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Transatlantic Trade and Investment Partnership

Dáil Éireann Debate, Tuesday - 22 September 2015

Tuesday, 22 September 2015

Questions (103)

Maureen O'Sullivan

Question:

103. Deputy Maureen O'Sullivan asked the Minister for Communications, Energy and Natural Resources his views on the investment State dispute settlement as part of the Transatlantic Trade Investment Partnership, and its ability to challenge indirect expropriation, when the potential profits of an investment may be reduced because of a regulatory change or other decisions by a public authority which includes bans on energy extraction; and if he will make a statement on the matter. [31760/15]

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Written answers

As the Deputy may be aware, in June 2013, EU Member States authorised the European Commission to commence trade and investment negotiations with the US and those negotiations are ongoing. The purpose of the trade negotiations is to reduce barriers to trade and investment in order to generate jobs and growth. Ireland stands to gain significantly from this because of the existing significant flows of trade and investment between Ireland and the US and briefing and update material on these negotiations can be found on the website of the Department of Jobs, Enterprise and Innovation https://www.djei.ie/en/. I can assure the Deputy that conclusion of an agreement will have no impact on the public policy approach adopted by Ireland in the area of exploration for hydrocarbon resources.

The scope of the EU Commission’s mandate to negotiate with the United States includes investment protection and investor state dispute settlement. Countries sign such agreements in order to set out certain ground rules when foreign companies invest on their territory. The EU Commission’s mandate to negotiate clearly provides that the objectives of any investment protection provisions would be without prejudice to the right of the EU and Member States to adopt and enforce measures necessary to pursue legitimate public policy objectives such as social, environmental, security, stability of the financial system, public health and safety, in a non-discriminatory manner.

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