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DÁIL ÉIREANN · FORMER

Peter Burke

Longford-Westmeath · Fine Gael · Ireland

IN THEIR OWN WORDS

I thank Deputy Ó Broin for raising this important matter. I cannot imagine the trauma many families are going through right now as a result of the conclusion of An Coimisiún Pleanála on this file. This was a dark time in our past.

SITTING OF 2026-07-09 · READ THE OFFICIAL REPORT

I thank Deputy Nash for his question on this very important issue. I will say clearly and unambiguously that I share his concerns in relation to ensuring that no product produced in Ireland ends up in the Russian military complex. We are very firm in that belief.

SITTING OF 2026-07-09 · READ THE OFFICIAL REPORT

I have heard suggestions in some outlets that the Irish Government was in that company's corner at key European forums. That is not true. The European Commission has brought forward 20 sanctions packages and Ireland has supported them all 100%. It is very important to put that on the record.

SITTING OF 2026-07-09 · READ THE OFFICIAL REPORT

I thank Deputy Wall for his very important intervention. I heard part of the interview this morning, which was exceptional and very courageous, showing leadership in an area which affects so many people in our society. I know the Minister for Health is supportive of the Deputy's initiative and remains so.

SITTING OF 2026-07-09 · READ THE OFFICIAL REPORT

We have enacted the Family Courts Bill, establishing a dedicated family court to look at very sensitive items for victims. We have introduced an offence for non-fatal strangulation, reflecting the seriousness of the abuse and the stress and harm it causes.

SITTING OF 2026-07-09 · READ THE OFFICIAL REPORT

I thank Deputy Murphy for being proactive and bringing forward a solution to try to operationalise a group of the Oireachtas and showing leadership to do that for Tipperary. I will absolutely bring that to the attention of the Minister for justice, particularly considering the cross-party aspect.

SITTING OF 2026-07-09 · READ THE OFFICIAL REPORT

The complete record

Every one of 870 lines we hold for Peter Burke, in date order, each linked to its source. Free to read, in full, without an account. Page 7 of 18.

