The integrity of the public library system must be maintained. I was a member of a local authority for the past three years. One of the greatest achievements of our society and of local authorities is to have a publicly accessible, properly funded library system. This is at the heart of any democracy or civilisation. Nothing should be done that would financially compromise or imperil that system.

The principal Act, which I have read quickly, seems to suggest that books are not the only works lent. What are the commercial implications of the lending of DVDs and film as opposed to those works which the Irish Writers Union rightly protects? I understand Senator Quinn's point but there is no such thing as a deserving or undeserving writer. All writers have to sell their books.

This amending legislation does not exempt educational institutions from the proposal. If I understand the Minister of State correctly, he intends to propose an amendment on Committee Stage to remove educational institutions from the legislation. I have not read the judgment of the European Court of Justice but can the Minister of State make this amendment? If the judgment states that we must provide for authors to receive money for the lending of their books by public libraries, is there anything to suggest that if their books are placed in the UCD or Trinity libraries, they will not receive the same fee?