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 Alice-Mary HigginsAlice-Mary Higgins (Independent)
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To clarify, I was asking about what the process will be to assess whether there is a risk of a case being taken for unfair and inequitable treatment in respect of a policy.

On NGOs and companies, everybody can take a case in our courts. Under CETA, only companies may take a case. There seems to be a bit of a contrast where the climate Bill has an explicit clause limiting liability in respect of inaction on environmental matters yet, at the same time, we propose to bring in a new financial liability in respect of CETA. We are treating NGOs and companies quite differently. We are trying to take financial leverage from one and give it to the other.