Alice-Mary Higgins (Independent) | Oireachtas source

It simply has to prove that it was treated unfairly or inequitably. Discriminatory treatment is only one part of the criteria. In fact, unfair and inequitable treatment is a moveable feast. It can be changed under CETA and new elements can be added to it, but one of the areas in Article 8.10.2 is that in deciding whether a company has been treated unfairly or inequitably, the question of inducements arises. Will the Tánaiste tell me whether the Government has analysed whether State planning permissions, State investment, as we have learned in some areas, State meetings with representative bodies, and other such State encouragements for companies to invest may be constituted as having given reasonable expectation? That is part of the risk analysis.