Malcolm Byrne (Fianna Fail)
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I thank the Minister of State, Deputy Richmond, for coming to the House to discuss the unified patent system and Unified Patent Court. While I appreciate that this issue may not necessarily knock other issues off the front pages, for those involved in developing patents and intellectual property creation, ensuring that those rights can be protected and vindicated right across the European Union is critical. We should make that process as streamlined and easy as possible.

As the Minister of State will be aware, Ireland signed up to the unified patent system and as a creative, entrepreneurial country, it is critical that we are part of it. The system has now commenced and 17 of the 27 EU member states are taking part in it. Ireland has indicated its clear intention to do so but, as the Minister of State will be aware, a referendum is required because of the establishment of the Unified Patent Court.

I have been raising the importance of Ireland joining the system for over three years. I understand the Minister, Deputy Coveney, is going to Cabinet today. I ask the Minister of State to indicate whether the referendum will take place in June along with the local and European elections. It is critical that it take place on that date. If we have a stand-alone referendum, it will be difficult to get sufficient enthusiasm around this issue, so holding it on that date is crucial.

It is essential that we start a campaign at an early date to explain exactly what is involved. One of the concerns we often have in Ireland is that referendums end up being about topics that are nothing to do with what is on the ballot paper. For Irish industry and, in particular, people who are developing new ideas or creations, it is important to ensure that patents are protected and recognised and the system is streamlined throughout Europe.

It is essential that there is a Government campaign to explain what is involved and that we also make sure the debate is not diluted in the context of a European election when all sorts of issues are likely to be raised. It is also essential to build a campaign among relevant organisations which have an interest in this area to ensure we get this referendum over the line and Ireland becomes an active member of this system.

I had tabled this Commencement matter in advance of hearing that the matter would go to Cabinet. I hope the Minister of State can confirm the arrangements.

Mary Seery Kearney (Fine Gael)
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As someone about to undergo my patent examinations, I am interested in the Minister of State's answer.

Neale Richmond (Dublin Rathdown, Fine Gael)
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The Cathaoirleach Gníomhach, Senator Seery Kearney, can share her notes with me if she likes.

I thank Senator Malcolm Byrne, not only for raising this issue this morning but for doing so consistently throughout his time in the Upper House. The Senator is dead right. This is a really important issue for Irish businesses and inventors and so many people in Ireland and beyond who will benefit from all these new creations and inventions and the business and commerce that will flow from them.

I can confirm that the Minister, Deputy Coveney, is bringing a proposal to Cabinet this morning to agree a date for the referendum alongside the local and European elections, which are due to take place on the first weekend of June. The Minister will seek approval for the priority drafting of a Bill to give effect to the proposed constitutional amendment.

In May, I attended the inauguration of the Unified Patent Court in Luxembourg and I was able to clearly see the benefits that this system will bring to Ireland, our businesses of all sizes and individuals. Put simply, this system will allow businesses to avail of a single patent that will take effect across 17 EU member states, rather than purchasing a patent in each of these countries. The savings for businesses speak for themselves. If a company holds a patent for ten years, the average lifetime, it will cost it less than €4,700. If the company were to buy these patents in these individual countries, it would cost it over €30,000. This is an incredible opportunity for Irish businesses.

Many people have asked why this system requires a referendum here in Ireland when other member states have simply been able to join. Many of them were from other member states. In order to solve any disputes that may arise, members will join a unified patent court, which requires an amendment to Article 29 of the Constitution. For this reason, we must have a referendum. If Ireland ratifies the international agreement, which I very much hope we will, we will become the 18th participant in the Unified Patent Court.

The benefits of this system go far beyond the cost savings to our businesses, although this is crucially important. We are lucky in Ireland that we have a strong pro-business reputation around the world and in the European Union.We are attractive to multinationals and for investment in this light, membership of the UPC would certainly add to this. Should Ireland not join the UPC, we risk reputational damage. We do not want to see investment go elsewhere due to our non-participation in the court. The protection of international intellectual property is vital if we are to encourage innovation and invention in Ireland. If we want people to spend many years at the cutting edge of their field, they must know that their work is protected. Membership of the UPC is another string to our bow to protect this.

Regarding a dedicated information campaign from the Government, that can be taken as a given. Intellectual property falls under my brief in the Department of Enterprise, Trade and Employment. I intend to play a fully central role to ensure that we get this information out as widely as possible. The Senator mentioned the relevant organisations. There is already the starting of a relevant organisation bringing together legal practitioners, inventors and business people, many of them under the aegis of Enterprise Ireland and IBEC. They are already in place and chomping at the bit to get out a campaign. They have been knocking on my door for just over a year to get this to course.

There will need to be – this is unfortunately where politics kicks in – a dedicated political campaign. Senator Byrne and I have been involved in a heck of a lot of referenda over the years in all different matters but particularly European referenda. We know the importance of clear facts. We often hear buzz words such as “misinformation” and “disinformation”, and this referendum is ripe for that. We know the same old tropes. The same people, who are not in the Chamber today, who said “No” to an EU army and all these other things to stop the Nice and Lisbon treaties, and even used it in their European election campaign, will be at it again, although I have noticed in the past couple of days that some of them are suddenly converts to the cause of Europe.

This will require a strong political campaign. I hope politicians of all parties and those in these Houses and local authorities will be able to work with local businesses and legal practitioners. More importantly, I hope people will benefit from these patents in due course – the people who will possibly need those patents for new treatments and new drugs down the line. We will come together and get this over the line in June. I look forward to returning to Luxembourg as a full member of the court at the end of the summer.

Malcolm Byrne (Fianna Fail)
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I welcome that. I think we should work together and look in a cross-party way to try to generate support for this referendum. It will require a bit of explaining. Having been asked about it on local radio, it is not always the easiest thing to explain. It is important for those creating intellectual property that we are able to vindicate and respect that right across Europe and it is important for the opportunity for enterprise in Ireland as well. I have the fear that during the referendum, people will use it as a soapbox and talk about issues that do not have anything to do with it. That is why it is critical that a campaign gets up and running early and does not start to be confused with other issues. I welcome the Minister of State’s commitment in that regard.

Neale Richmond (Dublin Rathdown, Fine Gael)
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I think we were both involved in canvassing for the fiscal stability treaty in 2012 when we were fresh-faced councillors. I remember the research from that referendum. The two biggest issues of concern that came up were in respect of the fiscal compact treaty were abortion and conscription into an EU army. Those were of absolutely no relevance to the question being put to the people but that is what happens when you allow disinformation and misinformation to fill the gap of silence. We cannot let that happen.

Following the passing of the legislation through the Houses of the Oireachtas, the Electoral Commission will be responsible for explaining the referendum proposal in an independent and impartial way. It also has a role to promote public awareness of referenda and encourage people to vote. I look forward to it playing its part, however, we also have to take that political responsibility seriously.

In conclusion, we all know that referenda can become convoluted, but the case for the Unified Patent Court is absolutely obvious. If Ireland wants to continue being a hub for investment and research and if we want to support our researchers, inventors, entrepreneurs and businesses of all sizes, involvement in the UPC is how we go about that. It is absolutely vital to the future economic and societal stability of this State that we sign up to the UPC and pass this referendum hopefully by a massive margin.