Gerry Adams (Louth, Sinn Fein)
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Question 304: To ask the Minister for Jobs, Enterprise and Innovation if the draft statutory instrument he published in June 2011 to tackle the issue of digital piracy has been signed into law or when he plans to sign it into law; and if he will provide details of the consultation process which was undertaken. [40975/11]

Patrick O'Donovan (Limerick, Fine Gael)
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Question 307: To ask the Minister for Jobs, Enterprise and Innovation his plans to sign a draft statutory instrument dealing with online digital piracy; and if he will make a statement on the matter. [41173/11]

Seán Sherlock (Cork East, Labour)
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I propose to take Questions Nos. 304 and 307 together.

The Statutory Instrument is being finalised with a view to introduction this month.

I would point out that Ireland has a strong and robust regime for dealing with copyright infringements whether in the digital environment or otherwise. The Copyright and Related Rights Act 2000 provides a technology-neutral exclusive right for copyright owners to communicate their works through any mode. The Act also contains extensive provisions dealing with infringement of that right or others, whether civil or criminal.

In relation to one of the remedies available to rights holders, a High Court judgment has held that, by reason of provisions of the Copyright and Related Rights Act 2000, an injunction is not available in cases of transient communications, and suggested that Ireland did not fully comply with EU law. For the avoidance of doubt, a legislative instrument is being finalised to restate the position that was considered to exist prior to this judgment.

In granting such injunctions the courts must take account of Court of Justice of the European Union judgements. These require that a fair balance be struck between the various fundamental rights protected by the Community legal order and the principle of proportionality. That would include, inter alia, the protection of the fundamental rights of individuals who are affected by such measures, the freedom to conduct a business enjoyed by operators such as Internet Service Providers, the protection of private data and right of freedom of expression and information."

A consultation process seeking comments from interested parties on the content of a proposed legislative amendment to the Copyright and Related Rights Act, by means of a Statutory Instrument, was conducted over last June and July.

More than 50 submissions were received. I am extremely grateful to those interested parties and groups who responded. Their submissions have proved very valuable in providing a comprehensive understanding of the differing views on the many issues involved. Broadly speaking, individual copyright holders and rights holders organisations supported the amendment in principle, with some arguing for stricter measures. The various elements of the communications industry who responded were mostly opposed. Other contributors were concerned with the protection of fundamental rights in the digital environment and some feared for the freedom of the net.

Legal opinion and closely argued legal positions which were submitted in the course of this process were referred to the Office of the Attorney General for consideration.