A cross-party group will host an event this afternoon, Thursday December 4, at 3pm to scrutinise the government’s Arbitration (Amendment) Bill 2025, the legislation designed to allow this government to ratify CETA and any future government to ratify further agreements with investor courts.
This event is even more timely as the Dáil debate on the bill is set to begin next Tuesday.
The government blocked pre-legislative scrutiny of the proposed Bill at the Joint Committee on Foreign Affairs and Trade, despite a number of very serious concerns being flagged, so opposition spokespeople will be undertaking public scrutiny themselves with civil society experts.
The event is being facilitated by Lynn Boylan MEP and will be chaired by independent Senator Alice-Mary Higgins.
Opposition spokespeople participating are Donnchadh O’Laoghaire TD (Sinn Féin), Duncan Smith TD (Labour Party), Sinéad Gibney TD (Social Democrats) and Paul Murphy TD (People Before Profit).
Civil society experts participating include Professor Gus Van Harten (Osgoode Hall Law School, York University, Canada), Leah Sullivan (CAN Europe campaigner on investor-state dispute settlement), Barry Finnegan (Comhlamh Trade Justice Group and Lecturer in European Politics at Griffith College) and Stuart Trew (Director of the Trade and Investment Research Project (TIRP), Canadian Centre for Policy Alternatives).
Speaking ahead of today’s event, Senator Higgins said: “The Arbitration Bill requires proper scrutiny and it raises very significant concerns. It is important to be clear, there is no ‘trade’ justification for rushing this process. The Trade component of CETA, involving the actual sale of goods and services between Ireland and Canada, is already happening under Provisional Application since 2018. Ratification is solely about the introduction of new Investor Courts which will allow corporations to seek major compensation from countries like Ireland if they feel their future profits are unfairly impacted by public policy decisions. Opening ourselves up to this avoidable risk is extremely serious. That is why each country is required to make its own decision on this element, that is why the Supreme Court blocked previous government attempts to rush ratification through and that is why this public event to shine a light on the issues is so important.”
Teachta Ó Laoghaire said: “What the government is proposing to do, ramming through without any detailed scrutiny, legislation with huge implications for the sovereignty of our courts, for workers’ rights, for the environment, has very little precedent in these institutions. This issue has already been before the Supreme Court and raises serious issues regarding the sovereignty of our courts to make their own decisions. It also raises fundamental questions about our priorities when it comes to trade deals, whether alongside creating jobs are we serious about workers’ rights, standards and the environment or are we only concerned about the profits of large corporations. This is significant legislation, and it needs detailed scrutiny and I welcome the opportunity to scrutinise it in detail on Thursday.
Deputy Smith said: “I have been clear from the beginning that there are real concerns about this legislation and that is why I was opposed to waiving pre-legislative scrutiny. This government has shown a consistent disregard to the views and concerns of the opposition throughout this Dáil term. This is completely unacceptable and I welcome the opportunity to work across parties and with expert voices to ensure that this legislation does receive public scrutiny.”
Deputy Gibney said: “It’s clear that investor courts could have a huge impact on our ability to act in the best interest of our citizens when it comes to dealing with climate change or other global and national challenges. Any alteration of the freedom of elected governments and legislators to make policy and law, for the benefit of private companies, represents a potential erosion of our democracy. We can’t allow our hands to be tied by powerful companies when it comes to defending our citizens and our planet.”
Deputy Murphy said: “Fianna Fail and Fine Gael are trying to rush legislation through the Oireachtas that will prioritise corporate profits over the needs of people and the environment. This important event will shed light on the shadowy world of investor courts that the Government is seeking to hide from the public.”
MEP Boylan said: “I am glad to be facilitating what should be an engaging and informative event. The Government is playing with fire when it comes to introducing investor courts in Ireland. We must be clear that this will hold us back on climate, housing, public services and many other areas. The proposed legislation needs public scrutiny and I hope that those who want an Ireland that fights climate change, builds public housing and delivers quality public services will join us on Thursday.”
