Oireachtas Joint and Select Committees

Tuesday, 17 January 2017

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Comprehensive Economic and Trade Agreement: Discussion

4:00 pm

Mr. Philip Kelly:

The ICS system, as proposed in the Canadian trade deal, is completely new. It will be fully transparent and the people who will hear cases will be qualified to be judges in their home member states. They will be selected by lottery, as will the chairperson of the relevant panel, and all of the proceedings will be in public. All of the documents will be made public and proceedings may be entered into by third parties such as non-governmental organisations and other interested parties. It is a completely transparent mechanism with professionally qualified persons who, as I said, will be eligible to be judges in their home countries. The system is not in operation anywhere else. It is a new model proposed in the CETA, one the European Union is advocating should be adopted on a global basis.