Mr. Colin Brown:

On Dr. Suttle's comments, one has to keep in mind, as Mr. Schlegelmilch stated, the substantive rules. The substantive rules essentially provide protection against discrimination, which, of course, is something we find in the EU treaties, the European Convention on Human Rights and the Irish Constitution. They provide protection against expropriation. Expropriation is allowed, but if it takes place, there must be compensation. Again, that is something that is contained in the Irish Constitution and the European Convention of Human Rights. There is a third set of rules around the proper administration by Government to ensure that Government acts objectively, following procedures.

This reflects roles we find in domestic legal systems, the European system and internationally. The main point to keep in mind is that these substantive roles are found in many other circumstances and are not regarded as chilling the ability to adopt progressive policies in those other circumstances. The ICS is the disputes element mechanism to deal with disputes that may arise. Mr.Schlegelmilch mentioned that the CETA treaty, similar to other EU treaties, provides for a better system of disputes element that ensures greater stability in the system.

On Dr. Suttle's specific comments, we would respectfully disagree. The Court of Justice of the EU which, of course, sets the law of the land across the European Union as a whole considered this. It received observations from a large number of member states, the Commission and the Council, and examined in a great deal of detail all the provisions the committee is examining and looking at. It came to the conclusion there were sufficient protections in CETA to ensure the right to regulate was respected. The clarity CETA has brought compared to older types of treaties means governments in the EU and Ireland can be comfortable there will be no chilling effect through the system.