Paul Murphy (Dublin South West, RISE)
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In the Minister's opening statement, which we do not have before us, he repeatedly stated that it would only be on the basis of discrimination but that is not the case. According to Article 8.12 of CETA:

A Party shall not nationalise or expropriate a covered investment either directly, or indirectly [and indirectly basically involves any sort of regulations that interfere with the right to profit] ... having an effect equivalent to nationalisation or expropriation ("expropriation"), except (a) for a public purpose;

(b) under due process of law;

(c) in a non-discriminatory manner; and

(d) on payment of prompt, adequate and effective compensation.

A Canadian company could make the case that it has been indirectly expropriated by a significant labour or environmental regulation, even if it affected all companies regardless of being Canadian or European, because it has not been compensated. Is that not the case?