As the Deputy is aware the judgment of the High Court in the case of EMI & ors v UPC held that by reason of provisions of the Copyright and Related Rights Act 2000, an injunction is not available in cases of transient communications, and that Ireland did not comply with EU law. As you will appreciate, non-compliance with EU law is a very serious matter. A public consultation process seeking comments from interested parties on the content of a proposed legislative amendment to the Copyright and Related Rights Act, by means of a Statutory Instrument, was conducted over last June and July. More than 50 submissions were received and these submissions were afforded careful consideration.
In addition to liaising with the Department of Communications, Energy and Natural Resources, the consultation document was forwarded to bodies such as the Assoc of Trademark and Patent Attorneys, BT Communications Ireland Ltd, Consumers Association of Ireland, Digital Rights Ireland, Eircom, EMI Music Ireland Ltd, Enterprise Ireland, Google, Hinkson Solicitors, IBEC, IDA, IMIR, International Software Federation of Europe, Internet Service Provides Association of Ireland, Irish Copyright Licensing Agency, IRMA, Law Society of Ireland, Microsoft Ireland, O2, UPC, Vodafone, and Xtra Vision. Following the consultation, I had meetings with representatives from many of the above bodies including, ISPs, rightsholders and consumers. The submissions and input from all those concerned has been carefully considered and has proved very valuable in providing a comprehensive understanding of the differing views on the many issues involved including the relevant issues raised from the perspective of companies operating within this jurisdiction.
It is important to note that no policy change is proposed in the Statutory Instrument as it had been the intention of the Copyright and Related Rights Act to provide such civil remedies and it had been assumed that such was the case up to the High Court judgment in EMI Ireland & others versus UPC. The legislation proposed is a restatement of the situation that was thought to pertain prior to this judgment.
Going back to 22 December, 2002, the date by which every EU Member State had to have implemented Directive 2001/29/EC, every EU country has had to "ensure that right holders are in a position to apply for an injunction against intermediaries whose services are used by third parties to infringe a copyright or related right". Having that provision enshrined in EU law and the laws of Member States for a decade has not restricted the development of the Internet or innovative internet companies. On the contrary, the Internet has flourished.