Oireachtas Joint and Select Committees

Wednesday, 22 September 2021

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

EU-Canada Comprehensive Economic and Trade Agreement: Minister for Enterprise, Trade and Employment

Photo of Matt ShanahanMatt Shanahan (Waterford, Independent) | Oireachtas source

I thank the Minister for his presence here. I have just a few questions. It is important that we do everything to try to initiate greater trade with all of our trading partners. People also have the right, however, to look over it to make sure we are doing everything to protect Ireland's interests, and particularly with this new investment court system.

I have a couple of questions on the discrimination aspect of the system, which basically appears to be the main ground on which cases can be taken. If there was a breach of competition law, for example price fixing which could be seen as discriminatory, could that open the way for Canadian companies to make a claim against Ireland?

The Minister may have answered my next question. Is Ireland adopting the position that the ICS will be the preferred mechanism in future trade agreements to discuss how countries use arbitration rather than country to country as was used previously?

It was said that rules were designed to ensure access by SMEs to the tribunal but they appear to be absent, although there is a commitment by the Commission and the Council to ensure such access is provided. Have there been further assurances about this access for SMEs?

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