Arbitration (Amendment) Bill 2025: Report and Final Stages
Dail Éireann — 2026-04-15
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Duncan Smith (LAB), Dublin Fingal East

I move amendment No. 11:
In page 4, to delete lines 3 to 13.
This amendment would delete subsection (2) of the new section 25A, to be inserted to the Arbitration Act 2010 under section 4 of the Bill. The purpose of the amendment is to allow us time to consider whether subsection (4)(2) of the new section 25A is compatible with agreements such as CETA. If CETA or any other international agreement like it was to be ratified by Ireland and all other member states, it would then become EU law. We cannot then rely on our own constitutional protections as Article 29.4 makes clear. This subsection therefore does not make sense. It is asking us to rely on a constitutional protection that ultimately will not be there. What is more is that investors will be able to simply step outside of the jurisdiction without going to the lengths of arguing whether there are any legitimate limitations as the enforceability of their claims and that is why we are proposing the deletion of subsection 4(2) with this amendment.

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Retrieved: 2026-08-14T04:54:49+00:00
Sitting date: 2026-04-15