Written answers
Tuesday, 8 November 2016
Department of Jobs, Enterprise and Innovation
Comprehensive Economic and Trade Agreement
Pat Casey (Wicklow, Fianna Fail)
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490. To ask the Minister for Jobs, Enterprise and Innovation the implications of the Comprehensive Economic and Trade Agreement for to the judicial systems of member states; if this agreement will need to be put to the people in a referendum; and if she will make a statement on the matter. [33671/16]
Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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The legal advice received by the Department of Jobs, Enterprise and Innovation confirms the Investment Court System model contained in the Comprehensive Economic and Trade Agreement (CETA), which will effectively be a dispute resolution process, would not give rise to Constitutional implications.
It is important to recall that any such “court” or tribunal would arbitrate claims for damages or injury due to unfair or discriminatory treatment of a firm from one country by the actions of a Government of another. There is no question of such a tribunal overruling Irish courts or overturning any legislation passed by the Oireachtas. I am not in a position to comment on the judicial systems of other Member States.
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