Alice-Mary Higgins (Independent) | Oireachtas source

Does the Tánaiste not agree that a national court is required to interpret other aspects of the law, for example, to balance environmental law against the financial concerns of those seeking compensation, but as the Tánaiste described very eloquently, an investor arbitration court is solely concerned with the compensation question? In that regard, it is very different, which is why companies go for investor courts. Investor courts will not consider the rights of the child or whatever other considerations a national court would balance in determining an outcome.

The Tánaiste mentioned changing things mid-stream and said companies make 30-year investments. Is he suggesting that when a company has made a 20 or 30-year investment based on certain expectations and a State policy in that area is changed within that 20 or 30-year period, that is the State changing policy mid-stream? I would be very concerned that we might be tied in to the expectations a company had at its point of investment.