Ms Suzanne Drisdelle:

I thank Senator Martin for his eloquent explanation of the concerns that he has and the issues that he has outlined and, of course, his compliments to Canada. I fully understand that this is an open discussion and as the Senator said, we can safely discuss the issues. I appreciate his thoughts.

The Senator mentioned safeguards and talked about transparency. Those are exactly the things that are built into the ICS system. The ICS specifically and intentionally outlines the processes and details and it is done in a way that is more transparent than the older ad hocsystem of arbitration. Again, we are not questioning the validity of our domestic courts but it is essentially why the EU asked Canada for a revised and modernised system for arbitration.

In respect of safeguards, there are very specific elements which are untouchable and on which the member state or Ireland has a right to regulate in its own area. This includes elements like public health, safety, environment, climate and labour. These are elements that are outside of the areas that would be considered eligible for debate and a claim within the ICS. I ask my colleague, Mr. East, to elaborate further on that point.