Denis Naughten (Roscommon-Galway, Independent) | Oireachtas source

As a consequence of the technical way in which the Bill is dealt with, I cannot speak later on my amendment. I take this opportunity to address it.

We have just had a debate on rare diseases. Last Thursday, we had the Second Stage debate on this Bill, which was very timely. The provisions before us have huge implications for the development of orphan drugs, not just in this country but across Europe and globally. It is hoped that having a unified patent system in Europe will ensure more investment goes into the development of orphan drugs and that we can thereafter get access to them. In the preceding debate, one of the issues raised was the possibility of reimbursement through the Department of Health for orphan drugs. If we do not move forward with this legislation and if the referendum is not passed, the cost of accessing those drugs will be much higher. I hope one of the impacts of the referendum, if it passes, is that it will make access to orphan drugs cheaper. I hope that will be one outcome of it.

The referendum and the decision by the people on it will have a profound impact on industrial innovation and the broader Irish economy. Participation in the Unified Patent Court represents a significant opportunity for innovation-led growth, enhanced intellectual property protection and broader economic prosperity in this country. The discussion last week underscored the potential benefits of the passage of this amendment by the people in a referendum in June. However, the debate also highlighted the challenges, such as the risks of poor communication, potential public confusion and the general lack of interest in the technicalities of the amendment. This may well become more prominent if either or both of the referendums taking place this Friday are not passed. Based on the opinion polls, there is a possibility that will happen. There is potential for a kick-back from the public because of the lack of proper engagement on those two questions. That may result in an even bigger struggle in getting this amendment passed in June, considering it is competing with the local elections, European elections, the election to appoint a mayor of Limerick and, potentially, a general election on the same day. Mention of a general election will surprise some Members of the House but there is a possibility it will happen.

When people go into the polling booth at the beginning of June and are handed the ballot paper asking them to say "Yes" or "No", many of them will wonder what the proposal is about. The presiding officer at the polling station will tell them to go over and look at the notice in the corner.

When they do so, they will see the ballot paper states they are being asked in the referendum whether Ireland may ratify the agreement on a unified patent court. Of the people who read the sentences, 99.9% will ask, "What in God's name is a unified patent court?" I ask that we flesh the wording out and at least explain to people the referendum is to facilitate the establishment of a streamlined patent system that makes it easier to protect inventions across the 24 participating EU countries. I do not believe that is biased in one way or the other.

It demeans the importance of the referendum if we restrict the advice given to the electorate at the polling booth to the existing simple sentence. I strongly urge the Government to take on board the amendment I have tabled because it does at least provide some simple information on what people are being asked to decide on. It is imperative over the coming weeks that we all make an effort to educate and inform the public about the significance of this referendum for various sectors of our economy. Last week, I mentioned the agri-tech sector and today I have referred to orphan drugs, access to orphan drugs, the cost of orphan drugs and the impact this referendum can have on the rare disease community. There could be a huge employment impact right across the economy. Therefore, I ask the Minister of State to think about the amendment I have tabled, which I encourage him to accept.

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