Martin Conway (Fine Gael)
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I have tabled this Commencement matter on behalf of the National Council for the Blind of Ireland. I welcome the Minister of State at the Department of Jobs, Enterprise and Innovation, Deputy Pat Breen. It is appropriate that he would take this matter as it falls within his area of responsibility. Commencement matters are regularly taken by Ministers who have no line responsibility as such.

The Marrakesh treaty was a culmination of years of work by the International Blind Union and various NGOs involved in sight loss and people with eyesight difficulties, the principle being access to print material. Unfortunately 90% of the books printed in the world are not available electronically. People who are blind or visually impaired or who have sight loss as a result of diabetes and various other conditions have limited access to books. I often give the analogy that if one were to go into Easons on O'Connell Street and find 90% of the shelves empty, one would get out the back door as quick as lightning because of lack of choice.This is the situation faced by people who are blind and visually impaired in terms of access to printed material. As a result of technology upgrades, such as the iPad and improvements in digital facilities and so on, the provision of print material in electronic format is simple. The problem that arises is one of copyright and publishers.

Following years of negotiations between the various stakeholders, the UN Marrakesh treaty was agreed. I raised this issue in the House prior to its agreement and the Minister of State's predecessor, Deputy Sherlock, took a hands-on approach to ensuring Ireland played its role in the negotiations that took place on the treaty. The Marrakesh treaty has now been ratified by 20 countries, which effectively means that it will come into force. When is it proposed that Ireland will ratify this treaty? Does the Minister of State, Deputy Pat Breen, have a timeline in mind? Are his departmental officials working on ratification of the treaty and, if so, when can we expect Ireland to sign up to the treaty?

The Marrakesh treaty eliminates the copyright issues around the provision of print material in electronic format. Most countries have a lead agency which deals with this process to ensure the integrity of the process is protected and, obviously, that the interests of publishers are protected. If the copyright issues are dealt with, as is the case in respect of the Marrakesh treaty, and if Ireland were to ratify it, I would contend that instead of 90% of books not being available, 90% of books would be available. This would be revolutionary for the 270,000 people in this country who are blind or visually impaired.

Pat Breen (Clare, Fine Gael)
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As the Cathaoirleach was not in the House on the last occasion I was here, I take this opportunity to congratulate him on his appointment. I thank Senator Conway for raising this important issue. I know the Senator well and I am aware of his special interest in issues affecting people with disabilities.

The Marrakesh treaty was adopted on 28 June 2013 at Marrakesh and was signed by over 50 countries. It is an international agreement under the auspices of the World Intellectual Property Organisation based in Geneva. The treaty facilitates access to published works for persons who are blind, visually impaired or otherwise print disabled. The object of the treaty is to improve access to books and other publications in braille, large print text and audio format. The treaty also provides for the exchange of works across borders by organisations that serve people who are blind, visually impaired and print disabled.

Canada recently became the 20th state to accede to the treaty, which means the treaty will now come into force on 30 September 2016 for those countries that ratified it. When the treaty comes into effect it will oblige contracting states to introduce limitations and exceptions in copyright law to ensure access to books and other publications in accessible format. It will also oblige contracting states to allow the import and export of accessible versions of books and other copyrighted works without the need for permission from the copyright holder. This sharing of works in accessible format should increase the overall number of works available to persons in need.

Ireland played an integral role in the negotiation of the Marrakesh treaty and contributed to the conclusion of the treaty during the Irish Presidency in 2013 of the European Union. Subsequently, the Government approved the signature of the treaty by Ireland and the permanent representative of Ireland to the United Nations in Geneva, Patricia O'Brien, signed the treaty on behalf of Ireland on 20 June 2014.This indicates Ireland's commitment to the objective of the Marrakesh treaty. Ratification of the treaty will require contracting parties to adopt national law provisions which will permit the reproduction, distribution and making available of published works in accessible formats through limitations and exceptions to copyright. Ireland and other EU member states operate exceptions in their national copyright laws allowing for the adoption of books into formats easier to use for visually impaired persons. This does not operate in a harmonised manner, however, and the current framework does not facilitate cross-border sharing of accessible format copies, which is a cornerstone of the treaty.

The European Union signed the treaty in April 2014 on the basis of a proposal by the Commission and a mandate from the Council of the European Union. In discussions following the act of signature, the Council could not reach agreement ratification within the EU. As a result, the European Commission has formally asked the Court of Justice of the European Union for its opinion on whether the European Commission has exclusive competence to conclude the Marrakesh treaty on behalf of the European Union. This matter remains under consideration by that court.

The EU remains committed to ratification of the Marrakesh treaty, and this commitment is reflected in the Commission communication on copyright published in December 2015. In its communication, the Commission outlined its intention to bring forward legislative proposals to ratify and implement the Marrakesh treaty. These proposals are expected in September 2016. Ireland remains fully supportive of the aims of the treaty and is ready and willing to work proactively in Council towards ratification of the treaty as soon as possible.

Martin Conway (Fine Gael)
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I thank the Minister of State for a comprehensive update on this matter. The strategy of it being an all-European treaty to be ratified by all countries at the same time is good. Ireland has a small publication of print material while Europe has significantly more. This is a positive update. I know these matters are slow but it is moving in the right direction, which is important.

Pat Breen (Clare, Fine Gael)
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I thank Senator Conway for his positive response. An independent copyright review committee was established by the then Minister for Jobs, Enterprise and Innovation in May 2011 to examine copyright framework from the perspective of removing any obstacles to innovation. The committee's report, Modernising Copyright, was published in October 2013. The report contained in excess of 60 recommendations covering a diverse range of issues, including that of the access to justice before the Courts, particularly for low-value claims relating to intellectual property infringements.

Since publication, the Department has conducted extensive analysis of the recommendations, including examination from a policy perspective with relevant Departments and assessment of the complex legal issues involved in certain proposals. The Minister for Jobs, Enterprise and Innovation, Deputy Mitchell O'Connor, expects to be in a position in the coming weeks to bring to Government the Department's response to the committee’s recommendations and to seek approval for legislative proposals on several of its recommendations, including the area of interest to the Senator. I am sure Senator Conway is aware of the copyright review committee, chaired by Dr. Eoin O'Dell. I thank him for raising this issue and will keep him informed of any developments in this area and of the report in September.