Oireachtas Joint and Select Committees

Tuesday, 13 April 2021

Joint Oireachtas Committee on European Union Affairs

Impact of the Comprehensive Trade and Economic Agreement on Irish-Canadian Trade and Relations: Discussion

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour) | Oireachtas source

I hope the Chairman can hear me. I confirm that I am in the Leinster House precincts. I have to get in a mention of Wexford. Ms Drisdelle said she is a Newfie. There are very strong relations between my home county and Newfoundland. There are people in Newfoundland who still speak with a Wexford accent so we have strong and enduring connections. I have been privileged to represent the Irish Government at St. Patrick's Day celebrations in Canada and remember the history of Grosse Île and the implications of the interconnections over a very long time.

I will focus on one aspect of our discussions. I believe there is very broad support among most parliamentarians for deep and wide-ranging trade agreements, and even more than trade agreements, between Canada and Ireland. There is no argument or bone of contention about that. There are very few who are opposed to international trade or who do not recognise the importance of international trade for the benefit of Ireland and our historical development, certainly in the past 20 years. The one bone of contention that has caused concern not only for politicians but for civil society is the investor court system or ICS. I ask this question of whomever feels best able to respond, and perhaps it is Mr. East. It relates to the issue of the investor court system, which is the unimplemented part of a trade deal that has been largely implemented. The argument being put to us by experts is that this is a system that hugely advantages private companies - major corporations - to take actions against domestic governments. The question being posed to us that I would pose to the witnesses is why Canada would not trust the Irish courts system to adjudicate fully, in an impartial and fair way, on any dispute that might arise. Similarly, why would Ireland not completely depend on and be confident in the decisions of the Canadian courts system? In that instance, and I believe the answer must be that in normal circumstances we would have absolute confidence in each other's legal systems, why is the investor court system essential? The linked question is whether it is essential or if it is possible to regularise and ratify what is more than an important trade agreement between the European Union and Canada without this contentious element that has caused problems.

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