Arbitration (Amendment) Bill 2025: Report and Final Stages
Dail Éireann — 2026-04-15
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Donnchadh Ó Laoghaire (SF), Cork South-Central

There is a difference between the ISDS and the investor courts system but it is in form rather than substance. Ultimately, the Irish courts or the Irish government will have the same difficulty, potentially. It is true there are permanent judges and more transparency in the sense of openness and so on but in terms of the power they have when they make a decision against an Irish government because of some policy decision it takes we will still be in the same position. Again, I ask for the Minister of State's opinion on why the world is moving away from this. Why are the Canadians and the Americans moving away from NAFTA? Why is this Government proposing to move away from it in the form of the Energy Charter Treaty? A number of difficulties have been raised with the current system. It does not require claimants to exhaust domestic remedies and there is still the issue of the sovereignty of our courts. There are multiple examples. Deputy Smith gave some. The Antin case is a significant example as well. I would be very surprised if this managed to sustain itself through the courts because it does not make it sufficiently clear. What the Costello judgment called on the Government to do is to make it very clear in what circumstances Irish courts could set aside decisions of an investor court - ISDS, ICS or whatever you want to call it. It must be clear in what circumstances it can set those aside but that is not at all clear and consequently I am concerned about the implications of that for the sovereignty of our courts and their ability to make decisions. We have more than adequate remedies for companies, individuals, trade unions and representative organisations that feel a decision that has been arrived at that is unfair.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-04-15/debate/main
Retrieved: 2026-08-14T04:54:49+00:00
Sitting date: 2026-04-15