Damien English (Meath West, Fine Gael) | Oireachtas source

I appreciate the opportunity to speak on this motion. I thank Senator Higgins and her colleagues for tabling the motion on the TRIPS waiver. I know it is something the Senator has genuinely worked on for a long period. I recognise that and it is well recognised around the House that her work on this matter is genuine. We can see from the support shown by her colleagues right across the House for her motion that there is an understanding of that.

The Government and I recognise that the motion goes a long way to achieving the balance and get full support. I will table a motion that sets out the Government's position because the Senator's motion is not fully consistent with the Government's position at this time. The Tánaiste and Minister for Enterprise, Trade and Employment, Deputy Varadkar, discussed this matter here last week. He set out that we have a very open mind when it comes to parts of the TRIPS proposal that the Senator put forward. There are no written proposals yet in a formal response. Very often, when one attends the WTO talks, there is a written text and that is what is negotiated. We are prepared to view that as and when it is put forward as a written formal proposal but it is not at that stage yet. The Tánaiste outlined that position earlier in the week as well.

In a debate here last week, the Tánaiste clearly did say that the Government is a very strong supporter of vaccine equity in the world when he stated, “Morally we need to make sure the world is vaccinated.” We all agree with the principles though differ on how to achieve that, and have different views and timings for that. Everybody in this House, without a doubt, comes at this from the same moral background and while all want to see the same result, there are different ways to get there and achieve that. It is important that everyone here expressed their views tonight and support the general principles behind the motion. Senator Joe O'Reilly expressed the view that we all agree with this and come from the same position but, again, the issue is how to achieve this and get the balance right. That is the view that the Government has to take. The whole of the Government must work through this, as we have been doing, through our European colleagues at the WTO talks because we are part of a European discussion group and representative body when it comes to that.

I want to be clear that Ireland will continue to do all we can to help make sure countries worldwide have access to Covid vaccines for their people. We, as a country and a Government, strongly believe that and I think that everyone has expressed that clear view here tonight. I will convey that to Government colleagues and will share it with the Cabinet, which will inform the ongoing discussions in this area and the ongoing discussions at European and WTO levels. I will make sure without a doubt that the views of this House are well reflected in my report back to Government after this debate.

We will do so as universal and equitable access to vaccines is crucial in the global fight against Covid-19 and Governments in the developed world must continue do more to ensure this. We are very clear on that. We have been very clear in our public commentary on that and Senator Higgins will know that as well. We will continue to work with those countries that have not yet built up the capability or infrastructure needed to roll out a vaccine programme. We will do so through our aid programmes and help with the likes of refrigeration, distribution and administration because all of these are needed to help with the roll-out of a successful vaccine programme. Access to the vaccines and having them, regardless where they are manufactured, is one issue and, again, there are different ways to achieve that. The roll-out of vaccines, the associated administration and reaching the people who need vaccines is another very complicated area. We all know that we have to continue to work on all of these aspects as well.

The motion we are discussing is not a magic pen. I am sure that Senator Higgins and her team understand that too. She genuinely believes that her motion is part of the solution and I recognise that but in itself, her motion will not solve the problem. The Irish Government is involved in many of the aspects, and rightly so, because we have a very complicated aim to make sure that the vaccines are accessible to everybody no matter where they live, what their address is or in what part of the continent they are in. We will do these things because it is the right thing to do. We will do this work alongside our international partners such as the Coalition for Epidemic Preparedness Innovations, CEPI, Gavi, and the World Health Organization.

In addressing this specific motion, it is important to point out that TRIPS is an international legal agreement between all the member nations of the World Trade Organization. Therefore, any proposal for a potential variation or waiver of the current IP protections under the TRIPS Agreement is for negotiation at the WTO, where Ireland is one of 164 members. I have attended these events and they are extremely complicated. The debate is very often around the wording and written text. A lot of work and negotiations is done well in advance of these sessions, and on a continuous basis, as well as on formal occasions. That being said, Ireland will engage with the European Commission and other member states on the EU position for the WTO discussions on how the flexibilities within the TRIPS Agreement can contribute towards increasing the manufacturing capacity and the equitable access to vaccines around the world.

The EU continues to be committed to an open and comprehensive dialogue with all of the WTO members to explore how the multilateral rules-based trading system can best support universal and equitable access to Covid-19 vaccines and treatments. This is why the EU proposed an alternative to the TRIPS waiver proposal. This proposal is targeted and pragmatic. It aims at ensuring that Governments can resort to compulsory licences, including to export to countries with no or limited manufacturing capacities in the most cost-effective manner, and the most effective and timely manner, that is adapted to the circumstances of a pandemic.

