Clare Daly (Dublin North, United Left)
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1063. To ask the Minister for Health if his Department has undertaken a health impact assessment of the transatlantic trade and investment partnership, particularly on the future ability of his Department to develop the health system, introduce universal health care and to implement public health policy in areas such as tobacco and obesity; the outcome of the assessment; and if he will make a statement on the matter. [31728/15]

Clare Daly (Dublin North, United Left)
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1064. To ask the Minister for Health if health sector exclusions from the transatlantic trade and investment partnership have been sought by him; if so, the details of these exclusions; and if he will make a statement on the matter. [31729/15]

Leo Varadkar (Dublin West, Fine Gael)
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I propose to take Questions Nos. 1063 and 1064 together.

The Transatlantic Trade and Investment Partnership (TTIP) is a free trade and investment treaty currently being negotiated between the European Union and the USA.

The Department of Enterprise, Trade and Innovation (DJEI) leads on negotiations for Ireland. DJEI commissioned Copenhagen Economics to prepare a report on TTIP and its impact in Ireland. This report is available on the Department's website.

The EU’s mandate to negotiate the Transatlantic Trade and Investment Partnership (TTIP) states that services supplied in the exercise of governmental authority as defined by Article I.3 of General Agreement on Trade in Services (GATS) shall be excluded from these negotiations. Both chief negotiators confirmed after the 7th Round of negotiations that no commitments will be taken on public services.

On the 20^thMarch 2015, EU Trade Commissioner Cecilia Malmström and the US Trade Representative Michael Froman confirmed in a joint statement that trade agreements do not prevent governments from providing or supporting services in areas such as water, education, health, and social services. On the 8 July 2015, the European Parliament adopted a resolution which built on this statement to exclude current and future Services of General Interest as well as Services of General Economic Interest from the scope of application of TTIP. This includes but is not limited to water, health, social services, social security systems and education, to ensure that national authorities retain the right to introduce, adopt, maintain or repeal any measures with regards to the commissioning, organisation, funding and provision of public services as provided in the Treaties as well as in the EU's negotiating mandate. The resolution also stated that this exclusion should apply irrespective of how the services are provided and funded.

On the 16 September 2015, the European Commission published the text of its proposal for the Investment Chapter of TTIP. It will be presented as the EU text proposal in the EU-US trade talks following consultation with the Council and discussion with the European Parliament. DJEI informs my Department that the proposal states that the right to regulate to achieve legitimate policy objectives such as the protection of public health is preserved; the proposal also clarifies that investment protection provisions shall not be interpreted as a commitment from governments not to change their legal framework, including in a manner that may negatively affect the investor’s expectations of profits.

As negotiations progress my Department continues to liaise with DJEI to consider potential impacts for the health sector. It would not be appropriate for me to comment specifically on matters which are currently under deliberation and are being treated as confidential. My Department welcomes the views of stakeholders in the interests of assessing the potential implications of TTIP for health.