In response to a parliamentary question I raised yesterday evening in the Dail, Minister Varadkar announced an allocation of €5 million for the Gathering. The Gathering will be the biggest tourism initiative ever staged in Ireland and will involve a year-long programme of festivals, events and gatherings throughout the country, aimed at attracting foreign visitors.

I think the Gathering is a good initiative from the Government and is a great opportunity for the Country. It may well prove a significant injection in to the economy in what will be an important year in terms of the bailout programme.
The plans from the Minister announced today, including the allocation of €5 million in funding, are a real statement of intent. St Patrick’s week of this year will be when we announce our plans to the world and this will guarantee maximum impact as all eyes will be on Ireland.

The Gathering will be overseen by a Project Board which will bring together representatives from the tourism bodies and from the Department of Transport, Tourism and Sport along with other members with relevant expertise.

The Project Board will be supported by an executive team drawn from tourism agencies and graduates through the JobsBridge scheme. A Council of Champions will offer further assistance by acting as forum to engage the wider community at home and abroad.

It’s very positive that the Minister has made provisions for graduates through the JobsBridge scheme to play a central role in the implementation of the Gathering. Tourism is a key part of the plan to keep Ireland on the road to economic recovery because it involves the domestic economy and job creation throughout the country. By engaging with communities and members of the public, the Gathering provides a way for everybody to make a valuable contribution.

Watch the proceedings here.

The Government’s plan to rebuild the economy and create jobs.

The Taoiseach, the Tanaiste and the Minister for Jobs, Enterprise and Innovation today launched the first annual Action Plan for Jobs, the Government’s plan to rebuild the economy and create jobs. The plan, which contains over 270 actions to be implemented in 2012 by all 15 Government Departments as well as 36 State agencies, will improve supports for job-creating businesses and remove barriers to employment-creation across the economy.

Action Plan for Jobs 2012 builds on work across Government to deliver reform and create economic growth, and will deliver on the third major strand of Government’s economic programme. The first was the plan to rebuild the banking system’s capacity to extend credit into the economy. The second was the plan to reduce the interest rates for the government, banks and enterprise by cutting the government deficit and downsizing the public sector. Building on the work of Ministers Noonan and Howlin to stabilise the public finances and the banking system, the third strand now is to build on this progress with the wider economic reforms needed to accelerate jobs growth and get the country working again.

Ministers Burton and Quinn are delivering on a fundamental transformation of the training and activation services that the State provides, and further details will be unveiled shortly.

Action Plan for Jobs 2012 is the first instalment in an ambitious multi-year process which aims to deliver on the Taoiseach’s commitment to make Ireland the best small country in the world in which to do business, and increase the number of people at work in Ireland by 100,000 – from 1.8million to 1.9million – by 2016. The measures to be implemented in 2012 include:

1.            Establish a “one-stop-shop” for small business supports, by dissolving the County and City Enterprise Boards and creating a new Micro-Enterprise and Small Business Unit in Enterprise Ireland that will work with Local Authorities to establish a new network of Local Enterprise Offices in each Local Authority.

2.            Implement a range of new supports for small and medium-sized businesses struggling to access credit, including a €150million Development Capital Scheme aimed at addressing a funding gap for mid-sized, high-growth indigenous companies with significant prospects for jobs and export growth. A Loan Guarantee Scheme and a €100million Micro-Finance Loan Scheme will also go live shortly.

3.            Better support indigenous companies to improve their performance, including:

• establishing a new Potential Exporters Division in Enterprise Ireland to idenfity more and better support indigenous exporters.
• up to €1.2 million per year in extra funding for mentoring and management development networks.
• increased mentoring of SMEs by top business leaders, multinationals and large Irish companies.
• assisting small businesses to engage in R&D and innovation.

4.            Help more small businesses win big contracts, both from Government and from large multinationals.

5.            Implement the ‘Succeed in Ireland’ scheme, to provide direct incentives to members of the diaspora and others across the world to create jobs in Ireland.

6.            Turn more good ideas into good jobs, by implementing a Research Prioritisation Plan and enacting new laws to target the State’s core €500million annual research budget towards more applied areas of research with strong potential for commercialisation and job-creation.

7.            Create a vibrant environment for business start-ups, attracting more international start-ups and making it easier for indigenous businesses to establish here.

