John Halligan (Waterford, Independent) | Oireachtas source

I thank Senator Warfield for his amendment. I have listened to the rationale behind it. I wish to ensure that the issue of capturing the web is not confused with a digital deposit system, particularly as they are two distinct matters. As recommended by the copyright review committee, the Bill broadens the existing copyright deposit system to enable the copyright deposit institutions to accept published material in electronic format as well as, or instead of, physical copies. This will allow copyright deposit institutions to collect non-print works in order to produce a shared archive of digital works, and facilitate the development of Ireland's national printed archive. It will also allow for works no longer published in hardcopy format to be deposited and ensure the continued archiving of important documents, including many Government reports and documents which are no longer published in hardcopy as a matter of course.

On the Senator Warfield's amendment, regarding the inclusion of a section to permit the deposit institution, board or authority to capture the web. This amendment essentially provides for a full digital deposit system that would facilitate recording and archiving and would make available websites with Irish domain names that are not currently archived, as long as the website is not paywall or password protected. I understand that the Minister of State, Deputy English, provided a response in respect of this issue on Second Stage, but I am happy to elaborate further and clarify the position. Providing for a full digital deposit system that would facilitate capturing the web is not simply a matter of changing copyright legislation. It is a significant national project that requires multi-institutional collaboration, significant resources and Skillsnet for capturing and preserving Ireland's digital record, according to my advice. I reiterate that this is a matter for the Minister for Culture, Heritage and the Gaeltacht, who has responsibility for policy in this area. My Department and the Department of Culture, Heritage and the Gaeltacht have actively worked together on that matter for some time and we will continue to do so until the robust regulatory framework is developed. We will facilitate the necessary corresponding legislation amendments in due course.

This work, however, is not yet sufficiently progressed for any technical amendments to copyright law. As that is the final aspect of the project, now that all the necessary due diligence has been done, Government mechanisms have been established and funding has been agreed with the Minister for Public Expenditure and Reform, it is not possible for amendments to copyright law to be progressed in isolation from Government approval for the project as a whole. An initial amendment was tabled on Committee Stage in Dáil Éireann by a number of Deputies, including Deputy Quinlivan from the Senator's party, and it gave rise to a good debate. Consequently, a new section 106 was inserted in the Bill on Report Stage. This new section stipulates that a report be published within 12 months of the Bill being enacted. This was accepted by all parties and was viewed as a pragmatic way to advance the project while allowing time for the necessary work to take place in the Department of Culture, Heritage and the Gaeltacht, in co-operation with my Department and the Department of Public Expenditure and Reform. The House can rest assured that both Departments are actively engaged in advancing the proposal, and the report will be prepared within 12 months, as specified in the Bill.

I see the merits in the proposal and I agree that we need to be mindful of preserving our national memory. It is important, however, that we do not put the cart before the horse and that we allow the requisite work be undertaken in order that the capturing of any information is done properly, with which I am sure everyone would agree, without undue burden on the public purse, while ensuring that there are mechanisms in place to properly protect and regulate personal information which people have put on the web. I ask the House to allow this process to take place with both Departments, and the report will be prepared within 12 months, as specified in the Bill and as I have insisted. Again, it is important that what we do we do correctly. We are engaging with the Minister for Culture, Heritage and the Gaeltacht, who is responsible for policy in that area. I urge the Senators to leave this as it is, as the Deputies have done. Of course, I invite the Senators, if they wish, to meet any representatives from my Department or the Department of Culture, Heritage and the Gaeltacht, and I would be delighted to facilitate such a meeting. I am advised that it is the responsibility of the Department of Culture, Heritage and the Gaeltacht, but we are working in collaboration to ensure everything is done precisely in order that whatever is done is done right.

I urge the Senator not to press this amendment. There is goodwill from both Departments to ensure any aspects the Senators might be worried about will be dealt with.