  1. The Digital Services Act puts responsibility for facilitating the dissemination of harmful content where it belongs, namely with the online platforms. The Government also welcomes this week’s announcement by the Data Protection Commission that it has commenced a large-scale inquiry which will examine X’s compliance with some of its fundamental obligations under the GDPR in relation to the matters at hand. It is important now to respect the independence of the relevant national authorities and the European Commission who are responsible for enforcement of the relevant laws and regulations and allow their investigations to be carried out independently and in accordance with procedural safeguards.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  2. Nationally, Coimisiún na Meán has met with the assistant commissioner for organised and serious crime, the heads of the Garda national cyber crime bureau, the Garda national protective services bureau and the online child exploitation unit as well as separately with both Hotline.ie , Ireland’s national reporting centre, and the Data Protection Commission. An Garda Síochána has stated its full commitment to supporting victims and numerous investigations are currently under way to determine if there have been breaches of the law. On 26 January the European Commission announced the commencement of an investigation into X and the use of Grok to generate and disseminate illegal content under the Digital Services Act. Coimisiún na Meán collaborated closely with the Commission in its preparation and is formally associated with the investigation.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  3. An urgent cross-Government response was mobilised in response to this issue when it arose in January, including the relevant Ministers and the Attorney General as well as Coimisiún na Meán to ensure a full understanding of the significant legislative and regulatory framework that already exists and provides protections in relation to this issue and how it was being applied. Coimisiún na Meán is Ireland's digital services co-ordinator under the Digital Services Act and has engaged intensively with the European Commission since the initial reports on this serious issue.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  4. Under the Child Trafficking and Pornography Act, the production, possession and distribution of child sexual abuse material, whether offline or online, whether generated by AI or otherwise, is illegal and attracts a sentence of up to 14 years imprisonment. Under the Digital Services Act, the European Commission is responsible for the oversight of very large online platforms like X which are required to assess and mitigate risks that their services may create in relation to the proliferation of illegal content online and the protection of minors.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  5. I propose to take Questions Nos. 7 and 16 together. I thank Deputy Byrne for her very important question. This is a very serious issue and the Government has been very clear from the outset that the sharing of non-consensual intimate images and the generation of child sexual abuse material is illegal and that the use of AI to generate illegal material or to cause harm is unacceptable. The Harassment, Harmful Communications and Related Offences Act, known as Coco's Law, creates a serious offence of distribution or publication of an intimate image without consent with intent to cause harm to the victim.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  6. That will fuel the engine for the years ahead to ensure we can do so many things for employees and tackle our infrastructural deficits in the coming years. That will be critical to the success of our economy.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  7. I would be willing to work with the Deputy across government to enhance the supports the LEOs have been offering to SMEs, the small family businesses that make up two thirds of all the employment across our country and drive so much of the economic activity in our communities. We are absolutely looking to enhance supports for them. The Minister of State, Deputy Alan Dillon, and I are doing a lot of work in relation to the LEOs, Enterprise Ireland and the service level agreement that pertains to both. With regard to the midlands, I would point out that from quarter 3 of 2024 to quarter 3 of 2025, 3,900 new jobs were created in that locality. Critically, that means there are 3,900 families with an additional income that was not the case a year earlier. On the broader spectrum, budget 2026 was an exclusively enterprise budget.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  8. I am saying to businesses in the hospitality sector that that is 4.5% on their margins. I need 7% growth from them to ensure we get a very strong return of jobs and revenue back into the Exchequer. We also did a huge amount of work with the low-cost loans, increasing the microfinance loan to €50,000 and doubling the investment innovation voucher to €10,000.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  9. I thank Deputy McCormack for his concern. I will make a few points. First, in addition to the sustainability grants, digitalisation allows businesses to either grow their revenue or reduce their cost base. That is a key way to change the business model. The critical thing about a grant is that the business does not change its model, which potentially leads to an unsustainable pathway, so it has to be done every single year. Businesses can increase revenue or reduce costs. That is how they get on a winning path. We are trying to continue with that. Our National Enterprise Hub has 250 supports. I would encourage all SMEs to log onto that to get the details on the range of supports. I would also point out that we have reduced the VAT rate on gas and electricity for SMEs, and we reduced the VAT rate on hospitality to 9% from 1 July.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  10. These include the climate action voucher, which provides up to two days of independent training or advisory services to develop an initial sustainability action plan, and GreenStart, which provides up to €5,000 to fund the cost of hiring a sustainability consultant to introduce best practice sustainable systems to the business. Additionally, the Climate Toolkit 4 Business is a free online resource where SMEs can estimate and understand their businesses' carbon footprint. Businesses receive a tailored climate action plan specific to their business, with recommendations on the most impactful steps they can take, and directions to the Government supports to help them achieve these steps.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  11. For example, the energy efficiency grant offers up to €10,000, or 75% of the costs, for small businesses to invest in technologies and equipment identified in a Green for Business, GreenStart or SEAI energy audit. The aim of the scheme is to reduce the impact of enterprises on the environment and, critically, their energy costs in the longer term. Enterprise Ireland has a broad range of supports that help rural SMEs improve productivity, embrace digital tools and transition to a low-carbon future, which will be essential for their long-term sustainability.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  12. I am committed to boosting the competitiveness and long-term sustainability of SMEs across the country by supporting them to reduce costs and improve their overall productivity. The Government now has a range of supports available to SMEs to save on energy costs, while improving their sustainability. The local enterprise offices, based within the 31 local authorities, offer advice, consultancy and grants in the areas of lean, green and digital. These grants focus on enhancing productivity and improving competitiveness in small businesses. Effective and efficient use of materials and resources can make a significant difference to the profitability of businesses, making them more sustainable and increasing their ability to respond to shocks in the economy.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  13. I would point out that the Deputy has opposed every attempt I have made to stabilise small businesses, from subminimum rates to the living wage to sick days - every area that drives costs for business. If you ask a small family business what its biggest driver and challenge is, you will be told that it is wages. The biggest challenge for every business is wages. We are assisting with that and we are helping real wage growth in the economy, where we know our most vulnerable employees are outpacing the rate of inflation with their pay packets.