Stephen Donnelly (Wicklow, Independent)
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247. To ask the Minister for Jobs, Enterprise and Innovation his views on the investor State dispute resolution institution proposed under the Transatlantic Trade and Investment Partnership; his further views at the potential for such an institution to put corporate interests above the legal institutions of the Irish State; his plans to deal with such a possibility; and if he will make a statement on the matter. [45972/14]

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) includes investment protection and investor state dispute settlement (ISDS). The mandate was adopted by the EU Council of Ministers on 14 June, 2013. The text of the mandate is available on the EU Council’s website. .

Paragraphs 22 and 23 of the mandate set out the parameters of the negotiating mandate insofar as investment protection including investor state dispute settlement are concerned.

The stated aim of negotiations on investment is to negotiate investment liberalisation and protection provisions on the basis of the highest levels of liberalisation and highest standards of protection that both sides have negotiated to date.

The mandate makes it clear that the inclusion of investment protection and investor-to-state dispute settlement will depend on EU interests being met and on the final balance of the Agreement. Importantly, the mandate states that the objectives of any investment protection provisions would be without prejudice to the right of the EU and the Member States to adopt and enforce measures necessary to pursue legitimate public policy objectives such as social, environmental, security, stability of the financial system, public health and safety in a non-discriminatory manner.

I have indicated in replies to previous Parliamentary Questions that I believe that ISDS 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 EU Commission earlier this year decided to conduct a formal public consultation on ISDS in TTIP, and negotiations on ISDS under TTIP have been suspended since then. The formal consultation closed in July, and the EU Commission is now examining the submissions received. The EU Commission’s preliminary report can be found at:

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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.