Dáil Éireann Debate, Wednesday - 1 February 2012
96 Deputy Robert Troy asked the Minister for Jobs, Enterprise and Innovation if he will clarify the following with regard to the proposed law similar to the stop online piracy Act; the stage the proposal is currently at; when the final proposal will be ready for review; and if the public will be able to view this proposal when finished. [5857/12]
Amharc ar fhreagraI wish to inform the Deputy that I have not put forward any proposals to enact a Stop Online Piracy style law.
However, I would point out that an issue arose following a High Court judgement in October 2010 where it was held that Ireland was not in compliance with its EU obligations under Copyright Directive 2001/29/EC. It was held that the Court could not grant an injunction against an intermediary in relation to transient communications. Until this judgment, it had been considered that Ireland was fully compliant with Art 8 (3) of the relevant directive and that injunctions were available both under Section 40(4) of the Copyright and Related Rights Act 2000 and by reason of the inherent power of the court in relation to equitable remedies. Following consultation with the Office of the Attorney General it was considered that as the High Court decision was not appealed, it was necessary for Ireland, for the avoidance of doubt, to restate its previous understanding of its compliance with EU law.
A public consultation was held by my Department last July in relation to the wording of a proposed Statutory Instrument amending Section 40 of the Copyright and Related Rights Act 2000. More than 50 submissions were received from interested parties. I am most grateful to all who contributed to this consultation. It provided me with an excellent overview of all the issues and concerns involved. I have also engaged extensively with interested parties in relation to any issues or concerns that they have raised in relation to the matter.
The amended text of the proposed Statutory Instrument was recently published by my Department. It should be noted that this matter was also the subject of a Dáil debate on 31 January 2012. I would expect that this legislative measure will be introduced shortly.
I wish to state that the measures being proposed in the Stop Online Piracy Act in the United States are of an entirely different order to that being put forward in the Statutory Instrument.
97 Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation if he will provide an update on the Protection of Employees (Temporary Agency Work) Bill 2011; and if he will make a statement on the matter. [5877/12]
Amharc ar fhreagraI can advise the Deputy that the Directive on Temporary Agency Work is being transposed by way of primary legislation that is currently before the Houses of the Oireachtas. The Protection of Employees (Temporary Agency Work) Bill, 2011 is one of the priority Bills for my Department. The Bill completed Second Stage in the Dáil on 19 January last and Committee stage is scheduled for 2 February 2012.
Assuming passage of the Bill through all stages in the Dáil in early February, it will then proceed for consideration of all stages before the Seanad. The intention is to ensure passage of the Bill at the earliest possible enactment date.
