Willie Penrose (Longford-Westmeath, Labour)
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283. To ask the Minister for Jobs, Enterprise and Innovation her plans to ensure a full debate takes place in Dáil Éireann in relation to the Comprehensive Economic and Trade Agreement, CETA, trade deal with Canada with special focus of the investor state dispute settlement, which permits and empowers foreign companies to sue sovereign governments when laws are enacted nationally which interfere or restrict such companies projected unearned profits; if the Government is rejecting this private court system; and if she will make a statement on the matter. [35701/16]

Willie Penrose (Longford-Westmeath, Labour)
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284. To ask the Minister for Jobs, Enterprise and Innovation if it is the intention of the Government to pursue under an Article 218 (II) reference to the European Court of Justice under the Treaty of the Functioning of EU to clarify the legality of the investment arbitration proposals in Comprehensive Economic and Trade Agreement under EU law; and if she will make a statement on the matter. [35704/16]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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I propose to take Questions Nos. 283 and 284 together.

On 30 October 2016, EU leaders and the Canadian Prime Minister met in Brussels for the 16th EU-Canada summit and signed the EU-Canada Comprehensive Economic Trade Agreement. CETA is a comprehensive and progressive trade agreement between the EU and Canada. It removes over 99% of tariffs that currently hinder trade between the EU and Canada. It is expected to increase bilateral trade by €12 billion per year, and to generate growth and new jobs on both sides of the Atlantic.

Given the position taken by Ireland and other Member States, the Commission submitted CETA to the Council for decision as a mixed Agreement. That is one requiring both EU and individual Member States ratification. As this process may take a number of years to complete the Agreement provides for provisional application. The Agreement has now been signed so the next step is the ascent of the European Parliament.

It is important to note that investment protection and investment dispute settlement provisions have been excluded from the provisional application of the Agreement. This means these provisions will not come into being until voted for by the Dáil and every other Member State according to their constitutional requirements.

The EU and Canada have also agreed a legally binding Joint Interpretative Instrument that has been added to CETA to provide further assurances in relation to public services, labour rights, environmental protection and investment.

The Government does not propose to seek an opinion from the European Court of Justice on the legality of the Investment Court System in CETA under EU law. The Deputy will be aware that the opinion of the ECJ has already been sought in relation to the EU Singapore Free Trade Agreement and the outcome of this case is awaited.

CETA and the EU’s other trade agreements help to open new markets, break down barriers and provide new opportunities for Irish firms. Ireland stands to gain substantially from this Agreement and I am looking forward to Irish firms enjoying the benefits and new opportunities as soon as possible.