Oireachtas Joint and Select Committees

Wednesday, 2 June 2021

Joint Oireachtas Committee on European Union Affairs

Comprehensive Economic and Trade Agreement: Discussion (Resumed)

Photo of Vincent P MartinVincent P Martin (Green Party) | Oireachtas source

Ireland is a pro-trade country. It is an island and an independent republic. It is modern, forward-looking and open for business. We cherish trade. The party I am affiliated to, the Green Party or an Comhaontas Glas, has a very proud European track record organised throughout the EU.

I have one question and I would be grateful if the European Commission's acting deputy director-general at the Directorate-General for Trade would answer it. It has not been answered to my satisfaction to date but I hope he can allay my concerns or persuade me otherwise. Is it absolutely necessary to have the investment court system? If so, why? He has said the EU did not invent ISDS. I agree. That is not a reason which makes it a necessity. He said that CETA is not the first agreement with ISDS. I agree, but I do not see the compelling necessity. He also said there is a long history of investment courts in European countries. I agree but in this instance I want to know if that is the best he can do.

I am not in favour of blindly following the crowd or blindly following history unless there is a compelling reason to give up our tried and tested independent court system in the Republic of Ireland. I would understand, if this was a trade agreement between Belarus and Myanmar, why investors would be nervous. However, in our country everyone is equal before the law. That is a constitutionally enshrined guarantee which is also guaranteed under EU law. If it is not broken, why fix it? Why do something superfluous and unnecessary that will have a damaging effect on goodwill? I do not see the necessity for it. Is there a weak state in the EU we are not being told about that? Do we all have to go to same way because someone does not have confidence in a certain state? I have confidence in Ireland and in Canada. I am not tied by history and I would like Mr. Schlegelmilch to tell me why it is necessary to remove the Irish judicial system from the picture completely.

Comments

No comments

Log in or join to post a public comment.