Donie Cassidy (Fianna Fail)

I welcome the Minister of State, Deputy Conor Lenihan. This industry is facing a serious challenge. Senator Cannon has covered much of what I was going to say in terms of outlining to the House the serious challenges facing the industry, the importance of the industry and the huge role it can play in recovery of our economy.

The High Court ruling on the UPC case was given three weeks ago. I am aware the advice of the Attorney General has been sought on the ruling. Three weeks is a long time when an industry's back is to the wall, with approximately 60% of its turnover achieved in the five to six weeks prior to Christmas, which is a crucial time in the calendar year for this industry.

This industry has been tremendous for the economy. It has been possibly the best ambassador worldwide for Ireland plc. In terms of the success worldwide of our artists, including Riverdance, Lord of the Dance, U2, Enya and others, we have punched way our above our weight despite having a population of only 4.5 million people. I know that the Minister of State, Deputy Lenihan, is supportive of this industry. He has a track record in an industry not unrelated to the music industry. I must declare at this stage that I have a vested interest in the industry, having been involved in it since 1963. It has been an incredible industry for anyone with talent, for innovators and for creators. One does not have to be a rich man's son or daughter to become a success in this industry, which is the beauty of it. The person with ability and creativity is rewarded. I have personal experience of this industry.

I am baffled that obtaining the advice of the Attorney General on a ruling can take three weeks. This is unacceptable and will not be tolerated. I propose that we adjourn this debate until such time as the Attorney General's advice has been received, thus allowing the Minister of State and his Department an opportunity to deal with the serious crisis facing this industry. For the innovator, creator or songwriter, for the person who records the artist or the material or for the person who invests heavily in having artists recorded and in the distribution of records and television advertising in this regard to be told by Government that they will not receive any money for downloads is the greatest insult of all. Ireland is proud of its achievements to date.

Every January since 1977 I have attended the world music publishers conference in Cannes. On one occasion an Irish Minister also attended. Enterprise Ireland and its predecessor have always looked after us and provided us with a stand at the conference where the world of entertainment and music come together. In four days, we planned and met representatives of all the other countries that attended, in particular the English speaking countries. The conference provides people with small budgets an opportunity to conduct business and discuss their intellectual property rights with the biggest people in the business, be they from Los Angeles, Tokyo and so on.

Intellectual property rights, along with energy saving initiatives are, as I said on the Order of Business, the future of our economy. This industry has the potential to make billions of euro for the economy every year. The industry, which has been a major contributor to the economy for the past 50 years, has asked for our assistance. It has been an incredible contributor in terms of what it has done in the world of film. The film industry has been a great ambassador for our country but to think that a film could be invested in and made here in Ireland and then not receive any royalties is a disgrace. That must be viewed by the Department officials, the Minister of State and the Government as an urgent case to be dealt with and not something to be left for three weeks while waiting to get an opinion.

The judge highlighted the deficiencies, and Senator Cannon covered that point as well. He said the deficiency in Irish law resulted in Ireland currently having no mechanism to disconnect Internet users who engage in illegal downloads and commented that this results in Ireland breaching its obligations under European Union legislation.

We were always proud of the massive contribution made by our senior officials in Departments who give assistance to our Ministers and Ministers of State and a backup facility. The senior officials in this Department must give our Minister of State a backup facility and get this decision from the Attorney General's office immediately, in the next 48 hours if possible, because as the judgment states, we are breaching our obligations under European Union legislation.

The multinational companies which took this case to the High Court must be backed totally because the difficulty for those Irish companies operating in the area is that, ultimately, they must justify the investment by those multinationals being based in Ireland. I am unashamedly making the case for them on what they have achieved over the years for the industry in general and for Irish artists who are not being protected in any way, as was stated earlier.

Article 8(3) of the copyright directive and Article 12(3) of the electronic commerce directive provide that injunctions should be available against Internet service providers, forcing them to terminate illegality on their networks regardless of whether they are responsible for it. Those two articles say it all as far as I am concerned.

I call on the Minister to make us here in Ireland compliant. We have a proud industry and are a proud people. We have had huge success and the least we can do is put the law in a European context with our partners in the United Kingdom, the French or any of our other colleagues in Europe. There are many other issues I could outline to the Minister of State and on which I could ask for his assistance because by coming to the House in person, he has shown that he wants to help the industry, and I thank him for that.

The solutions to the problem of Internet copyright piracy are available. It is not surprising the legislative response laid down in the Copyright and Related Rights Act 2000 came at a time when the problem was not perceived to be threatening to creativity and the retail economy as it has become in 2010. Technology is changing so quickly it is mind-boggling. What would be covered in law in the month of November possibly might not be covered in law in the month of December. This is a challenging Department for any official to have to work in and keep pace with the changes in technology. It is a new challenge but it is also a new opportunity to get revenue into the country where people can pay their taxes and have money to pay for this service. There is no point in our becoming the wild west of Europe and not being protected because we will not get any investment. No multinational or film company or indeed no one else will come here and spend their money.

I plead for an industry that seeks two simple amendments made to the legislation and I hope the Attorney General's office will give the officials and the Minister the support this issue deserves. I look forward to the Minister and the officials coming back to the House in the not too distant future when we can confirm that will be the case.