I propose to take Questions Nos. 163, 164 and 165 together.
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. 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. An Interdepartmental Group was convened in September to assist in advancing preparations.
The Government proposes to establish a local division of the UPC subject to the outcome of a Constitutional Referendum. If Ireland completes its ratification of the UPCA, appropriately qualified Irish applicants will be eligible to apply to the UPC to be considered for appointment as judges of the court by its Administrative Committee.