Joe O'Toole (Independent)

We can discuss that first and then decide about the other amendment. I do not understand what is happening in the case of amendment No. 291. While I could be completely wrong and will listen carefully to the Minister's response, and I will hold my amendment until we know the position, it seems this goes somewhat against the spirit of the EU. I will put a simple question. In terms of our copyright laws and in terms of the EU's definition of cable, satellite and digital, and the separation between them, is this in line with the EU position? Has the EU been in contact with the Department about it? I was getting messages that the EU was less than happy with what we were doing in this regard.

In section 180(1)(b), the Minister is effectively defining digital terrestrial retransmission as cable transmission. However, the EU directive seems to differentiate these and sets out that they are separate. That is my understanding of the position and, while I do not purport to be an expert in this area, I am seriously worried. This would seem to have effects on the income of film producers and the various rights that attach to copyright in this State.

It would seem that this allows UK broadcasters to broadcast in Irish territory without requiring Irish rights in certain situations because they will have a transmission right and will not need the primary rights, which will cause unnecessary hardship. I do not know where this is going. For example, as matters stand, if a UK broadcaster wants to show an Irish-produced programme in Ireland, it would need to acquire a right from the Irish producer. Under this Bill, if we change the definition of "cable", this will not be the case.

What I say about the UK would apply to any EU state but we would generally mean English-language broadcasting coming from the UK. I know the Minister has the same concerns as the rest of us, judging by what he said. He was quite rightly protective of the Irish independent production sector and, if I recall, increased support for it on Committee Stage. There is an ongoing battle with UK broadcasters in trying to make a distinction between Irish rights and UK rights but this is like giving over the pitch to the UK. What we are doing here will blur the distinction even further.

All sorts of issues arise. Does the constitutional issue of the right to private property arise? If somebody has copyright to something and we are now effectively giving them away, is there an issue involved? This seems to be going against the line the Minister would have articulated very strongly on Second Stage and Committee Stage with regard to the importance of the independent sector. We are trying here to redefine "cable" as "retransmission" when the EU directive on cable clearly sets out that they are two separate issues.

That is the issue and it is to deal with it that I drew up my amendment. Perhaps I am misinterpreting the position but, having spoken to a few people, this is what has come back to me. I await the Minister's response.