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  14. I am very acutely aware of the cost of doing business. That is why we have brought forward a forum, it is why we are going to take action in this regard and it is why we have taken a suite of measures across budget 2026. We know what is happening in the Irish economy; 2.82 million people are employed in our country. That is a record. We know that the average wage is €1,000 per week. That is a record; it is up 45% since 2015. We know that all 13 sectors of the economy that are measured in the CSO data are growing. That is a record right now in this country. Our tax revenue coming in to resolve the infrastructural deficits we have is at a record level.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  15. Critically, we reduced a host of conditions for sustainability grants like the energy-efficiency scheme, which gives €10,000, or 75% of the cost, to small businesses like local shops and butchers. Such small businesses on the high street are so important to the fabric of rural life. We will keep doing that and keep working to ensure we do our best to reduce those key costs for businesses.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  16. I focus on evidence. I refer, for example, to the measures that were taken in budget 2026, such as the reduction in the VAT rate for the hospitality sector. We are giving the sector 4.5% on its margin to assist with its costs and we are saying that we need 7% growth right across the tourism sector under our strategy, A New Era for Irish Tourism. We have also reduced energy costs with the 9% VAT rate on gas and electricity. We have increased the loan limit available from Microfinance Ireland to €50,000 for low-cost loans into the sector and will be coming forward with a working capital programme to succeed the growth and stability loan of €500 million, which was utilised late last year. We also increased the innovation voucher to €10,000.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  17. The last thematic meeting will be on banking, payments and financial services and will take place on 25 March. The last meeting of the forum will focus on members' feedback in relation to the final report to the Government and is scheduled for the first half of 2026. The focus of the action plan on competitiveness and productivity is on the key actions that can be taken to strengthen Ireland’s competitiveness and productivity which in turn will lead to improvements in our economic performance. The action plan was published on 10 September 2025 and contains 85 actions across six themes, including the third theme, which focuses on creating and scaling more SMEs.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  18. The first meeting of the advisory forum took place in June. Numerous organisations representing Ireland’s enterprise sector, including SMEs, were joined by officials from a variety of State agencies and Government Departments. The second meeting, which was the forum’s first thematic meeting, took place in July and focused on energy costs and security of supply. Other thematic meetings included a meeting on insurance costs in August, a meeting on regulation and planning in September, November’s meeting focused on water services, the meeting in January of this year focused on legal costs, and a meeting on tax reporting and compliance took place yesterday. The forum has met regularly over the past eight months, with each meeting devoted to a distinct thematic area of concern for businesses. There are two outstanding meetings.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  19. I thank Deputy Conway-Walsh for her important question. The Government recently established the Cost of Business Advisory Forum and published the action plan on competitiveness and productivity, both of which are commitments in Programme for Government: Securing Ireland’s Future. The establishment of the Cost of Business Advisory Forum delivers on the commitment regarding supports for small businesses, enterprise and industries. The forum is a tripartite collaboration bringing together various representative bodies spanning multiple sectors as well as SMEs. The purpose is to jointly consider those issues that can lead to higher costs for businesses in Ireland, any associated regulatory or infrastructural issues that merit a changed approach, and steps that could be taken to mitigate these issues.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  20. The data I am quoting relates to quarter 3 of 2025, so this is the up-to-date data regarding new high-quality jobs going to the west. The figure is 2,700. There are 3,900 new jobs in the midlands while the figure in the south west grew by about 4.7%, so all sectors are growing, all component parts that make up our economy are growing and our wages are growing. Critically, the key point in the CSO annual return in December was that this is the first time that we have seen real wage growth in our economy and that the growth in wages outpaced the rate of inflation, which means people have more purchasing power. The data is very clear for everyone to see. We want to continue on the basis of budget 2026 to bring more high-quality jobs to rural areas. Our IDA strategy is very focused on that with 55% going to the regions.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  21. The policies in budget 2026, particularly our research, development and innovation tax credit, will deliver high-quality, high-paid jobs and that is what this Government is committed to doing.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  22. I would point out that the gold standard for us as politicians and our citizens is the CSO. It has pointed out that all 13 sectors of the economy are growing equally and that the gross average industrial wage is over €1,000 per week, which is a 45% increase since 2015. We have seen 2,700 new jobs in the west over the past year, which means 2,700 families have an additional income this year compared to last year. It also means that we are working to ensure we have very strong clients based on budget 2026. Look at Hollister in the Deputy's own area. Look at AbbeVie, Coca-Cola, Fanta and Baxter. These are huge multinational clients providing high-value jobs in the west.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  23. In respect of the high paid jobs being centred on major urban areas, it is important to stress this Government’s commitment to balanced regional development. Over the past number of years, we have seen strong regional development with intensive employment growth post-pandemic. Since the pandemic, numbers at work have increased by close to one fifth - 440,000 persons. In fact, budget 2026 highlighted in particular the spread of employment growth with job gains in every region in marked contrast to previous employment expansions. For example, between 2013 and 2019, growth was disproportionately driven by Dublin.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  24. My Department is continually monitoring labour market conditions and several of our recent initiatives will be central to supporting the broader economy not least our ambitious investment plans and the action plan on competitiveness and productivity I published last year. The Government remains fully committed to improving our competitive position and adding more jobs in the future and the action plan has a range of measures to build a more resilient economy. Another important initiative on the labour market front will be the successor strategy to Pathways to Work 2021-2025, which is overseen by the Department of Social Protection. That Department has recently concluded a public consultation on this as the Government looks to develop a new successor strategy.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  25. The programme for Government sets out a strong enterprise and fiscal framework that prioritises economic and employment growth. Last year, the Irish labour market saw sustained employment growth and rising participation with a record number of persons at work at 2.8 million people so our policies are working and our economy is resilient. The latest data to hand shows that our labour market was better than many had expected in the latter part of 2025 with the monthly unemployment rate revised down to 4.7% in December. Other data, such as CSO information on employee payrolls, also shows positive momentum at the end of 2025 with employee numbers up 2%. However, I do expect that activity levels will moderate through this year in part due to international conditions but also given that the labour market is close to full employment.

