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 Leo VaradkarLeo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I believe it is in the interests of Irish companies and firms and, therefore, will be in the interests of Irish workers and Irish people. There is nothing wrong with our national court system. As the Senator correctly pointed out, a Canadian company can already take any case it might wish to take. It is a false argument that some people are making, perhaps not the Senator, that this would open up the possibility of litigation, when that litigation happens regularly using national court systems and international arbitration mechanisms. This is just a new avenue. It is a more efficient system that will be beneficial to Irish companies operating in Canada. That is why we think it is to the benefit of people.

I can understand why people may be against this treaty, and that is fair enough. They are going to vote against it no matter when the vote is held, be it this year or two years hence. What I do not understand is the argument that somehow we should wait to ratify it last or wait until we are among the last two or three countries to ratify it. If one is for it, fair enough and if one is against it, fair enough. However, I do not understand the argument that it is somehow beneficial to drag this out or to wait until we are the last, second last or third last country to ratify it. I would love if somebody would explain that argument as to why we should defer ratification. Is there anybody on this call who is going to change his or her mind just because we are the last or second last country to do it? I believe there is a clear advantage in being one of the early countries to ratify because of the message that it sends to our Canadian allies and the message it sends about our commitment to free trade and to commerce.

To refer back to the question relating to the ratification legal mechanism, I am advised that CETA is considered to be an international agreement under Irish law, the provisions of which could give rise to a charge on the State in the future, for example, hypothetically if there was an ICS award against the State, however unlikely that possibility is considered. Were the terms of CETA to be approved by Dáil Éireann, a separate decision of the Government would then be required authorising the notification of the completion of Ireland's domestic procedure concerning the ratification of CETA to the Secretariat-General of the Council. No further Dáil approval would be required at that point.

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