Alan Kelly (Tipperary, Labour)
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84. To ask the Minister for Enterprise, Trade and Employment the reason for the failure to implement the EU Copyright Directive; the reason given to the European Commission for not implementing same; if the assurances given by Ireland in relation to the matter have been followed through; and when the Directive will be transposed into Irish law. [52131/21]

Damien English (Meath West, Fine Gael)
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I wish to assure the Deputy at the outset that the Government is fully committed to ensuring the transposition of the Copyright Directive. The Directive will be transposed by way of the European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021.

Drafting is now at an advanced stage and intensive work is ongoing in order to ensure that the drafting is completed as soon as possible. It has to be said however that the Covid-19 pandemic has meant that legislative priority has had to be directed towards the necessary interventions and supports for businesses and citizens. The drafting process has also had to have consideration of the Commission’s Communication Document on Guidance on Article 17, which was circulated three days before the transposition deadline in June.

Following the publication of the Directive, the Department conducted a series of public consultations seeking the views of all stakeholders on the various provisions in the Directive to help to inform how the provisions should be applied in the context of Irish copyright legislation. When assessing the optional provisions of the Directive, the large number of submissions received were carefully considered, with cognisance taken of the diversity of the views expressed. In its approach, the Department was guided by the overarching objective of providing a copyright legislative framework fit for the digital age and which represents a balanced consideration of the interests of all stakeholders.

The analysis also included detailed consideration on how best to transpose the Directive into the existing national copyright law framework.

In concluding its analysis of the Directive, and considering the breadth of views expressed by stakeholders, the Department decided to transpose the mandatory provisions by way of Regulations contained in secondary legislation i.e., by Statutory Instrument. This is required only for provisions that do not already reside in existing copyright legislation.

In order to keep stakeholders informed of progress in relation to the transposition of the Directive, the Department, in May 2021, published an information note which set out the actions taken to date and the decision to proceed with the transposition of the mandatory provisions by way of secondary legislation.