    SITTING OF 2026-02-19 · READ THE OFFICIAL REPORT

  26. I thank the Deputies for the passage of the Bill and the discussions on Committee Stage, which I took and which were robust. The Bill aims to further support workers in the event of employer insolvency, which is an important aspect, and to expand the insolvency payment scheme to include employees of employers who cease trading without formally winding up the business, which is the critical point. The technical nature of the Bill really just achieves that. My officials have been working hard to ensure workers who need to avail of these expanded protections can navigate the new processes with support and guidance. The Bill is a positive step for workers and will ensure the State can protect the most vulnerable. I thank Deputies for their engagement and look forward to taking the Bill through the Seanad.

    SITTING OF 2026-02-18 · READ THE OFFICIAL REPORT

  27. However, this support and promotion must be measured as well as balanced, taking into the account the needs of both employees and employers to ensure a competitive business environment, alongside strong and forceful protections for all of our employers.

    SITTING OF 2026-02-18 · READ THE OFFICIAL REPORT

  28. In addition to remote working, workers can also explore other forms of flexible working, such as part-time working and flexible working arrangements for parents and carers, to improve their work-life balance or to enable them to enter the workforce. A code of practice and access to part-time working was recently approved by the Minister of State and placed on statute. The Work Life Balance and Miscellaneous Provisions Act also provides the right to request a flexible working to parents and carers. The Minister, Deputy Foley, will undertake a statutory review of the flexible working provisions of this Act later this year. We will continue to support and promote remote working and flexible working right across Government.

    SITTING OF 2026-02-18 · READ THE OFFICIAL REPORT

  29. We are continuously working towards the objective through a number of cross-government streams. As mentioned by the Minister of State earlier, the Government continues the national rollout of high-speed fibre broadband to enable remote working across Ireland, as well as the provision of funding for connected hubs and tax relief for remote working expenses. This year, we also expect to receive the findings of NESC's research into the evolution and important impact of remote and hybrid working in Ireland. Along with the working in Ireland survey, this will inform evidence-based policymaking in the area of remote working in the coming years.

    SITTING OF 2026-02-18 · READ THE OFFICIAL REPORT

  30. CSO data shows that almost 1 million people now work from home at least some of the time, with over half a million people working remotely more than half of the week. These trends demonstrate that remote working is succeeding under the existing framework. I reiterate that the Government is currently finalising a statutory review of the review of the remote working provisions of the work-life balance Act. We must not pre-empt the outcome of the review process. Introducing legislative amendments at this point would be hasty and short-sighted. For these reasons, the Government must oppose the Bill. Our objective remains clear: to support flexible working arrangements that work for employees and employers while safeguarding the operational needs of employers to run competitive, productive and viable businesses.

