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SELECT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS debate -
Tuesday, 8 Feb 2000

Vol. 3 No. 4

Business of Select Committee.

I welcome the Minister and his officials, Mr. Jack Thompson, Mr. John Rutledge and Ms Patricia Phillips. It is proposed that we work from now until about 3.45 p.m.. Is that agreed? Agreed. We should decide when we will meet again to consider the Bill. Following our discussion of possible times at our last meeting and the feedback received by the clerk to the committee, it is proposed that we meet to discuss the Bill at 2 p.m. to 3.45 p.m. on Tuesday, 15 February; at 2 p.m. to 3.45 p.m. on Thursday, 17 February; at 5.30 p.m. to 7.30 p.m. on Tuesday, 22 February and at 5.30 p.m. to 7.30 p.m. on Wednesday, 23 February. Are those dates agreed in principle?

I think they are agreed but could the list be passed around?

I will ensure it is circulated. We will take it the times are agreed unless there are any changes. As members know, I will be happy to accommodate any changes they may wish to make.

I had hoped we might have a very long session on Thursday, 17 February, possibly starting at 11 a.m. What times are available on that date?

The problem is trying to marry room and member availability. I understand the room is only available from 2 p.m. on that day. We have only two rooms for committee meetings.

My position is that we should move along as quickly as possible on the Bill. I would greatly appreciate if we could agree a day when we could spend six to eight hours on it.

It might be wiser to take short runs at it.

We would welcome any assistance the Minister of State could give us in obtaining a room. Perhaps we could complete the new building across the road. Can we agree those dates tentatively? I will be happy to accommodate any alterations. Agreed. Members have been circulated with a copy of the Law Library librarians' latest observations on the Bill which raises a number of issues in relation to lending. This is in the form of a copy of a letter dated 7 February which was sent, in the first instance, to the Minister of State, Deputy Kitt.

To comply with the rules in respect of Report Stage, there are matters like that submitted by the librarians to which we may have to return on Report Stage. I do not know if there is specific reference at each Stage of the Bill to that. We also received a submission from the Irish Copyright Licensing Agency this morning. We would want to retain our position on that in terms of reserving the right to table an amendment on Report Stage. Without dwelling on it, it might be helpful if the Minister caused a note to issue to the Opposition spokespersons on the net point arising from that latter one. I am not clear why it is not possible to apply for certification because the excision of the entire article 166 is wider than that. There may, however, be a very good reason that, in the case of the Irish Copyright Licensing Agency, it is causing serious grief. If the Minister would let Deputy Owen and myself have a note on that, it might be helpful.

I would be happy to do that.

On a procedural point, the problem is that as the debate goes on and as people watch it - there is a definite constituency which is concerned about this legislation - and we discuss something and amendments are accepted or rejected - Deputy Rabbitte may have a better background knowledge because he was in the Department - we get another version of what will transpire. I do not always understand whether the new lobbying which occurs is valid in comparison to what has been decided. I say this as much for the people in the public gallery as for ourselves and I know the lobby groups send them the latest information they send us.

It would be very useful if there was time - there is a week between our meetings - for somebody in the Department to ring me, Deputy Stanton or Deputy Rabbitte to say that second lobbying has missed the point or is very valid and that they will handle it. We will table amendments which do one thing in one section but which contradict what is in another. I do not believe we have the necessary backup. None of us has a copyright expert to help us.

This is very much related to what Deputy Rabbitte said. I am concerned that Deputies, who are putting much time and effort into this Bill and are coming to these meetings, are kept up to date with any new developments. I will ask my officials to facilitate the Opposition spokespersons as regards that type of briefing on new developments, as Deputies would wish. I appreciate my officials are stretched in trying to keep apace but Members are right in that there are many technical elements to this Bill, even from my point of view as Minister. Because we are dealing with so many areas, it takes great commitment by all of us to keep fully up to date as things change. If Deputies wish to be kept abreast of particular developments - Deputy Rabbitte mentioned a number of specific ones - we will endeavour to do that.

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