8.            Measures to reduce costs, including a request to Government Department and Agencies to identify, by next month, charges levied on business that can be frozen or reduced for 24 months.

9.            The Government will identify a number of key sectors which will be major sources of job-creation and economic growth, such as:

• Manufacturing, including establishment of a Manufacturing Development Forum
• Establish a Health Innovation Hub to drive collaboration between the health system and the life sciences industry
• Publish and implement a Cross-Departmental Plan for the Green Economy
• Agri-food – including winning more investment from multinational food companies for Ireland
• Cloud computing – including a Cloud Computing Strategy for the Public Service and establishment of a research centre in cloud computing
• Establish a cluster development team for digital games
• Establish industry clusters in targeted sectors

The Plan is accompanied by a detailed list of the more than 270 actions which includes the measures required to implement each action, the Government body responsible for implementation in each case, and the deadline in 2012 by which each measure will be delivered. In order to police implementation of the measures, the Cabinet has sanctioned the establishment of a Monitoring Committee which will be chaired by the Taoiseach’s Department and will also include representatives of the Department of Jobs, Enterprise and Innovation, the Department of Public Expenditure and Reform and Forfas. A number of expert staff from Forfas will work closely with the Department of the Taoiseach to assist with the monitoring process. Quarterly reports on implementation will be prepared and published by this monitoring group.

Watch the proceedings here.

Yesterday the Government published the Finance Bill 2012. The Bill gives effect to the taxation measures announced in last December’s Budget. The Bill has left Income Tax untouched and, as promised in the Programmes for Government, there is an increase in the rate of Mortgage Interest Relief which has risen to 30% for first time-time buyers who purchased homes between 2004-2008 (which should benefit 270,000 purchasers). Another key commitment sees an increase in the Universal Social Charge exemption threshold from €4,004 to €10,036 which will benefit 330,000 workers.

It also includes a number of measures that I think are particularly good, including:

• Measures designed to support job creation and enhance the attractiveness of Ireland as a destination for multinational companies.
• Measures which aim to support SME’s and indigenous companies by recognising areas with the best employment potential.

These include:

• Foreign Earnings Deduction to support companies that promote Irish exports to countries such as Brazil, Russia, India, China and South Africa.
• Three year Tax Relief for Start-up Companies is being extended to Start-ups who commence a new trade in 2012, 2013 or 2014 – a great incentive for Irish entrepreneurs.
• Rewarding Research and Development by allowing companies reward key research employees by giving the company the option of transferring a portion of their R&D Tax Credit to personnel who are involved heavily in this area and making it easier for SME’s to claim the credit.

Also:

• Our exports grew by 4.4% in the first 9 months of 2011 and are leading the economic recovery and that the IDA reported record numbers of new investments won in 2011. The Bill is designed to build on this success.
• A ‘Special Assignee Relief Programme’, introduced in the Budget to attract key foreign -based individuals to the Irish-based operations of their employers, which this will see specialised individuals bringing their expertise to Irish companies.
• Extending the tax relief for corporate investment in renewable energy generation.
• Improved relief for excess tax on royalties for the Software Industry.

The measures above involve one key area of the economy.

A full copy of the Bill can be found on the Oireacthas website at: http://www.oireachtas.ie/documents/bills28/bills/2012/0512/b0512d.pdf

In a debate on road safety on Wednesday, 5 October 2011, I proposed that the Minister conduct a national audit of road speed limits.

Today, Minister for Transport, Tourism and Sport, Leo Varadkar TD has announced that he is going to do this. The purpose of the audit is to ensure that speed limits are not only safe but also sensible. The Department is engaging with the National Roads Authority and local authorities to conduct the audit but the Minister is also encouraging members of the public to highlight their concerns within their respective local authorities. While recent road safety measures have seen road fatalities for 2011 fall to the lowest levels since records began, the primary objective of the audit is to identify inconsistencies between different regions and to ensure that right speed limits are in operation on the right roads.

