Paul Murphy (Dublin South West, RISE) | Oireachtas source

Has the Taoiseach had time to consider the judgment in the case about the EU–Canada Comprehensive Economic Trade Agreement, CETA, brought by Deputy Costello? CETA has many implications for how we respond to the energy crisis, for example. I hope that a future Government in Ireland will decide to nationalise the Corrib gas field, which is currently entirely Canadian-owned. If we have signed up to the investor court system as part of CETA, at that moment, Canadians would be able to take the Irish State to a CETA tribunal, which is a private tribunal that is separate to the regular court system. If the Canadians won their case, in which they would presumably allege direct expropriation in contradiction of CETA, the Irish courts would be bound to enforce the tribunal's judgment. They would have no choice in the matter. There would be a situation where a democratically elected Irish Government would decide on a certain policy in response to the energy and climate crisis which would be overturned by a private tribunal which is only accessible to corporations. I will quote a couple of the judgments. Mr. Justice Charleton stated:

CETA sets up a supra-legislative body through the Joint Committee with unlimited powers of interpretation of a vague set of principles within the treaty. The Joint Committee makes laws. These override the exclusive law-making powers of the Oireachtas. That process is in no way democratic.

Ms Justice Dunne stated:

Of particular significance is the “almost automatic” enforceability of CETA awards... To my mind, that is why it is necessary to have CETA ratified by the People, given that it cuts down the jurisdiction of the courts and involves the creation of a parallel jurisdiction whose awards are enforceable in this jurisdiction.

Does the Taoiseach agree?

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