John Halligan (Waterford, Independent) | Oireachtas source

Amendment No. 7 calls for the deletion of the new section 27(4B), which was inserted in the Bill on Committee Stage. Essentially, the intention of this subsection is to provide for a full digital deposit system that would facilitate the recording, archiving and making available of websites with domain names related to Ireland, the.iedomain and others, without infringing the copyright on the website. This is often referred to as "capturing, or preserving, the web".

The matter was debated extensively during Committee Stage and officials from my Department subsequently met interested Senators to explain the difficulties associated with that, and other matters, in greater detail.

The Department of Culture, Heritage, and the Gaeltacht has policy responsibility for the creation of a digital deposit scheme. I informed the House of that on the previous occasion we discussed the matter. The Department is working on the issue as part of its general work programme. As I outlined on the previous occasion, some of the amendments could not be accepted because the creation of a digital deposit to capture and preserve Irish websites is not just a matter of amending copyright legislation. It is a significant project, which requires the collaboration of multiple institutions. Senators may have received a brief in that regard. Significant resources and skills are required to capture and preserve the digital web.

The Government's position on the issue remains unchanged. We have engaged extensively with shareholders and Members. The Government supports the creation of a digital deposit of works as part of the nation's archive, but providing for a full digital deposit system that would facilitate "capturing the web"” is not simply a matter of amending copyright legislation; it is a significant national project that must be done correctly. This includes laying down sufficiently clear parameters about what material will be copied and preserved, as well as safeguards around the use of that material in the future.

Section 106 provides an opportunity for the necessary work to be carried out on the development of the policies and procedures around capturing the web. That particular section, which was introduced following an opposition amendment on Report Stage in Dáil Éireann, is viewed by the Government as a pragmatic way to advance this project while allowing time for the important and necessary work to take place.

I, therefore, call for the deletion of the provision for several reasons. First, the policy responsibility for this matter falls under the remit of the Department of Culture, Heritage and the Gaeltacht and that Department is currently undertaking the necessary detailed and extensive examination of this proposal. Officials in my Department have supported, and will continue to support that Department with its development of the proposal specifically in relation to protecting the intellectual property of creators and website owners. Second, there are concerns with the text of the amendment, particularly in view of the level of work required to develop a robust regulatory framework to provide for "capturing the web" and the extensive nature of the provision included in the Bill going beyond the .iedomain. Third, section 106 keeps the matter "live" while giving the time necessary to developing the appropriate framework. Both Senators were informed of these concerns during meetings with my officials and I trust they will not oppose the deletion of the Committee Stage amendment of section 27(4B).

Related to this amendment seeking the deletion of section 27(4B), I also seek a minor technical amendment to section 106 through amendment No. 14. This was a new section proposed on Report Stage in Dáil Éireann and accepted by the Government as a pragmatic way to address the issue of "capturing the web". The section calls for a report to be published on the feasibility of establishing a digital legal deposit scheme for capturing the web "within twelve months of the enactment of this Bill", which is a reasonable period. However, the Office of the Parliamentary Counsel, as legal drafters of Irish legislation, has indicated that this should read "within twelve months of the enactment of this Act". That is its interpretation and what we have been advised.I call for the acceptance of a minor technical amendment to correct this oversight, which it was, and to ensure that the text is legally sound as we have been informed it is. That is important.