Audit of Speed Limits

• The Minister for Transport, Tourism, & Sport plans a nationwide audit of speed limits to ensure that all speed restrictions are both safe and sensible.
• The Minister’s Department is engaging with the National Roads Authority (NRA) and local authorities to conduct a nationwide audit of speed limits across Ireland.
• Speed limit bands are set by the Minister for Transport, Tourism & Sport. However, specific limits applied on particular roads are determined by the local authorities, in consultation with the Gardaí and in respect of national primary and secondary roads with the National Roads Authority.
• The aim of the audit is to start overhauling the inconsistencies between different counties and regions, and put an end to confusion among drivers. Although the process is expected to take some time, the audit will be a crucial first step.
• The NRA and local authorities will be asked to conduct the audit in consultation with the Department of Transport, Tourism & Sport. However, the Minister also encouraged members of the public to highlight their concerns with their own local authority.
• Recent road safety measures like speed cameras and new drink driving laws have gone a long way towards improving road safety. However, we need to ensure that the right speed limits are in operation on the right roads.
• We all know of cases where speed limits are inappropriately low or inappropriately high. There can be some confusion among drivers about the various speed limits which should and do apply, as well as the approach to speed limit signage on national, regional and local roads.
• There are also suggestions that local authorities are not consistent in how they decide on the appropriate speed limit and that this has also contributed to driver confusion. Last year a new set of guidelines for special speed limits was published. This audit will follow on from that publication.

Thursday, 2nd February 2012

I congratulate the Minister on bringing this Bill before the House. We made a commitment to the people during the general election last year that this would be a reforming Government and that while restoring our country’s fiscal sovereignty would be our prime objective, we would also take the opportunity to reform all aspects of society to better meet the needs and realities of Ireland in the 21st century. Our aim would be to find a new vision for the country and to build a better country in pursuit of that vision. No sector of our economy or society can claim it is incapable of performing better, including this Parliament. We have only just begun our work, but already some important steps have been taken. This Bill is another important step in the process of the reform we hope to bring about for the country.

The Minister has asked for constructive proposals on how the Legal Services Regulation Bill may be strengthened and I hope to offer some in this debate. I have spoken with and corresponded with the Minister on this matter previously and I appreciate the fact he took the time to engage with me in detail on the various issues. We also had an excellent briefing last week on the Bill with the Minister and his officials where we had the opportunity to go through each section of the Bill in detail. Again, I thank the Minister for his time and for answering my questions in detail.

Today, I would like to speak about some particular aspects of the Bill because although we have discussed these issues previously, it is important that as a member of one of the Government parties I come into the House and contribute to the debate. Much of the work of Government Deputy happens in the background, in parliamentary party meetings and in one-on-one meetings with Ministers and their officials. However, it is important to the process that we also come into the House and express our opinions. I feel that too much of the work of an elected representative to this House is confined to that of a constituency representative and that needs to change. It is changing, but slowly. We are elected both to represent our constituents and to attend Parliament and bring our judgment to bear on matters of national importance. That does not mean coming in here and pushing a button once or twice a week, or standing up and speaking to a half-empty Chamber and calling it debate. This is a criticism I level at all of us, myself included. The country wants us to do better. It wants reform in this Chamber and wants us to be better and we cannot let reform of this House slip off the agenda, even for a moment.

As for reform of the legal profession, an issue this Bill attempts to address, it is critical to the functioning of a true and proper democracy that operation and regulation of the legal profession and system is truly independent of the executive and legislative branches of government. To blur that separation of powers even slightly is to strike at the delicate balance underpinning our society.

In a democracy, an independent legal system is essential to protecting and vindicating the legal rights of citizens. Anything that seeks to alter the constitution of that system, even with a view to improving it, must be examined very carefully. Independence is not an absolute term or meaning. It has different connotations. It is varied in its practice and it is relative. As a general principle, we can agree that it is preferable that no body or profession would regulate itself. That is true for the legal profession as it is true for the other professions. However, it is also important to recognise that in a democracy, given the special position of the legal profession, neither can the operation and regulation of that system be vested in the Government alone.

The Legal Services Regulation Bill 2011 establishes a legal services regulatory authority to regulate and control the legal profession, something we all would welcome in this House. However, questions have been raised about its constitution and there is a concern about potential political interference from future administrations. When we address new Bills in this House, we must remember that the ensuing legislation will remain after we are gone. We must always keep in mind those who will follow us into this Chamber and those who may occupy the front benches. Questions have been raised and we should not be afraid of them. We should answer these questions and where they are ridiculous, let us say that they are ridiculous and where they merit consideration, let us consider them. The Government will not have all the answers and we will not get it perfect every time.

