Written answers

Wednesday, 14 December 2022

Department of Communications, Climate Action and Environment

Departmental Legal Cases

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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31. To ask the Minister for Communications, Climate Action and Environment the number of threats of legal action and or legal cases that have been brought against the State by energy investors between 1995 and 2021 including international arbitration; and if he will make a statement on the matter. [62525/22]

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)
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Although no legal cases have been brought against Ireland under the Energy Charter Treaty, significant concerns remain about the compatibility of the Energy Charter Treaty with the Paris Climate Agreement and about the ECT’s dispute resolution mechanism, which allows investors to sue States, who are party to the ECT, for failing to protect energy investments, in particular fossil fuel energy investments in the context of decarbonising energy systems. We have expressed our strong views within the EU and we believe that our views carry more weight in international negotiations by advocating them as part of the European Union. We continue to reserve the option to support a co-ordinated EU withdrawal from the ECT if it is not modernised to align it with the Paris Agreement and to address our concerns and support the international effort to decarbonise electricity systems and promote more renewable energy. To date, Ireland has not withdrawn from the ECT because a majority of EU Member States, and the European Commission, are still signed up to the Treaty, while a modernisation reform process of the ECT is being negotiated. Ireland will review its position having regard to the outcome of the ECT Conference and in this context, if a decision is made for a coordinated exit of EU Member States from the Treaty, Ireland will support that position and withdraw.

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