Lynn Boylan (Sinn Fein) | Oireachtas source

I thank the witnesses. Deputy Duffy asked one of the questions I had intended to ask, on the establishment of a separate arbitration jurisdiction for an entire case of law and how that fits in with the Constitution. I would like to hear Dr. Fennelly's view on the right to compensation in certain circumstances as set out in Article 8.11 of CETA and whether that would require an Act of the Oireachtas to confer that property right.

My next question, which is for all the witnesses, concerns Article 8.10.2(f) of CETA and the ability of the members of the joint committee to amend what constitutes fair and equitable treatment. For Dr. Fennelly, it is the idea of giving a third party powers on principal and policy and whether that would be in breach of the findings of McGowan v. Labour Court and the Bederev ruling because they are able to be changed after the fact. Dr. Ankersmit or Dr. Suttle might like to comment on the idea that the provision is open ended and the joint committee can amend what constitutes fair and equitable treatment.