Robert Troy
Question:551. Deputy Robert Troy asked the Minister for Enterprise, Trade and Employment the current status of full ratification of CETA. [37200/23]
View answerMonday, 11 September 2023
Questions (551)
Written answers
As the Deputy will be aware, the Comprehensive Economic and Trade Agreement between the European Union and Canada (CETA) is a mixed agreement containing both EU and Member State competencies.
Only those parts of the agreement for which the EU has exclusive competence, which are the trade elements, have been provisionally applied, pending the completion of each Member States' ratification procedures. To date, the Agreement has been ratified by 17 EU Member States.
The Investment Court System (ICS), which provides for the settlement of investment disputes, is an area of Member State competence and has therefore been excluded from the provisional application of the Agreement.
In March 2021, Deputy Patrick Costello commenced High Court proceedings based on his view that CETA requires a referendum in order for the Agreement to be ratified in Ireland. The High Court found against Deputy Costello in its September 2021 judgment, however following an appeal to the Supreme Court, the Court ruled in favour of Deputy Costello’s appeal on 11 November 2022.
By a 4:3 majority, the Supreme Court ruled that the Constitution of Ireland precludes the Government and Dáil Éireann from ratifying CETA as Irish law now stands. However, the Court also ruled by a 6:1 majority, that certain amendments to the Arbitration Act 2010, would allow ratification to proceed.
The Government remains committed to the ratification of the Agreement and is taking advice from the Office of the Attorney General with a view to informing next steps.