Dáil debates

Tuesday, 9 July 2019

EU-Mercosur Trade Agreement: Statements (Resumed)

 

8:10 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour) | Oireachtas source

That does not fill me with confidence. We will arbitrate with President Bolsonaro, a man who is a climate denier and one of the most right-wing dictators and leaders in the world. Our Constitution is carefully balanced to ensure that the balance of power between the Government of the day, the Parliament and the law courts is maintained. The courts have traditionally encouraged private individuals and businesses to seek amicable solutions to disagreements, including where there are commercial disputes. That is why businesses can rely on the rule of law in this State. At the same time, the Constitution ensures the primacy of the democratically elected Dáil and Government, balanced by an independent Judiciary. There is a serious problem with free trade deals that attempt to undermine this democratic balance and established legal order by creating entirely separate dispute resolution mechanisms that would go beyond the democratic control of this Parliament or of our democratically elected Government. What is the dispute resolution mechanism in this agreement? How will it stand in respect of the rule of law and the democratic primacy of this Parliament in disputes such as those I have addressed above?

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