Comprehensive Economic and Trade Agreement

Dáil Éireann Debate, Tuesday - 25 October 2016

Tuesday, 25 October 2016

Questions (592, 597)

Thomas Pringle

Question:

592. Deputy Thomas Pringle asked the Minister for Jobs, Enterprise and Innovation further to her reply to Parliamentary Question No. 92 of 12 October 2016, if she will provide immediate clarification of the nature of the charge upon public funds envisaged; the basis for her determination that this constitutional provision is appropriate; if the State intends to rely on Article 29.8 of the Constitution in view of the fact that it will not involve a decision of Seanad Éireann (details supplied); and if she will make a statement on the matter. [31742/16]

Seán Crowe

Question:

597. Deputy Seán Crowe asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 92 of 12 October 2016 (details supplied), if she will provide clarification of the nature of the charge upon public funds envisaged in the Comprehensive Economic and Trade Agreement, CETA; the basis for her determination that this constitutional provision is appropriate for ratifying CETA in view of the fact that it will not involve a decision of Seanad Éireann; and her plans to rely on Article 29.8 of Bunreacht na hÉireann with regard to CETA. [31875/16]

Written answers

Minister for Jobs, Enterprise and Innovation

I propose to take Questions Nos. 592 and 597 together.

As requested by the Deputies, I will provide further information on the Constitutional requirements in relation to the ratification of the EU – Canada Comprehensive Economic and Trade Agreement (CETA). Article 29.8, which states that the State may exercise extra-territorial jurisdiction in accordance with the generally recognised principles of international law, does not appear to be relevant in the context of CETA.

CETA is an international agreement that will not be part of the domestic law of the State. Notwithstanding this, the Constitution sets down a number of substantial and procedural requirements that must be strictly followed whenever an international agreement is being concluded. In accordance with Article 29.4.1 of the Constitution, the conclusion of CETA is an exercise of the executive power of the State in connection with its external relations and is therefore concluded by, or on the authority of, the Government.

Article 29.5.1 provides that every international agreement to which the State becomes a party shall be laid before Dáil Eireann. Article 29.5.2 provides that the State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement have been approved by Dáil Eireann. CETA is an international agreement between Canada, the EU and the EU Member States. Consequently, the provisions of Article 29.5 of the Constitution apply to CETA. Article 29.5 does not provide any role for Seanad Eireann in this process.

As the Deputies will be aware, the Council Decision provides that the provisions in CETA in relation to investment protection and investment dispute resolution will be excluded from provisional application. However, upon full entry into force, involving the approval of all 28 Member States, CETA provides for the establishment of a permanent Tribunal of fifteen Members to hear claims for violation of the investment protection standards established in the Agreement. The operation of this Tribunal could give rise to a possible charge on public funds as part of the EU Budget.