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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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