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 Paul MurphyPaul Murphy (Dublin South West, RISE) | Oireachtas source

I do not know whether the Minister is being deliberately obtuse about the difference between national courts and ICS. Does he accept that there is a substantial difference in that the national courts rule on the basis of Irish and European law, which can be changed by different parliaments and governments being elected, and even the Constitution in our case, but the investment court system that will be set up under CETA will not be subject to democratic change? The ICS will simply interpret the terms of CETA. I outlined the very broad definition of "indirect expropriation". Does the Minister accept that is a fundamental difference? It is not all the same - national courts and the ICS. There is a fundamental difference between the two.

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