Ruairi Ó Murchú (Louth, Sinn Fein) | Oireachtas source

There are obviously difficulties with the ISDS. The French are considering leaving the energy treaty charter because of being hampered in what they can do about climate change as regards ISDS. The Dutch Government is being sued in respect of climate action under this. Senator Higgins has mentioned the fact that the US and Canada have negotiated their way out of many elements of ISDS under North American Free Trade Agreement, NAFTA, so, therefore, we can see that there has been a move away.

Mr. O'Sullivan mentioned the Philip Morris case, which the company lost as it tried to delay plain packaging for tobacco but the case cost millions of Australian dollars and took approximately four years, which will have a chilling effect. Does Mr. O'Sullivan accept that there seems to be a move away from ISDS and, to a degree, there is an element of madness in us signing up to ICS? I do not see that there is going to be any major reputational damage to either the French or Dutch who are in no rush to ratify CETA.