Written answers

Thursday, 17 May 2018

Department of Jobs, Enterprise and Innovation

Legislative Programme

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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140. To ask the Minister for Jobs, Enterprise and Innovation her plans to transpose the EU’s trade secret directive, EU Directive 2016/943, into law; the timescale for same; if Dáil Éireann will have an opportunity to debate the issue; and if she will make a statement on the matter. [21729/18]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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141. To ask the Minister for Jobs, Enterprise and Innovation if her Department has considered the experience of other member states in transposing into law the EU’s trade secret directive, EU Directive 2016/943; and if she will make a statement on the matter. [21731/18]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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142. To ask the Minister for Jobs, Enterprise and Innovation the number of submissions her Department has received in relation to the recent public consultation on the transposition of the trade secret directive, EU Directive 2016/943; if the submissions will be published; and if she will make a statement on the matter. [21732/18]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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143. To ask the Minister for Jobs, Enterprise and Innovation if her Department’s work on transposing the EU trade secret directive, EU Directive 2016/943, will involve amendments to existing legislation; and if she will make a statement on the matter. [21865/18]

Photo of John HalliganJohn Halligan (Waterford, Independent)
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I propose to take Questions Nos. 140 to 143, inclusive, together.

The Trade Secrets Directive is due to be transposed by all Member States by 9 June 2018 and the drafting of the Statutory Instrument to give effect to the Directive is at an advanced stage. My Department has been working in close consultation with the Office of the Parliamentary Council to ensure that the final result gives full effect to the Directive and this will involve amending existing primary legislation.

My Department issued a consultation document in June of 2017. Three submissions were received. There are no plans to publish those submissions at this time.

As regards other Member States experiences, the draft Directive was discussed at length by all Member States before being finalised. As common and civil law differs across various Member States it is not practicable to compare experiences in transposition, given that some Member States would have more amendments to make to their existing legislation. In line with all other Statutory Instruments, the European Union (Protection of Trade Secrets) Regulations 2018 will be laid, as required, under the European Communities Act, 1972.

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