The EU will consider any other pragmatic proposal for a TRIPS waiver, should a further proposal be submitted. The EU has stressed that contacts between key delegations appear to be the only means, and the best means, of advancing discussion at this point. It is important to note that the EU has been genuinely flexible in seeking to find a solution to make it easier for governments to allow third parties to manufacture Covid-19 pharmaceutical products. By extension, we have an open mind in Ireland on the alternative suggestion of a TRIPS waiver, which the Tánaiste referenced here on 7 December. I suggest Senators read the transcript in addition to listening to what I have to say tonight. Again, the Tánaiste clearly said, and the Government is clearly saying, if we receive a WTO proposal in writing then we will look at it and that has not happened yet. The Tánaiste, in this space, has met the United States Trade Representative, Ms Katherine Tai, and said we would happily look at a proposal if one lands and, to be clear, it has not yet.

The EU position has repeatedly made clear that it sees intellectual property as part of the solution to the pandemic and not the problem. Consideration of this matter must balance the need to encourage and continue to incentivise industry, as well as governments, to carry out research, innovate and develop new medicines, and medicinal products, during this public health crisis, and any other public health crisis. I totally and absolutely accept the point that Senator Higgins and many others Senators put forward earlier that the work on Covid has been endorsed and supported through the public purse of many countries.

Intellectual property protections are a crucial incentive for the ongoing and continuous research and development of new vaccines, modified vaccines adapted to new variants, and new medicines and treatments for Covid-19, as well as investment in production capacity. The public purse supports these endeavours and there is also a lot of private money. We continue to encourage that innovation and drive to always find new vaccines, new medicines and new supports for Covid-19, and for many others that will come at us as well. However, we want to strike the right balance and I know that Senators will understand that it is important for us to get this right.

Intellectual property continues to play an important role as an enabler that contributes to our overall objective of ramping up production of Covid vaccines and medicines. It is clear that in a global emergency, like this pandemic, if voluntary licensing fails then compulsory licensing is a legitimate tool to scale up production and that we are ready to facilitate this.

Experts agree that the current Covid vaccines were produced in record time as industry was able to piggyback on years of investment, of previous investment and previous innovation, in other vaccines production which had been incentivised, in part, by a supportive IP regime. We must view this issue in the whole and not just as one issue. We must view this as part of the overall IP regime that we are part of. Again, I recognise that in this case there was a massive contribution of public moneys from all over the world and Ireland was a part of that.

Any solution must balance industry's research and innovation costs, and the importance of maintaining a workable IP regime well into the future, with the importance of ensuring fair, equitable access to medicines and medicinal products during this public health crisis. The EU has been a leading exporter of vaccines. Out of a total of 2 billion doses produced since December 2020, the EU has exported over 1.4 billion doses to 150 countries.The EU has also mobilised €46 billion in support of partner countries internationally and has committed €3.2 billion in international support to the COVAX programme. The EU’s target is to donate 700 million doses by mid-2022. It is also investing €1 billion to ramp up mRNA production capacity in Africa. Ireland will engage with the European Commission and other member states on the EU position for the WTO discussions.

As outlined by the Government yesterday, Ireland will donate an additional 3 million Covid-19 vaccines this year. This is in addition to Government’s previous commitment to donate 2 million vaccines to low-income countries as part of the COVAX programme. There is no issue with the end-of-use date on our vaccines, to be very clear. That is not something this Government has been part of. The donated vaccines have already been delivered to countries including Uganda, Nigeria and Indonesia. The first 500,000 Irish doses donated through COVAX reached Nigeria on 29 November; 112,800 vaccines arrived in Indonesia on 11 December; and a bilateral donation of over 335,000 vaccine doses was made to Uganda in September. A further consignment of 122,400 vaccines to Indonesia and 276,000 vaccines to Ghana are expected in the coming days.

Ireland has awarded €7 million to COVAX to facilitate the procurement of vaccines by low and middle income countries. This translates roughly to a further 1.2 million doses of vaccine donated by Ireland to low and middle income countries, and rightly so. This reflects who we are and our values as a nation, which have been clearly and passionately put forward by all speakers this evening.

I hope Senators will accept our credentials as a Government and that we are doing all we can to help ensure countries worldwide have better access to Covid vaccines for their people. We will continue to do so, reflecting the values the Irish people hold.

I look forward to hearing the remaining speakers on the motion. I recognise the effort to which Senators went to have a motion that could be supported without amendment. While I have tabled an amendment, I will not press it. It is not something on which we want to divide the House. However, it was important to set out and explain the Government's position as we approach this. I recognise that when it comes to the principles of what we want to achieve, we are all at one. All of is in both these Houses reflect the nation's values when it comes to this approach.