Neasa Hourigan (Dublin Central, Green Party)
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1760.To ask the Minister for Health if the Government is working to ensure that TRIPS waivers are utilised in the context of future public health emergencies and are provided for in the WHO Pandemic Treaty; and if he will make a statement on the matter.[34730/24]

Stephen Donnelly (Wicklow, Fianna Fail)
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I thank the Deputy for her query in relation to the TRIPS waivers and the World Health Organisation Pandemic Agreement (WHO CA+).

On 1 December 2021, the members of the World Health Organisation (WHO) reached consensus to begin the process of negotiating a convention, agreement, or other international instrument to strengthen pandemic prevention, preparedness, and response, commonly known as the Pandemic Agreement. Ireland supports this WHO-led process to negotiate a binding legal instrument on pandemic preparedness and response, the aim of which is to protect public health and to help save lives in the event of future pandemics.

An Intergovernmental Negotiating Body (INB) was established and met for the first time on 24th February 2022. The INB has met ten times to date to progress work on the drafting of this agreement with the most recent meeting taking place in July 2024. It is anticipated that the Pandemic Agreement will be submitted for consideration and adoption by the Seventy-eighth World Health Assembly in May 2025, or earlier by a Special Session of the World Health Assembly, if possible, in 2024.

In relation to the Deputy’s query, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) is an international legal agreement between all the Member States of the World Trade Organisation (WTO). The TRIPS Agreement establishes minimum standards of protection and enforcement which each WTO member must afford to the intellectual property held by nationals of fellow WTO members.

At the 12th World Trade Organisation Ministerial Conference in June 2022, WTO Members adopted a Ministerial Decision on the TRIPS Agreement, commonly referred to as the TRIPS Waiver. This decision clarified the range of mechanisms available to WTO members to limit the exclusive effect of patent rights in order to support equitable access to COVID-19 vaccines. The Ministerial Decision is a standalone measure specific to Covid-19 vaccines and is not included in or provided for in the WHO Pandemic Agreement.

The TRIPS Agreement contains flexibilities that are available to WTO members to allow them to take measures to protect public health and the current draft of the WHO Pandemic Agreement includes measures which reaffirm and respect the rights of WTO members to use those flexibilities contained within the TRIPS Agreement. A copy of the latest draft of the WHO Pandemic Agreement is publicly available on the WHO website: apps.who.int/gb/inb/e/e_inb-9-resumed-session.html.

As the proposed instrument is currently being negotiated, it is not possible at this time to determine the final text or the precise legal ramifications of the instrument, nor has it been determined what form the instrument shall take.

I trust that the above information is of assistance to you.