Arbitration (Amendment) Bill 2025: Report and Final Stages
Dail Éireann — 2026-04-15
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Sinéad Gibney (SD), Dublin Rathdown

Does the Minister of State understand the ability of the CETA joint committee to amend the text of CETA, which is effectively what Mr. Justice Hogan described as "quasi-legislative" capacity bypassing the Oireachtas? If the Minister of State is wrong, we will be exposed for 20 years even after we signal withdrawal and possibly more given that the whole EU may need to withdraw. The CETA joint committee can amend elements of the text, adding to interpretations on areas where we will be exposed. I will read from paragraph 17 of Mr. Justice Hogan's judgment in the Costello case:
Would the ratification of CETA be unconstitutional inasmuch as Article 25 CETA allows for the Joint Committee to give interpretative decisions which bind the CETA Tribunals, thus compromising the democracy guarantee in Article 5 of the Constitution? Answer: Yes. An interpretative ruling of this kind is really a form of quasi-legislation which in practice amounts to a de facto amendment of CETA. Even though such an interpretative decision might well – and probably would — involve a (potential) charge on public funds in the course of what might well amount to the de facto amendment of an international agreement, there would be no procedure whereby the prior consent of Dáil Éireann could be obtained in the manner required by Article 29.5.2.
That is Article 29.5.2° of our Constitution. The killer point is that the defence provided in section 25A of the Bill only works if the claim comes before our courts. This is a false protection the Government is putting forward under section 25A. It is a scurrilous vehicle to bypass the constitutional protection we all treasure. It leaves our State exposed.

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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