Written Answers. - Parliamentary Debates - Houses of the Oireachtas
Written Answers. - Parliamentary Debates - Houses of the Oireachtas
Written Answers. - Parliamentary Debates - Houses of the Oireachtas
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Questions— 14 February 2012. <strong>Written</strong> <strong>Answers</strong><br />
matter and could leave Ireland exposed to damages arising from legal actions based on noncompliance<br />
as well as proceedings by <strong>the</strong> European Commission.<br />
A public consultation was held by my Department last July in relation to <strong>the</strong> wording <strong>of</strong> a<br />
proposed Statutory Instrument amending Section 40 <strong>of</strong> <strong>the</strong> Copyright and Related Rights Act<br />
2000. More than 50 submissions were received from interested parties. I am most grateful to<br />
all who contributed to this consultation. It provided me with an excellent overview <strong>of</strong> all <strong>the</strong><br />
issues and concerns involved. I have also engaged extensively with stakeholders with a wide<br />
range <strong>of</strong> views in relation to any issues or concerns that have been raised in relation to <strong>the</strong><br />
matter.<br />
Under <strong>the</strong> proposed legislative measure, an order may be sought by copyright holders only<br />
in relation to <strong>the</strong>ir own works. Any order against an intermediary will be subject to a judicial<br />
process. This must involve due consideration <strong>of</strong> <strong>the</strong> rights <strong>of</strong> o<strong>the</strong>r persons likely to be affected,<br />
such as internet service providers and consumers. The Charter <strong>of</strong> Fundamental Rights <strong>of</strong> <strong>the</strong><br />
European Union, which has <strong>the</strong> same status as a Treaty when implementing EU law, must be<br />
considered. The Court <strong>of</strong> Justice <strong>of</strong> <strong>the</strong> European Union has held that this must be interpreted<br />
in a way which allows a fair balance to be struck between <strong>the</strong> various fundamental rights<br />
protected by <strong>the</strong> Community legal order and <strong>the</strong> principle <strong>of</strong> proportionality. These rights<br />
include <strong>the</strong> right to intellectual property, <strong>the</strong> important and fundamental human right <strong>of</strong> protection<br />
<strong>of</strong> private data, <strong>the</strong> equally important human right <strong>of</strong> freedom <strong>of</strong> expression and information<br />
and also <strong>the</strong> right to conduct a business. The amended text <strong>of</strong> <strong>the</strong> proposed Statutory<br />
Instrument was recently published by my Department and it should also be noted that this<br />
matter was <strong>the</strong> subject <strong>of</strong> a Dail debate on 31st January 2012.<br />
Departmental Staff<br />
286. Deputy Patrick Nulty asked <strong>the</strong> Minister for Jobs, Enterprise and Innovation <strong>the</strong><br />
number <strong>of</strong> labour inspectors employed by him and <strong>the</strong> National Employment Rights Authority;<br />
and if he will make a statement on <strong>the</strong> matter. [7602/12]<br />
Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): NERA currently has<br />
in place a complement <strong>of</strong> sixty-one inspectors. Five <strong>of</strong> <strong>the</strong>se inspectors are assigned o<strong>the</strong>r duties<br />
in addition to inspection duties.<br />
In 2011, <strong>the</strong> Inspection Service completed almost six thousand cases and recovered almost<br />
two million euro in unpaid wages for employees.<br />
Jobs Initiative<br />
287. Deputy Finian McGrath asked <strong>the</strong> Minister for Jobs, Enterprise and Innovation if he<br />
will support a matter (details supplied). [7688/12]<br />
Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): The Action Plan for<br />
Jobs, which I launched yesterday, outlines <strong>the</strong> Government’s plan to rebuild <strong>the</strong> economy and<br />
create jobs. The plan will improve access to finance for small businesses, reduce costs and red<br />
tape, and improve supports for exports, management and innovation. There are a number <strong>of</strong><br />
actions contained in <strong>the</strong> plan specifically directed at indigenous industry, including construction.<br />
Without doubt, <strong>the</strong> construction sector in Ireland has witnessed a dramatic decline in recent<br />
years. However, under <strong>the</strong> Plan, <strong>the</strong>re are opportunities for <strong>the</strong> sector both domestically and<br />
in overseas markets. For example, Government investment in infrastructure under <strong>the</strong> Capital<br />
Programme will directly support in <strong>the</strong> region <strong>of</strong> 30,000 jobs in construction in <strong>the</strong> period to<br />
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