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For Written Answer on : 14/11/2023
Question Number(s): 163,164,165 Question Reference(s): 49445/23, 49449/23, 49451/23
Department: Enterprise, Trade and Employment
Asked by: David Stanton T.D.
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QUESTION
* To ask the Minister for Enterprise; Trade and Employment to outline his plans, if any, for the establishment of an oversight committee to support the work of a referendum on the Unified Patent Court; the membership of this committee; and if he will make a statement on the matter.
– David Stanton T.D.
For WRITTEN answer on Tuesday, 14 November, 2023.
* To ask the Minister for Enterprise; Trade and Employment his views on the establishment of an Irish local division of the Unified Patent Court; the work carried out to date in this regard; and if he will make a statement on the matter.
– David Stanton T.D.
For WRITTEN answer on Tuesday, 14 November, 2023.
* To ask the Minister for Enterprise; Trade and Employment if it is intended to allow Irish judges to participate in the Unified Patent Court on a part-time basis; if so, what changes to legislation of the constitution would be required to enable this to happen; and if he will make a statement on the matter.
– David Stanton T.D.
For WRITTEN answer on Tuesday, 14 November, 2023.
REPLY
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.
