Oireachtas Joint and Select Committees

Tuesday, 12 October 2021

Seanad Committee on the Withdrawal of the United Kingdom from the European Union

Dispute Resolution Mechanism: Discussion

Mr. Karl Gardner:

Let us say one of the parties, we will not say which, decides it is going to invoke Article 16. The first thing that party does is notify the joint committee it is doing this and there are immediate consultations with a view to trying to find the solution. If no solution can be found one side or the other can take safeguard measures, but there is also a dispute settlement mechanism within that which allows the development of an arbitration panel, just to decide on issues that arise within Article 16 as well. Again, as with what Ms Collins was saying earlier, it is a process. It is not that suddenly Article 16 crashes things; instead it is a process of joint committee discussions and then various options which flow from that as well.