asked the Minister for Industry and Commerce whether any prosecutions have been brought against Irish book publishers in respect of their failure to comply with the law which obliges them to surrender, free of charge, to five British libraries copies of books published in Ireland; and, if so, whether such prosecutions were taken at the expense of the Irish taxpayer and the cost thereof.
Ceisteanna—Questions. Oral Answers. - Irish Book Publishers' Obligation.
12.
Mr. Ryan
I cannot say what prosecutions may have been taken under Section 178 of the Industrial and Commercial Property (Protection) Act, 1927, since its enactment, but I am aware of a prosecution against an Irish firm of publishers in 1958 for the offence referred to by the Deputy.
The prosecution was at the suit of the Attorney General and accordingly at the expense of the State. I have been informed that the only special expense occurring was fees paid to counsel which amounted to 25 guineas.
Mr. Ryan
Could the Minister say whether or not he can recoup the cost of this prosecution, which was for the benefit of British libraries, from the British Government or from the British libraries themselves?
There is no such provision in the Act referred to in the reply.
13.
Mr. Ryan
asked the Minister for Industry and Commerce if in the light of the constitutional prohibition against the acquisition of private property without compensation, he will introduce legislation to relieve Irish book publishers of the obligation to surrender without compensation copies of all books published by them to the British Museum and certain Irish and British universities.
14.
Mr. Ryan
asked the Minister for Industry and Commerce if in view of the unfairness of compelling Irish book publishers to surrender without any compensation for export to British libraries five copies of each book published in Ireland, he will take steps to introduce legislation to amend the Industrial and Commercial Property (Protection) Act, 1927 to relieve Irish publishers of that anomalous obligation in future.
I propose, with the permission of the Ceann Comhairle, to answer Questions 13 and 14 together.
I have already announced that legislation to replace the copyright provisions in the Industrial and Commercial Property (Protection) Acts 1927 to 1958 is being considered. I cannot now anticipate the proposals which I hope to introduce at a reasonably early date.
I do not accept the implication in the questions that the present provisions in the law requiring the deposit in certain libraries of copies of books first published in Ireland are unfair or unconstitutional.
Mr. Ryan
Will the Minister bear in mind when dealing with the legislation the fact that, as I think is known to him, at least one Irish publisher, in order to avoid having his private property confiscated under this Act, has made arrangements to publish books, in the first instance, outside the country and that, as a result, Irish industry and Irish labour is losing a valuable printing industry and our exports are also being affected because these books are imported in here from abroad and exported from a foreign printing house to the rest of the world so that we lose the business.
As the legal obligation involves no more than five books to be sent abroad, I do not see any economic justification for the publisher in question having his books printed outside the country.
Mr. Ryan
Is the Minister not aware that some of the books published are extremely valuable books, the cost of which, for an individual book, runs into a number of pounds and that for a small industry specialising in very good books, it can involve a considerable burden in any year to have to contribute, for the benefit, not of Irish people, but of foreign people, a certain portion of one's own property?
I do not know the value of the books the publisher concerned is connected with, but the books in respect of which prosecutions were brought were valued for only shillings.
Books generally cost more than that.