Written answers

Tuesday, 29 July 2025

Department of Foreign Affairs and Trade

Trade Agreements

Photo of Sinéad GibneySinéad Gibney (Dublin Rathdown, Social Democrats)
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137. To ask the Minister for Foreign Affairs and Trade to provide detailed clarification of the potential access and the protections to market access, arising from the so-called "negative list" in the CETA trade agreement; and if he will make a statement on the matter. [43990/25]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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In trade agreements, parties can lay out their commitments and their exceptions to trading according to two different techniques; Positive listing and Negative listing.

Negative listing, as used in the Comprehensive and Economic Trade Agreement between the EU and Canada (CETA), has seen both parties detail all the exceptions and conditions to the commitments contained in the trade agreement. The negative list states areas where we wish to apply limitations. This means that within CETA all service sectors, save for those listed, are open to foreign investment and trade.

Ireland's specific reservations are listed in an Annex to the agreement, along with all Member states. In this sectors such as agriculture, mining and quarrying, business and legal services, health and veterinary services and fishing and maritime transport are all listed with reservations. Some reservations cover general principles of non-discrimination between domestic and foreign entities, some cover access to markets and allow us to protect specific sectors from being fully liberalised under CETA. In some cases these reservations outline the national requirements that must first be fulfilled before the activity can be undertaken under the terms of CETA.

Our reservations can serve to support our domestic business ecosystem while at the same time encouraging market access and economic growth though new trading opportunities with Canada.

CETA remains provisionally applied pending all EU Member State ratification, doing so is a commitment within the Programme for Government.

Photo of Sinéad GibneySinéad Gibney (Dublin Rathdown, Social Democrats)
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138. To ask the Minister for Foreign Affairs and Trade if he will provide an update on Ireland's position as outlined in the European Commission Review of Trade and Sustainable Development Ireland position paper for 2022; and whether it is still the position of the Government that trade agreements that Ireland is party to should "demand an increased focus on environmental, social and governance dimensions of trade"; and if he will make a statement on the matter. [43991/25]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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The EU's common commercial or trade policy is an exclusive EU competence. Ireland supports the efforts of the EU to promote values-based trade, linking trade to sustainability issues such as climate change, labour standards and human rights.

The Irish Government is committed to supporting free, fair and open trade. Our EU membership makes us part of the growing network of EU Free Trade Agreements, supporting more opportunity for trade and investment, helping support jobs and growth at home, maintaining strict EU standards on food safety, animal and plant health, and supporting better environmental and human rights standards around the world.

The Government’s Trade and Investment Strategy 2022-2026: Value for Ireland: Values for the World emphasises trade as a powerful driver of prosperity, well-being and improved living standards while recognising in parallel that civil society demands an increased focus on environmental, social and governance dimensions of trade.

Ireland continues to support and seek to influence the EU’s Trade and Sustainability (TSD) agenda as a priority area, drawing on key principles from Ireland’s position paper submitted to the European Commission Review of Trade and Sustainable Development in 2022, such as our support for a country specific approach on TSD that is mindful that countries are at different levels of development, and our prioritisation of a cooperative approach with trade partners on TSD.

Photo of Sinéad GibneySinéad Gibney (Dublin Rathdown, Social Democrats)
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139. To ask the Minister for Foreign Affairs and Trade if he will request a strengthening of regulatory enforcement mechanisms in CETA before attempting to ratify it in Ireland (details supplied); and if he will make a statement on the matter. [43992/25]

Photo of Sinéad GibneySinéad Gibney (Dublin Rathdown, Social Democrats)
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140. To ask the Minister for Foreign Affairs and Trade to confirm that "The State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement shall have been approved by Dáil Éireann" as detailed in Article 29.5.2° of the Constitution with regards to any potential ratification of CETA; and if he will make a statement on the matter. [43994/25]

Photo of Sinéad GibneySinéad Gibney (Dublin Rathdown, Social Democrats)
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141. To ask the Minister for Foreign Affairs and Trade if Ireland is held to any explicit timeline for progressing the ratification of CETA, noting that at least nine other European Member States have yet to do so; if Ireland it potentially at risk of a challenge for not making a ratification decision; and if he will make a statement on the matter. [43995/25]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 139 to 141, inclusive, together.

The EU-Canada Comprehensive and Economic Trade Agreement (CETA) remains provisionally applied by the EU and Canada as it has been since 21 September 2017. As the process of national ratification across all Member States can take a number of years to complete, provisional application allows the areas for which the EU has exclusive competence to be applied provisionally pending entry into force. This has allowed Irish companies to take advantage of the beneficial terms of CETA and the new market opportunities it has provided including the elimination of tariffs on almost all key exports.

To date, CETA has been ratified by Canada and 17 of the 27 EU Members States, most recently by Germany in December 2022. The ratification of CETA is a Programme for Government commitment.

I received Cabinet approval in May to introduce a Bill to amend the Arbitration Act 2010, which if enacted would facilitate the ratification of CETA and other similar Free Trade Agreements with third countries that include investment protection provisions. I can confirm that if the Arbitration Amendment Bill is enacted, the process for the ratification of CETA will of course follow the relevant Constitutional requirements.

The Government is strongly in favour of ratifying CETA. The global economy is changing in ways that are making trade more important than ever before. As a small, open economy, Ireland fully supports free, fair and balanced international trade. Ratifying CETA is firmly in the interests of workers, taxpayers and businesses throughout Ireland, the EU and Canada. Hundreds of thousands of jobs are dependent on Ireland being open to trade and a supporter of free trade agreements. Equally, we must remain open and competitive for FDI.

Furthermore, it is the case that only once ratification of CETA by all Member States and Canada has taken place that efforts to upgrade provisions of the agreement can be taken forward, including regulatory enforcement mechanisms with regard to labour and environmental protection. This is yet another reason to ensure the swift ratification of CETA.

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