    SITTING OF 2026-02-18 · READ THE OFFICIAL REPORT

  31. It is a position of the Government that the proposal could have negative impact on employee-employer relations, business viability, competitiveness and productivity, particularly for small and medium sized enterprises which operate on very tight profit margins. It is the objective of the Government to foster a competitive business environment, alongside strong employee protections, to ensure Ireland continues to develop into a great place to work and live. We do not believe this proposal would contribute to that goal. It is also important to emphasise the legislation underpinning remote work has been in operation for less than two years. Despite this short period, remote working has become deeply embedded.

    SITTING OF 2026-02-18 · READ THE OFFICIAL REPORT

  32. In contrast, the current legislative framework strikes the right balance by ensuring that employees can access meaningful entitlements while employers retain the prerogative necessary to organise their operations effectively to improve productivity, competitiveness and secure operational viability. The Bill seeks to seriously, and in the Government's view, adversely alter this framework by creating an entitlement to remote work, unless deemed not reasonably practical by the Government through legislation or by the WRC adjudication officers who, as appropriate to their role, have little or no detailed knowledge of business operations. Essentially, the Bill would place the ultimate decision-making power in the hands of a third party without direct knowledge of the business's day-to-day requirements.

    SITTING OF 2026-02-18 · READ THE OFFICIAL REPORT

  33. This service requirement allows time for the employee and employer to build up an effective working relationship before commencing remote working arrangements. The Bill proposes to delete section 20(2) of the Act, thereby removing any service requirement. Especially in the light of what is effectively the full right to remote work also proposed in the Bill, this risks undermining the trust-based nature of arrangements between workers and employers, which can and are facilitating pragmatic and flexible remote working arrangements that work for both parties.

    SITTING OF 2026-02-18 · READ THE OFFICIAL REPORT

  34. In addition to the legislative right, employees and employers are supported and encouraged to utilise this right and comply with the legislation through a code of practice on remote working in addition to the code of practice on the right to disconnect. Through the work-life balance Act 2023, every employee in the State has a right to request remote working. No sector or occupation is excluded. Ireland has taken a leading role in establishing a clear and workable procedure governing these requests. There is a day one right to request remote working, which means that a worker can request this right on the very first day of their employment. If approved, the remote working arrangement can commence after the completion of six months continuous service on the part of the employee.

    SITTING OF 2026-02-18 · READ THE OFFICIAL REPORT

  35. I thank all Deputies for bringing forward this Bill and for their contributions. As outlined by the Minister of State, Deputy Dillon, the Government opposes the Bill. The position is grounded in balance to support flexibility for workers and competitiveness for business. Remote working is now well-established and is a feature of our modern labour market, improving work-life balance and shaping how we are as a people and live and work. The Government recognises its value and has already put in place one of the earliest legislative frameworks in the EU to support this. Our framework is comprehensive.

    SITTING OF 2026-02-18 · READ THE OFFICIAL REPORT

  36. As was discussed in the Dáil, no referrals were made to the controller under section 205(5) of the Copyright Act since it was enacted back in 2000 until a dispute arose between a performer and the producer representative organisations which gave rise to the court case that was referred to the European Court of Justice, to which this Bill is an attempt to respond. The Minister of State, Deputy Smyth, will deal with subsequent Stages of this Bill in the House. In response to Senator Black, I assure her that our officials are at her service and are available to help her and any other Members of the House with any aspects of the Bill.

    SITTING OF 2026-02-17 · READ THE OFFICIAL REPORT

  37. The courts possess the requisite legal infrastructure, procedural safeguards and jurisprudential depth to adjudicate on such disputes. They operate well within an established framework of case law and have a long-standing tradition of applying equitable remedies, ensuring consistency, transparency and legal robustness. This reassignment strengthens the legal integrity of the adjudication process, aligns with constitutional principles of fairness and due process and ensures that complex disputes are resolved by a body with an appropriate legal mandate and expertise. It reflects the considered and proportionate response in what is a rarely occurring type of dispute.

