Mr. Jerry MacEvilly:

I thank the Senator. I agree with her comments in the first instance. On the EU process, Ireland's response has generally been that it is fully supportive of the EU modernisation process series of negotiations and formal discussions on the modernisation of the charter and how the EU interacts with it. That has largely been unchanged for months if not longer. We do not consider that sufficient; it was still the response even up to a few weeks ago. There are grounds for Ireland to exit the treaty on an earlier basis.

The core point is that the modernisation process, to the best of our knowledge, has not addressed the fundamental risks raised by Senator Boylan about the ISDS. We question what the central benefit is for Ireland of remaining in such a treaty.

I was not aware of the idea that the predatory nature of the Energy Charter Treaty and it being directed at African countries. On the one hand this links in with the core reasons for the Fossil Fuel Non-Proliferation Treaty, one of which is equity. It would require developed countries to take the lead in the fossil fuels phase-out given that less developed countries are not responsible and, naturally, are continually in the process of trying to catch up with more developed countries. We urge less developed countries not to welcome the Energy Charter Treaty but we must be mindful that the onus is on developed countries, particularly the EU and Ireland to take the lead in, at the very least, significantly questioning and critiquing the modernisation process.