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Departmental Consultations

Dáil Éireann Debate, Thursday - 23 November 2023

Thursday, 23 November 2023

Questions (199)

Denis Naughten

Question:

199. Deputy Denis Naughten asked the Minister for Enterprise, Trade and Employment his plans for the establishment of a consultative group of key external stakeholders to support the work of a referendum on the Unified Patent Court; the membership of this committee; the timeline for such a referendum; and if he will make a statement on the matter. [51711/23]

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Written answers

In June 2022, the Government reaffirmed its intention to participate in the Unitary Patent System and the Unified Patent Court (UPC) and to hold a related referendum.

An amendment to the Constitution is required before Ireland can ratify the Agreement on the UPC (UPCA), as the Agreement entails a transfer of jurisdiction from the Irish courts to an international court. The timing of the Referendum is a matter for Government to decide and I anticipate a decision will arise in the coming months.

My Department’s officials are currently advancing referendum preparations. The work underway includes the drafting of a Constitutional Amendment Bill with assistance from the Office of Parliamentary Counsel. The establishment of a consultative group of key external stakeholders to support the work of a referendum is not considered advisable therefore my Department will not be establishing such a group. An Interdepartmental Group was convened in September to assist in advancing potential post-referendum preparations. The Government proposes to establish a local division of the UPC subject to the outcome of a Constitutional Referendum.

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