Seanad debates

Wednesday, 25 January 2012

11:00 am

Photo of Caít KeaneCaít Keane (Fine Gael)

I would like to say that we think of ourself as an innovating island, particularly when we look at the IT companies we have attracted to the shores. We have Facebook and Google, to name two of the big companies, as well as a number of smaller companies. We are about to introduce a statutory instrument to change a law that will affect all these companies. A previous speaker referred to statutory instruments in general but this particular measure will shape the web. Wikipedia closed down completely last week as an objection to this approach. Adrian Weckler is an IT correspondent with the Sunday Business Post and has his own blog. The justification presented for the statutory instrument is that it is necessary for copyright reasons. Everybody knows it has to be done but if one is going to introduce a measure which will have a drastic effect on the web in this country, one should do so by legislation and guidelines rather than in a statutory instrument that gives power to judges to decide if something is legal. Adrian Weckler has written that the IDA "may have to alter its pitch to large US social media firms who may have been thinking of setting up in Ireland". We should not brush this aside and leave it to the judges in the courts. I urge the Minister of State at the Department of Jobs, Enterprise and Innovation, Deputy Sean Sherlock, to come to the House so that we can have an opportunity to debate his proposals to see whether we can implement them by means of legislation, as is done in most countries.

T.J. MacIntyre, a lecturer in law, wrote on his blog that the web should not be shaped to the will of commercial companies. I plead with the Minister of State to deal with this matter by means of legislation rather than statutory instrument.

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