Oireachtas Joint and Select Committees
Friday, 27 March 2015
Joint Oireachtas Committee on European Union Affairs
Transatlantic Trade and Investment Partnership: Discussion
2:10 pm
Dr. Cecilia Malmström:
We are considering this as part of the reform to ensure states have the right to regulate and ISDS does not have a chilling effect on it. A tobacco company was mentioned and such a case would certainly be lost under the new version of ISDS. Ireland does not have an ISDS, but under a reformed ISDS there would be no chance of such a case being won.
A question was asked as to how we can trust joint standards and laws and regulatory co-operation. We are setting out eight or ten areas in which regulatory co-operation will begin. The idea is to establish an advisory body whereby regulators can come together for discussions. We are going through these eight or ten areas step by step and we will see where we land. We will seek to include new areas, but they will not be areas where we have fundamental differences. Regulators will have an opportunity to exchange ideas on areas in which we plan to regulate at EU level to see whether they can arrive at a common position to advise those who make the laws in the European Parliament and Congress. We are also examining how to liaise with the European Parliament and Congress on this work as they will make the decisions.
Ms Boylan asked whether enough has been done with the US and NAFTA on labour protection. It is an interesting point and I will examine it. The US has ratified two of the International Labour Organization's eight core labour standards, two are in national legislation and four of the eight have not been ratified and, as Ms Boylan stated, this will not happen during an election year. We are examining ways of applying their content and promoting them globally.
We have just published our proposals in the sustainable development chapter from that side. We are waiting for the American response so we have not entered real negotiations. However, we are both committed to including language on this subject in the agreement, for ourselves and also to set up some standards and values we want to fight for at global level. Who will approve this agreement? As I stated at the beginning, all member states will definitely do so, as will the European Parliament. I refer to the European Parliament with a majority and member state unanimity. If it is considered to be mixed agreement - legally that cannot be said until we have an agreement - it is very likely that all national parliaments will also be included.
I apologise if I left anything out.
No comments