Dáil Éireann Debate, Tuesday - 9 April 2024
380. Deputy Robert Troy asked the Minister for Enterprise, Trade and Employment the current status of full ratification of CETA; and if he considers the recent decision by the French parliament to reject CETA will impact on the agreement. [14378/24]
View answerAs 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, CETA 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 CETA.
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 Supreme Court ultimately ruled on this case 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.
Regarding the recent vote in the French Senate, while I am aware of the outcome, the procedures to be followed in regard to ratification of CETA in France are an internal matter for that country, and it would not be appropriate for me to comment.
However, I would again reiterate that CETA continues to apply on a provisional basis allowing tariff-free trade between the EU and Canada. With Ireland exporting over €6 billion worth of goods and services to Canada in 2022, the evidence of the tangible benefits of CETA only continue to grow.
