In light of the historically significant failure of a recent proposal in a referendum, the government, back to drawing board, is contemplating the timing of its subsequent effort to revise the Constitution. The plan to ratify the Unified Patent Court (UPC), which requires surrendering a degree of judicial sovereignty from Irish courts to the UPC, was originally slated to coincide with the European and local elections on 7th June. So far, the issue hasn’t captured the public’s attention in full.
Earlier, it was perceived that the major task for the Government and the Electoral Commission, tasked with voter engagement, was primarily to promote awareness around the referendum. There was minimal fear about the contentiousness of the proposal or the probability of it failing passage. Nonetheless, that assumption has been altered dramatically by the outcomes of the March referendums on care and family – overwhelmingly defeated for various reasons, not all corresponding to the patent vote. It’s unlikely that the strong opposition from disparate political viewpoints observed in the last referendums will re-emerge. Yet, it can’t be denied that the same issues – unready measures, confusing communication, a pallid campaign – could very well reoccur in June. With political parties occupied with getting their candidates to triumph, there’s a likelihood of indifference towards the referendum campaign, which history shows, is usually met with similar apathy by the voters.
It’s regrettable that this could delay Ireland’s participation in the UPC. The unification of European patent law has benefits and provides potential for local businesses. Nevertheless, a loss could push the matter away from political discourse for an era, and prudence might prove wise in such circumstances. It’s entirely possible that the postponement of the referendum may just be the initiation of various decisions the risk-averse government could take in order to dodge possible obstacles en route to a general election.