Michael Ahern (Cork East, Fianna Fail)

The amendment proposes the inclusion of a new subsection 1(4) which would mean the Act would not commence on enactment but when the Minister for the Environment, Heritage and Local Government introduces regulations bringing into operation a public lending remuneration scheme. Senators raised this issue on Committee Stage but as I indicated then it is imperative that the legislation come into effect as soon as the Oireachtas passes it. As evidenced by the decision of the European Court of Justice against Ireland last January, we are in default of our obligations under the EU directive on rental and lending and it is incumbent on us to come into compliance with the decision as soon as possible.

The Commission is pursuing Ireland under Article 228 of the treaty. These proceedings are advancing and can lead to the imposition of heavy monetary fines against the State unless remedial action is taken quickly. Our immediate obligation is to provide an exclusive lending right for authors and this right will be replaced by a right to remuneration on introduction of a public lending remuneration scheme but it is not possible to await that development given our immediate obligations under the directive.

On Committee Stage it was indicated that the Minister for the Environment, Heritage and Local Government was working towards making regulations, possibly as soon as the end of this year with a view to having the scheme operational from 2009, with the possibility of making payments in respect of part of 2008. This undertaking should go a long way to providing a clear signal of the Government's intentions in this regard.

Senators were concerned about the exposure for public libraries in the period between enactment of the legislation and the introduction of the scheme because authors might exercise their exclusive right and prevent their books being lent in the public libraries. I have met representatives from the Irish writers' representative organisation and it is my understanding that they are satisfied their public lending rights are being recognised, albeit late. With the public lending remuneration scheme well within view it is unlikely that authors will decide to exercise the exclusive right that will obtain in the interregnum.

Public libraries spend significant sums of money in book stock each year which yields a reward for authors. This is particularly important for less well-known authors for whom the public libraries are a major customer. For example, public libraries will spend more than €15 million in purchasing books in 2007, an increase of 10% over 2006. Continuing investment by public libraries in book stock will result in a total expenditure of €75 million in the period 2002-07.

The compelling rationale for this legislation remains and it must be enacted as soon as logistically possible. For this reason I cannot accept the amendment.