Francis Noel Duffy (Dublin South West, Green Party) | Oireachtas source

I thank Mr. O'Sullivan for his statement and insight into CETA. In a very insightful webinar on the topic of CETA last week, organised by Dr. Oisín Suttle, it was raised that the basis for investment dispute settlement system came about after the Second World War. There was a collective desire to establish an international legal order to create peaceful relations on a rule-based system which was ultimately introduced to defer future wars.

However, we have come a long way since the Second World War. Our national laws are constantly changing and progressing to protect our citizens' fundamental rights, to reflect international human rights standards and bring about sound public policy. The Judiciary plays a central role in protecting, defending and interpreting these laws. Just last week the Climate Action and Low Carbon Development (Amendment) Bill 2021 was passed. This is a monumental Bill which will require the State to reduce emissions protecting our children's future for generations to come. However, without our courts system to ensure that legally binding emission reductions are met, this Bill is meaningless.

Some of this may have already been covered to an extent, but my first question relates to CETA and whether the investor-state dispute settlement, ISDS, will alienate the judicial power of our national courts. Does Mr. O'Sullivan believe there is a risk of undermining public policy? Furthermore, in the past, ratifying EU agreements was put to the people by means of a referendum, such as the Lisbon treaty. Does Mr. O'Sullivan think there should be limits on the Government's ability to ratify international agreements using legislative power?

The make up of this tribunal is another important question and concern. Ultimately, it is those who sit at the decision-making table who have the power to decide the most critical issues. If we have no control over the members of the tribunal, how do we ensure the decisions given are made in the best interests of public policy and our national laws?