    SITTING OF 2026-02-17 · READ THE OFFICIAL REPORT

  38. Following legal advice, including from the Office of the Attorney General, the Department determined that the reassignment of adjudicative functions under section 208 of the Act from the Controller of Intellectual Property to the court is both appropriate and legally necessary. Disputes arising under section 208 could potentially extend beyond the technical domain of intellectual property law and require the application of equitable principles including fairness, proportionality and the assessment of relative contributions, matters that are currently judicial in their very nature. The controller's statutory role is primarily administrative and technical. It does not encompass the interpretive discretion or legal authority required to adjudicate on issues of equity. These matters fall outside the controller's institutional expertise.

    SITTING OF 2026-02-17 · READ THE OFFICIAL REPORT

  39. On the points raised by Senator Black and Senator Higgins in relation to the functions from the Circuit Court, this point was discussed at length in Dáil Éireann, including a detailed discussion on Committee, Report and Final Stages on the amendments tabled to the Bill. As I have mentioned, the Bill will ensure that for the first time the 50:50 share between producers and performers is enshrined in law. While it is up to the parties, including their representative collective management organisations, to come to an agreement, we expect that in the vast majority of cases the 50:50 split will apply. Cases requiring an application to the Circuit Court should therefore only arise in extremely exceptional circumstances. I want to reiterate the points made earlier and the rationale for this change.

    SITTING OF 2026-02-17 · READ THE OFFICIAL REPORT

  40. Ireland was concerned about this issue and we understand that it is affecting Irish artists as well. However, neither Ireland nor any other EU member state can legislate on a unilateral basis as a result of the decision by the CJEU. The European Commission is actively considering the possible solutions on this issue. I understand that a legislative proposal is being prepared to seek to resolve this issue and we hope it will be published by early 2027. In relation to the dispute that was raised by Senator Conor Murphy, I do not want to comment on issues that are before the courts, but just to say that the committee waived pre-legislative scrutiny and I have no control over that. The members of the committee took that decision themselves.

    SITTING OF 2026-02-17 · READ THE OFFICIAL REPORT

  41. This means that EU member states must ensure that a single equitable remuneration is paid to performers that are party to the WIPO treaty and they may not limit this to nationals of EU or the European Economic Area, as well as the case in Ireland's copyright legislation. However the court also ruled that EU member states do not have the authority to reciprocate reservations made by third countries. This right may also be exercised at EU level and not by individual member states. This is because it is an area of harmonised EU law according to the EU treaties and the EU has an external competence. As a result of part of the ruling, in many member states royalties have now been shared with third-country performers where they were not previously. In some cases, this has reduced royalty payments to EU artists.

    SITTING OF 2026-02-17 · READ THE OFFICIAL REPORT

  42. As was required, they notified the WIPO that they were entering into a reservation. The other contracting states could respond to this reservation with reciprocal treatment. This is the case notably in the United States. The US has entered a reservation on payment of equitable remuneration to performers for certain types of broadcasting and communication to the public, notably radio. Other countries, including some in the EU, responded to the reservation by treating US performers in the same way as their nationals and other EU rules. As mentioned earlier, the Court of Justice of the European Union found that EU Directive 2006/115 has to be interpreted in light of the Rome Convention and the WPPT.

    SITTING OF 2026-02-17 · READ THE OFFICIAL REPORT

  43. I thank the Senators for their remarks, details and concerns on the Bill and also those who have welcomed the Bill. Senator Crowe raised the issue of third countries. One of the findings of the Court of Justice of the European Union in its ruling in the case which gives rise to this Bill is the issue of national treatment, of nationals of countries party to international conventions and the ability of the EU member states to reciprocate when reservations are entered into by a third country. Allow me to explain. Countries that are party to the international copyright conventions agree to treat nationals of countries that are also party to the agreements in the same way as their own standards and nationals. Some countries chose not to apply all or parts of the WIPO performance.

    SITTING OF 2026-02-17 · READ THE OFFICIAL REPORT

  44. It is essential that we enact this Bill to ensure that the State is fully compliant with the 2006 EU copyright directive as found by the Court of Justice of the European Union judgment of September 2020. A robust and well-functioning legal framework supporting copyright and intellectual property more broadly is essential for the economic well-being of the creative sector, which employs approximately 80,000 people in this country and contributes enormous value in terms of creativity and innovation. I commend the Bill to the House and look forward to engaging with the Senators on this matter.

