Brendan Howlin (Wexford, Labour) | Oireachtas source

I thank the Tánaiste for a most helpful interaction this morning. It has been of great assistance to the committee. I want to deal with one issue I am still concerned we have not dealt with enough, which is the chilling effect many people have presented to us regarding regulation. I looked again at the chapter on investment and regulation measures. Certainly CETA does, as the Tánaiste says, reaffirm the right of states to regulate for legitimate policy objectives such as public health, environment, safety and so on. It goes on to say it can take account of an investor's profit expectations arising from its interactions with the state or statutory bodies.

I want to be careful in what I say about this. With regard to our public-private partnership programme, a particular company frequently resorted to the courts. In my judgement, our experience with this company had a real and demonstrable impact on other companies tendering for business.

I am referring to the circumstances that would arise if there were in the public system a notion that certain things could not be done because it would mean ending up in court. Can the Tánaiste assure us that the chilling effect whereby people avoid doing things for fear of being drawn before some international tribunal, which effect is very hard to quantify and see, will be addressed because it has an impact on public policy formation?