Oireachtas Joint and Select Committees

Tuesday, 6 April 2021

Joint Oireachtas Committee on European Union Affairs

Comprehensive and Economic Trade Agreement: Discussion (Resumed)

Photo of John BradyJohn Brady (Wicklow, Sinn Fein) | Oireachtas source

I wish all of our witnesses a good morning. This is a very important conversation. All of the speakers' presentations and opening statements have been very informative. I have a number of specific questions.

With regard to the opinion of the Court of Justice of the European Union, CJEU, on the right of states to regulate, which has obviously been a cause of concern, we now know that this is not in question. I have serious concerns. Dr. Suttle touched on the issue of the chilling effect. It is quite concerning that, even though we have not ratified this element of CETA, the doctor feels it is already having an impact. I wish to ask Dr. Suttle and Dr. Ankersmit about that. Dr. Ankersmit made reference to the climate and to oil and gas exploration, but there are also great concerns with regard to our health service, housing and education.

I also have a question about the right to access an independent tribunal. In the opinion of the CJEU, the court emphasised that CETA dispute resolution mechanisms should be "financially accessible to natural persons and small and medium-sized enterprises" and not only "to investors who have available to them significant financial resources." Will Dr. Ankersmit tell us about the concerns held with regard to that particular point? I have serious concerns about corporations with very deep pockets having access to this tribunal and about such corporations lodging cases with the tribunal and allowing them to linger indefinitely, perhaps for years, solely for their chilling effect. The CJEU identified this issue, that essentially only those with deep pockets will have access to this tribunal. Will Dr. Suttle and Dr. Ankersmit touch on those issues?

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