Arbitration (Amendment) Bill 2025: Second Stage
Seanad Éireann — 2026-05-06
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Patricia Stephenson (SD), Labour Panel

During Dáil Committee Stage, the Minister of State acknowledged that trade with Canada has tripled since 2017 and that 99% of CETA is already implemented without the investor court provisions being enforced, and that he has received no complaints from any Canadian companies about the system not being in place. The Government has very much tried to frame this Bill as essential to the continuation of the trade tariff arrangement set out in CETA but this is simply not the case. As we know, nine EU member states also have not domestically ratified CETA and there is little evidence they are going to do so in the near future with any speed. A week ago, the Government belatedly notified Ireland's withdrawal from the Energy Charter Treaty. The EU withdrew last year on the basis that the ECT was not compatible with its climate goals, with companies suing member states for millions when they tried to move away from fossil fuel. The threat of such claims has a regulatory chilling effect on progressive policy and regulation at a time when that is needed more than ever. This is what the arbitration Bill will open us up to. It is incredibly ironic, inexplicable and utterly unacceptable that the Government is still proposing to advance this Bill in this context.
The arbitration Bill proposes to get around the protections afforded in our Constitution. It should give us all pause for thought that we would even be attempting to get around the protections afforded to us in our Constitution. The whole point of this Bill is an attempt to make the investor court system constitutional but the reality is that claims against Ireland can still be enforced outside of Ireland, regardless of the oversight that this Bill purports to provide Irish courts. The reality is that this amendment will not actually give Irish courts any say in tribunal awards from the investor court system.
We need to be very clear that this arbitration Bill is not only about CETA. As per section 25A, it can include any agreement prescribed by any Minister at any given stage in history, without Oireachtas approval. This is the last time Senators will have a say in this. I know someone else mentioned that ratification requires parliamentary approval. That is not true; it requires Dáil approval. This is our last opportunity to have meaningful debate on this. Pre-legislative scrutiny was waived. This is such a fundamental thing. It will last for 20 years, if we ever seek to withdraw from it. That is what is happening with the ECT. The Government is binding us and future generations.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-05-06/debate/main
Retrieved: 2026-08-14T04:54:54+00:00
Sitting date: 2026-05-06