Oireachtas Joint and Select Committees

Wednesday, 26 May 2021

Joint Oireachtas Committee on European Union Affairs

Comprehensive Economic and Trade Agreement: Discussion with Tánaiste and Minister for Enterprise, Trade and Employment

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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It is impossible for me to comment on the second question. Under the lobbying Act anyone who carries out lobbying has to declare on whose behalf the lobbying is being carried out. It is a question for SIPO more so than for me. My understanding is that anybody who is lobbying a designated public official, which all of us are, must declare that and state what the purpose of the lobbying was and who they represent. I note Deputy Howlin is nodding. Having drafted the legislation, he might be able to answer the question for us later.

On the risk analysis question, I do not know how we could do a risk analysis on the ICS element of this agreement because the risk is so obviously negligible. A company would have to go to the investor court tribunal and prove that the Irish State or one of its agencies had discriminated against it. The grounds on which discrimination is defined are very clear in CETA. They company would have to prove that it was discriminated against and that it incurred losses as a result and then be granted compensation from the Irish Government or one of its agencies as a result. That is extremely remote. I do not see the Irish State or Irish State agencies discriminating against Canadian companies and them being able to prove that before the three person tribunal. Even if it were true, they could use our domestic courts. I do not see it happening. It is like looking for a dragon under the bed. It seems too remote. I am sure we could get someone to provide an analysis on it, but it seems so obvious.