I am personally interested in those proposals which have been put forward to parliamentarians that would seek to constitute the regulatory authority in a slightly different manner to that which is proposed in the Bill. I am particularly interested in those elements that seek to give more of a role to Members of the Oireachtas as a pillar separate to that of the Executive. These give us more of a role as legislators and give more weight to what we do in our work in the Government. That is important as part of the reform that we need to seek in this House. We can achieve that without impinging on the independence principle that we are all seeking to promote as we go about reforming the legal profession and as is contained in this Bill.

It is important that the appointment of a new regulatory authority is transparent and is seen to be transparent, uninfluenced by day-to-day political concerns. I wonder if there might be a role for the Commission for Public Service Appointments, or a similar body or committee, to nominate members for the Government to appoint to the regulatory authority. I agree with the Minister that it is also important the authority has a lay majority. However, it might be a good idea for those lay members to be nominated from particular sectors of our society, such as the non-governmental sector or other professional bodies, which will add to the variety of the authority and will increase its expertise. I would also like to see the regulatory authority reporting to the Oireachtas and its committees. If anything, this will strengthen the role of the Oireachtas and its independence from the Executive.

We could decide that Members of the Oireachtas will be responsible for dealing with those matters that may arise in the work of the regulatory authority, such as whether a member should be removed from the authority. That may fall to the Oireachtas or one of its committees to decide, and then only for stated reasons. I raise these two points because it is important in the context of the future Governments and future Members of Parliament who may sit here after us.

We have also discussed the potential costs of the regulatory authority. It is important that it is funded appropriately, so that it can carry out its work. It will have a lot of work to do under this Bill and it is appropriate that it has the right number of staff and all the resources necessary so that it can effectively regulate the legal profession.

The Minister is looking at the ways in which we might cost or provide for the funding of this authority but it is preferable that the authority would be established in such a way that it would not increase costs for the consumer. That is an important principle and I look forward to any proposals that the Minister has on that issue. He has also indicated that amendments may be made to the consent provisions in the Bill, and I look forward to considering them on Committee Stage.

I appreciate that there is a compelling reason for reviewing the current structures of the legal profession. However, given how significant the changes will be – it is a big change to how legal services operate in this country and to how people access those services – it has been suggested that there may be room for further development of the part of the Bill dealing with multi-disciplinary practices in separate legislation. This merits some consideration given the huge amount of work that will be involved in it, and I know the Minister is committed to it.

I am interested to hear more about how it is intended the new disciplinary tribunals are to interact with the new authority. Will they come under it? Will they share membership or other structures? Will they be appointed by the authority or will they be strictly independent of it? If they are independent, how will they be constituted and to whom will they report? We have not had an opportunity to speak about that yet, and I would appreciate clarification on that matter.

I hope that those proposals may be constructive to the work the Minister is trying to do. As a backbench Member of the senior party in the Government, it is important that contribute to this debate and be as constructive as I can. There is a long way to go. It is a large, ambitious Bill and I congratulate the Minister for that. I look forward to participating in further debates as we move to Committee Stage.

Watch the proceedings here.

31.1.12

Introduction

Let me start by repeating that I fully subscribe to the freedoms, the opportunities and the access to information that the Internet provides us with. Ireland is home to some of the world’s most innovative internet companies and we are determined to grow our reputation as a location where smart people and these smart companies can continue to innovate in this fast moving arena.

The last thing innovators need is a culture where the outputs of their creative endeavours have to be locked away or kept secret for the fear of theft.  Ireland is very proud of the fact that we have a modern suite of intellectual property laws that by their very nature balance a range of competing interests and rights in a manner that is seen, right across the globe, as reasonable and proportionate. I intend that this will continue.

Background to the proposed Statutory Instrument

It may be useful to explain the background against which the requirement for the amendment to the Copyright and Related Rights Act 2000 has arisen.  In the EMI & others versus UPC High Court judgment of 11 October 2010, Mr Justice Charleton decided that he was constrained by the wording of the Copyright and Related Rights Act 2000 and thus could not grant an injunction to prevent infringement of copyright against an information service provider (ISP) in the circumstances of “mere conduit” (transient communications).  In doing so, he stated that Ireland had not fully transposed the relevant EU Directive(s).

