Written answers

Tuesday, 9 May 2023

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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92. To ask the Minister for Finance if he is aware of the recent examination of the section 481 film tax credit by the Oireachtas Committee on Budgetary Oversight, and in particular the concerns raised by an organisation (details supplied) about the use of buy-out contracts by producer companies on the intellectual property rights of performers and the issues raised by film crew representatives about the failure of producer companies to vindicate employment rights; and if he will address these concerns through changes to the film credit. [21572/23]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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I am aware of the Oireachtas Committee on Budgetary Oversight’s recent examination of the section 481 film tax credit, and I understand that the report was published today.

In relation to the intellectual property rights of performers, I would note that copyright law falls within the remit of the Department of the Enterprise, Trade and Employment (DETE). Notwithstanding this, my officials have engaged with the stakeholders concerned, including representative bodies for actors and performers, to gain an understanding of the issue.

Copyright is relevant for many workers in the film sector, including authors, producers and broadcasters in addition to actors, and I have been informed that Screen Ireland has engaged an independent facilitator to meet with key stakeholders to understand the various perspectives of those concerned. Individual stakeholder meetings have been held over the past eight weeks and the next phase will progress to group discussions, and I look forward to the outputs from this process.

In relation to employment rights, the Deputy will be aware that changes were made to the film tax credit to reinforce the requirement to adhere to employment rights legislation. As part of the cultural certification process, an applicant company is required to submit an undertaking of compliance with all relevant employment legislation. This commits applicants to compliance with all relevant employment legislation in relation to the film being certified. These conditions are to be met not just by the producer company but also by the designated activity company for each production.

In relation to any specific workplace disputes, the Workplace Relations Commission (WRC) and the Labour Court are the organs of the State tasked with the resolution of such matters. It is appropriate that any relevant claims should be referred to these bodies for adjudication. I am also aware that significant progress has been made through the introduction of new collective bargaining agreements in the sector, and my officials will continue to monitor progress in this space.

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