Written answers

Tuesday, 4 October 2016

Department of Jobs, Enterprise and Innovation

Comprehensive Economic and Trade Agreement

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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602. To ask the Minister for Jobs, Enterprise and Innovation if she will provide an assurance that the Government, by signing up to provisional application of CETA, will not open Ireland to ISDS procedures or rulings; and if she will make a statement on the matter. [28349/16]

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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603. To ask the Minister for Jobs, Enterprise and Innovation the Government’s position regarding the constitutionality of provisional application of CETA in relation to Article 29.5.2 of the Constitution; and if she will make a statement on the matter. [28350/16]

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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604. To ask the Minister for Jobs, Enterprise and Innovation her plans to initiate a debate in relation to the agreed text of the Comprehensive Economic Trade Agreement (CETA); when Dáil Éireann will be given the opportunity to vote on the issue; and if she will make a statement on the matter. [28483/16]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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I propose to take Questions Nos. 602 to 604, inclusive, together.

The EU-Canada Comprehensive Economic Trade Agreement (CETA) is a comprehensive free trade agreement that will remove tariffs between the EU and Canada and will create sizeable new market access opportunities in services and investment. CETA represents a modern high standard agreement which has the ability to set a new global standard for Trade Agreements. It will end limitations in access to public contracts, open up markets for services and offer predictable conditions for investors. I support and welcome CETA and I am looking forward to Irish firms enjoying the benefits and new opportunities as soon as possible.

CETA will save on duty costs as 99.6% of all industrial tariffs will be eliminated on entry into force. Irish firms will also benefit from the recognition of product standards and certification, thus saving on ‘double testing’ on both sides of the Atlantic. These are some of the benefits of the trade deal with Canada as well as providing new market opportunities in many sectors for Irish firms.

Given the position taken by Ireland and other Member States, the EU Commission has submitted CETA to the Council for decision as a mixed agreement, that is, one requiring both EU and individual Member States ratification. Following a decision by the Council with the consent of the European Parliament, it will now be possible to provisionally apply CETA. The EU Commission is currently finalising the text on provisional application of CETA for submission to the Council for a decision on the 18th October 2016. As provisional application will cover only those areas for which the EU has full competence, no constitutional issues arise. It is proposed that provisional application will not apply to investment protection and investment dispute settlement.

In accordance with Article 218(8) of the Treaty on the Functioning of the European Union, the full entering into force of CETA will be subject, in the first instance, to a decision by the EU, through a Council decision with the consent of the Parliament, and secondly by the approval of all Member States through the relevant national ratification procedures. In this regard, Dáil Eireann will be a part of the final decision to ratify CETA in accordance with Article 29.5.2 of the Constitution.

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