The “Mere conduit” principle provides that if an ISP does not initiate a transmission, or modify the material contained in a transmission and does not select the receiver of the transmission, it is granted a “safe harbour” against liability, by virtue of the e-Commerce Directive [2000/31/EC]. However, according to the same directive, this freedom from liability does not affect the power of the courts to require service providers to terminate or prevent copyright infringements.

I would like to point out that two EU directives, namely the Copyright Directive 2001 and the Enforcement Directive 2004 require that the holders of copyright – authors, music composers, lyricists, record producers etc. – are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related right.

What is an intermediary?

In a nutshell an intermediary is an ISP who provides mere conduit, caching or hosting services on the internet.

It is the case that my Department had considered that injunctions were available under Section 40 (4) of the Copyright Act and the inherent power of the courts to grant injunctions, which are equitable and discretionary remedies, granted according to settled principles, developed by the courts.  However, this was not Mr Justice Charleton’s view.

Legal Advice

The Attorney General’s Office was asked (both by my Department and Department of Communications, Energy and Natural Resources) for its advice as to the implications of the High Court judgement. The Attorney General’s Office has advised that the obligation contained in the Directive is clear and unambiguous. Rightholders must have a mechanism available to them to apply for an injunction against intermediaries where their intellectual property rights are being breached. Separately the Office advised that the prudent course was to introduce a Regulation to ensure compliance.

I fully acknowledge that this is a sensitive issue (the copyright balance between creators and users and intermediaries) in relation to on-line services and businesses, which are of importance to Ireland’s economy. Considering this, and in the context of the obligations due under the EU Directives, discussions took place with the Attorney General’s Office and the legal advisor in my Department, in order to frame a draft Regulation and put it into the public domain for consultation. The Regulation follows the wording of the Copyright Directive so that we are in compliance and includes a very important proviso that the courts shall have due regard to the rights of any person likely to be affected and this includes, where appropriate, a direction requiring a person to be notified of the application.  This latter provision respects the European Convention on Human Rights.

Public Consultation Process

After consultations with the Attorney General’s Office and the Department of Communications, Energy and Natural Resources, my Department launched a public consultation on the text of the proposed Statutory Instrument on 17 June, 2011.  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, X-tra Vision.  Following the consultation, I had meetings with representatives from many of the above bodies including, ISPs, rightsholders and consumers.

The consultation attracted over 50 submissions from interested parties.  Several of these submissions contained legal arguments in regard to the issue as well as comments in respect of the draft statutory instrument which was published as part of the consultation process.  These comments were forwarded by my Department to the Office of the Attorney General for further consideration.  Following this, and after meetings with interested parties, it is clearly necessary to proceed with the Statutory Instrument which will restate the law in relation to injunctions against intermediaries which was considered to pertain prior to the judgment. This will make compliance with the Copyright Directive manifestly clear. The wording of the Statutory Instrument has been formally drafted and the text of which was published last Thursday (on 26 January, 2012).

I would also like to point out that there is no change of policy being put forward in the proposed legislative measure. It is merely a restatement of the position that was considered to be in place before a High Court judgment of Judge Charleton in October 2010. Ireland is obliged to provide that rightsholders are in a position to apply for an injunction against intermediaries whose services are used by a third part to infringe a copyright or related right.

Legal Proceedings against the State

It should also be noted that legal proceedings against the State have been issued by the Plaintiffs in the UPC case and damages arising from a successful challenge could be substantial.  The European Commission has also requested information (on 22 December, 2011) on Ireland’s compliance with the Copyright Directive.

The type of injunction that may be granted by the Courts

While the Copyright Directive requires that rights holders must be able to seek an injunction against intermediaries to prevent or terminate an infringement, the Court of Justice of the European Union has held that this must be interpreted in a way which allows a fair balance to be struck between the various fundamental rights protected by the Community legal order and the principle of proportionality. EU law has held that copyright is not an absolute right but must be balanced with other rights protected by the European Union Charter of Fundamental Rights such as the right to freedom of expression and information, data protection, the right to conduct a business, and that any remedy must be proportionate.

No national authority or court can require an ISP to carry out general monitoring of the information that it transmits on its network. This means an ISP cannot be asked to monitor all of the data of each of its customers in order to prevent any future infringement of intellectual property rights.  National courts must strike a fair balance between the protection of copyright and the protection of the fundamental rights of individuals who are affected by such measures.

