Mick Wallace (Wexford, Independent)
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114. To ask the Minister for Jobs, Enterprise and Innovation in the case of Ireland signing up to the transatlantic trade and investment partnership, if Ireland will also be subject to the investor state dispute mechanism; and if he will make a statement on the matter. [44364/14]

Richard Bruton (Dublin North Central, Fine Gael)
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The scope of the EU Commission’s mandate to negotiate with the United States on a Transatlantic Trade and Investment Partnership (TTIP) is a very broad and comprehensive one, covering sectors and regulatory and rules issues, and investment protection including investor state dispute settlement (ISDS) is included. The mandate is available on the EU Council’s website at



The broad scope of the negotiating mandate increases the chances of a comprehensive deal. According to assessments made by the EU Commission and other European bodies, a comprehensive TTIP could over time boost EU GDP by 0.5% per annum bringing significant economic gains as a whole for the EU. This would provide a significant injection of economic activity and consequently bring new job opportunities.

I have indicated in replies to previous Parliamentary Questions some of the tentative and preliminary findings from the study commissioned by my Department, concerning the economic and other impacts and potential opportunities for Ireland. These suggest an additional 1.1% increase in GDP, higher than the estimated GDP gain from TTIP for the EU as a whole. This also means job opportunities for Ireland.

This trade and investment agreement will build on the deep economic and wider relationship we have with the US, and will create jobs by opening up further opportunities in the US market for Irish business.

As regards ISDS, I have indicated in replies to previous Parliamentary Questions that I believe that it is a valid mechanism. But I also believe that the experience of ISDS internationally has given rise to concerns and shows us there is room for much improvement in how the system works.

The TTIP gives us a valuable opportunity to make improvements and create a new generation ISDS model that would respect and address legitimate concerns that have been raised. Such improvements include having safeguards against claims that are clearly unwarranted and making sure that ISDS does not serve to constrain the rights of governments to take measures for legitimate public policy reasons. Important features in any system would also include greater transparency in the operation of tribunals and ensuring the independence of arbitrators.

The EU Commission is currently analysing the results of a public consultation on ISDS, carried out in response to concerns raised. As I have previously indicated, Ireland was one of a number of EU member states that wrote to the new EU Commissioner for Trade, Cecelia Malmstrom, expressing the view that the consultation was an important step in ensuring that we strike the correct balance to ensure that governments retain their full freedom to regulate. We also pointed out that it would be important that the outcome of this consultation would run its course and that the views expressed by our stakeholders would be carefully considered before reaching firm decisions on the way forward.

It is important to underline that the EU and the US follow the same principles that guide investment and seek to ensure a level playing field for investors. These principles recognise the right of Governments to regulate for legitimate public policy objectives. I will be seeking to ensure that we learn from the experience of the past and that any ISDS provisions in a future Agreement would represent a fair and reasonable option to which investors would have recourse for legitimate reasons.

Dara Calleary (Mayo, Fianna Fail)
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115. To ask the Minister for Jobs, Enterprise and Innovation the status of negotiations on the transatlantic trade and investment partnership; the way Ireland’s interests will be protected in the talks; and if he will make a statement on the matter. [44349/14]

Richard Bruton (Dublin North Central, Fine Gael)
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Since the formal negotiations between the European Union and the United States on a Transatlantic Trade and Investment Partnership (TTIP) began in July 2013, seven negotiating rounds have taken place, the most recent of which took place in the US from 29 September to 3 October 2014. Reports of Rounds, together with background documents, are available on the European Commission’s TTIP website at



While I am not aware that a date has yet been set for the eighth round, I expect that it will most likely take place early next year.

As regards representing Ireland’s interests, the EU Commission, which negotiates on behalf of the EU, is required under the terms of the mandate and in accordance with Article 207 of the Treaty on the Functioning of the European Union, to conduct the negotiations in consultation with and to regularly report to the Council on all aspects of the negotiations. Officials from my Department are represented on the relevant committees. As in all trade negotiations at EU and international levels, I fully intend to work at securing the best deal for Ireland, to open up opportunities for Irish business, and to ensure that any sensitivities we may have are taken into account.