    SITTING OF 2026-02-17 · READ THE OFFICIAL REPORT

  45. Section 4 provides for an amendment to the definition of “qualifying country” contained in section 287 of the Act to include performers who are residents of countries that are contracting parties to the WIPO Performances and Phonograms Treaty and the Rome Convention. This brings Irish law in line with our international obligations. Section 5 of the Bill provides for preliminary and general provisions setting out the Short Title of the Bill and how the Bill is commenced. This will be done by an order of the Minister. It is intended that sections 2 and 4 will commence shortly after the Bill is enacted, and a slightly later commencement date will apply for section 3.

    SITTING OF 2026-02-17 · READ THE OFFICIAL REPORT

  46. Section 3(4) provides that any existing agreements made under the current section 208(4) remain valid. During the Bill's passage through Dáil Eireann, a lot of attention was addressed to the fact that the Bill removes the function of final arbitration in disputes from the Controller of Intellectual Property and transfers this function to the Circuit Court. This is viewed by some as disadvantaging performers. Let me be clear. The Bill, in providing a clear 50:50 default sharing of payments between performers and producers, will make it highly unlikely that disputes as to the sharing of equitable remuneration will occur precisely because the 50:50 default is enshrined in the law. Cases requiring an application to the Circuit Court should therefore only arise in exceptional circumstances.

    SITTING OF 2026-02-17 · READ THE OFFICIAL REPORT

  47. On Report Stage in the Dáil, a further amendment to section 2 was passed. This amendment provided for the insertion of three further subsections, namely, subsections (3F), (3G) and 3(H). These subsections ensure that where an adjudication has been made by the Circuit Court, either party may apply to the court for a further determination if circumstances have changed, provided at least one year has passed since the original ruling. Section 3(1) inserts a new section, which allows that any applications made under the existing section 208, and which have not been fully determined, will be transferred to the Circuit Court. Sections 3(2) to 3(4), inclusive, provide for the appeal process on points of law, from the Circuit Court to the High Court, and from the High Court to the Court of Appeal.

    SITTING OF 2026-02-17 · READ THE OFFICIAL REPORT

  48. These new sections are as follows. Section 208(3A) provides for a default split of equal parts of payments between producers and performers less reasonable collecting costs. This default 50:50 split is similarly provided for in two thirds of EU member states. Section 208(3B) provides that the proportion of single equitable remuneration payable to the performer and the owner of a sound recording may be agreed by or on behalf of the parties concerned, similarly to the current section 208(4). The new section 208(3C) provides that in instances where parties cannot reach agreement, and where at least one party objects to the default 50:50 arrangement, that party - either performer, copyright owner or both - may bring the matter before the Circuit Court to obtain a determination on the manner of the division of the single equitable payment.

    SITTING OF 2026-02-17 · READ THE OFFICIAL REPORT

  49. The Bill sets out a new process for the agreement of division of royalties between music performers and producers, extends application to nationals outside the EEA that are party to international copyright treaties and grants the function of final arbitration of disputes to the Circuit Court. I will now briefly set out the Bill section by section. The Bill contains five sections. Section 1 defines the Copyright and Related Rights Act 2000 as the principal Act amended by this Bill. Section 2 amends section 208 of the copyright Act. This relates to the matter of equitable remuneration as provided for by Directive 2006/115/EC, the rental and lending directive. It provides for the deletion of the existing subsections 208(4) to 208(9) and the insertion of five new subsections, subsections (3A) to (3E), inclusive.

    SITTING OF 2026-02-17 · READ THE OFFICIAL REPORT

  50. The ruling found that Ireland had not adequately transposed a 2006 EU copyright directive, the rental and lending directive, in relation to the sharing of royalty payments between producers and performers of recorded music and was not fully compliant with international copyright conventions, the World Intellectual Property Organization Performances and Phonograms Treaty, WTTP, and the Rome Convention. The State had not provided clear obligations for producers to share royalties and performers and we had not ensured that equal treatment is provided to nationals outside the European Economic Area that are party to international copyright conventions. The Bill will restore Irish legislation, the copyright Act, in this regard to full compliance with EU international law.

    SITTING OF 2026-02-17 · READ THE OFFICIAL REPORT