Relevant Case law from the European Court of Justice

In this regard, I would like to refer the House to the recent Court of Justice of the European Union (CJEU) “Scarlet –v- Sabam” case (C-70/10) which enunciated the general principles in relation to the balances required to be taken into account. In this case on 24 November 2011, the CJEU clearly laid out the aforementioned principles that will guide all national courts in future (Case C-70/10- SABAM). It also found in that case that requiring an ISP to install a contested filtering system would not be respecting the requirement that a fair balance be struck between the right to intellectual property and the freedom to conduct business, the right to protection of personal data and the freedom to receive or impart information.

Differences between the proposed Irish Statutory Instrument and the Stop Online Piracy Act (SOPA) in the United States

I am fully aware that concerns have been expressed that the proposed Statutory Instrument mirrors the Stop Online Piracy Act (SOPA) in the United States.  However, I would point out that these concerns are not based on fact.

The most worrying aspects of the US proposals would involve blocking access to websites internationally; taking down entire websites for one infringing item; blocking access to websites by the US State enforcement without notice; targeting companies between the site and end-user, without notice, e.g. service providers, search engines, payment network providers and advertising networks; imposing a monitoring of content requirement on internet companies and, in effect, forcing them  to self-censor; extension of criminal liability; the by-passing of the “safe-harbour” provisions in copyright law; the lack of due process; the disregard for fundamental human rights; the involvement of government in civil infringement areas, etc.

I would stress that such a regime could not be introduced in the EU, where the safe-harbour provisions are protected in the e-commerce directive and where, in implementing EU law, the European Union Charter of Fundamental Rights must be applied.  This includes the right to conduct a business, protection of data, the right to protection of personal data and the freedom to receive or impart information with the right to intellectual property. Critically any order granted must be proportionate. These matters must be considered when deliberating on the granting of an injunction.

EU Law as it relates to this Statutory Instrument and the Balance of Rights

It is of the utmost importance to note that the purpose of the proposed Statutory Instrument is simply to provide explicitly that injunctions may be sought, as obligated by the two EU Directives that I have already referred to (namely the Copyright Directive 2001 and the Enforcement Directive 2004).  It should also be noted that such injunctions are available in all other Member States of the European Union by virtue of the two Directives already referred to and have been required since at least December 2002 and since that time the internet has flourished

In granting such injunctions the courts must take account of Court of Justice of the European Union judgements. As I have already stated, these judgements require that a fair balance be struck between the various fundamental rights protected by the Community legal order and the principle of proportionality. The Statutory Instrument is sufficient because, particularly following the Court of Justice decision in the Scarlet/Sabam case, the Courts have authoritative guidance on the balance to be achieved between on the one hand, Intellectual Property Rights, and on the other hand, the freedom to conduct a business enjoyed by operators such as Internet Service Providers, the protection of private data and right of freedom of expression and information and proportionality of any remedy.

The Copyright Review Committee

I would also like to state that my Department launched an independent review Committee on 9^th May, 2011 with the view of examining and reviewing the existing Irish copyright and legislative framework.  The Copyright Review Committee is an independent body.  Its terms of reference are clear and, in general, are concerned with identifying any areas that might be deemed to create barriers to innovation, and to make recommendations to resolve any problems identified.

I would reiterate that following the advice of both the former and current Attorney Generals, it is felt necessary that Ireland’s position in ensuring that rightsholders can apply for injunctions against intermediaries whose services are being to infringe their copyright, must be restated. Otherwise, the State is at risk of actions against it which would probably result in substantial damages. It is the case that nothing the Review Committee could suggest can change this fact.  It is difficult to see what conditions could be attached to the S.I. that are not already provided for by EU law – e.g. data protection, freedom of expression, information, freedom to conduct a business.

The Copyright Review Committee is expected to publish its 1^st consultation paper shortly (following consideration of the submissions received).  It could be that one of the items it puts forward for further consideration would be a voluntary forum for all stakeholders, in which various copyright matters could be discussed.

Boards.is

As I have already stated, an intermediary is an ISP who provides mere conduit, caching or hosting services on the internet.  As such an entity such as Boards.ie, because its avails of the hosting exemption, could be considered an intermediary.  However, no injunction may be taken against it provided it abides by the notice and take down procedures as set out in the Copyright and Related Rights Act 2000 (section 40(4) refers).

Final Comments

In conclusion, I would like to make it perfectly clear that in proposing to amend the Copyright legislation, I am particularly conscious of the importance of online content and digital businesses in the Irish context and, by introducing the proposed Statutory Instrument, I am simply seeking to ensure Ireland’s continued compliance with its obligations under the relevant EU Directives following the decision of the High Court in the aforementioned UPC case.  It is very clear from the rulings of European Court that any remedy applied will have to be proportionate and we can be confident that this approach protects rightsholders by allowing them the access to the courts that we must provide while protecting the fundamental rights of third parties.

I would also point out that going right 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 rightholders 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.

30 January, 2012

The Minister for Education and Skills, Ruairí Quinn TD, together with Minister for Jobs, Enterprise and Innovation, Richard Bruton TD, today launched the Joint Government – Industry ICT Action Plan: Meeting the High Level ICT Skills Needs of Enterprise in Ireland

Launching the Action Plan, Minister Quinn said that “Providing the right skills at the right time for the right jobs is absolutely essential if we are to get the Irish economy back on its feet.

“We need to take action to develop a sustainable domestic supply of high level ICT skills over time to drive the further expansion and development of the sector and to support innovation and growth across other sectors of the economy.

“I’m very pleased to announce today that more than 750 places are being made available on 17 new graduate skills conversion programmes across the country. People can apply for a place today, through the Bluebrick website, for courses commencing in March.

“Particpation on the programmes will be fully subsidised by my Department; no fees will be charged.” the Minister said.

The Action Plan also sets out how we are going to build the supply and quality of graduates in the medium term to long term.  It establishes an ambitious target of doubling the annual output of ICT graduates from 1,000 this year to 2,000 by 2018.

Minister Richard Bruton added, “”The Government’s plan to get jobs and growth back into the country will have no ‘big bang’ solution, but will require transformation across all sectors and a brick-by-brick rebuilding of the economy. A key part of this will be to get the greatest possible benefit out of the strengths we have, and the ICT sector, where there are over 1000 vacancies and great potential for future growth, provides a major opportunity for employment if we can provide the necessary skills.

“The government is determined to train more people to take up these jobs, and today we are committing a series of ambitious targets, including doubling the number of graduates in this area by 2018. With proper implementation this will make a major contribution to getting the country back to work”.

Speaking at the launch, Regina Moran, Chair of ICT Ireland, said: “The technology industry is a significant area of growth in Ireland and is a crucial sector for economic prosperity. All of the top 10 global technology companies have a major presence here and importantly we have a powerful indigenous software sector. With 80 jobs a week being announced since the beginning of 2011, the sector offers fantastic career opportunities in a variety of fields.

“In order to meet the skills demand of this growing sector, industry and government have combined forces to develop the education action plan launched today. This plan addresses the need for skilled graduates and employees through a number of long and short term measures and policy initiatives. Industry is fully supportive of this plan and indeed has played an integral part in its development. The plan sends a strong signal to the global business community that Ireland will remain a powerhouse for technology.”

Peter O’Neill, President of the American Chamber of Commerce Ireland said that the publication of today’s ICT Action Plan was an important initiative which will be brought to fruition by government, industry and academia collaborating to address this area of real opportunity for Ireland.

“Increasingly, the availability of skills is a key driver in foreign direct investment decisions and Ireland’s young, skilled and flexible talent pool has been a strong attraction for multinational companies locating here. There is a real opportunity for us to build on that reputation so that Ireland can continue to attract investment and grow both exports and employment. ICT technology platforms and capabilities underpin all sectors of the economy – public services, transport, digital media, medical technologies, advanced manufacturing, logistics and trade, as well financial services.

“We have to implement the full range of short, medium and longer term actions outlined in this plan to ensure that we deliver the next generation of graduates with the skills that are required to match the fast paced changes in technology and ICT”, he said.

A key action contained in the Plan is the development of a High Level ICT Foresight Group. This Group is being chaired by John Hennessy of the HEA, and is having its first meeting today. The Group’s members are key industry and higher education decision makers and they will work on ICT and electronic engineering programme development.