Arbitration (Amendment) Bill 2025: Second Stage
Seanad Éireann — 2026-05-06
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Thomas Byrne (FF), Meath East

It is one we put in the programme for Government that we wanted to do. The Government has very carefully considered the decision of the Supreme Court in the Costello case. Unlike the Opposition, we have not picked and chosen certain paragraphs of the decision we like or do not like. Mr. Justice Hogan's recommendations and suggestion were endorsed by the Supreme Court. Let us not start this American system of four, three, six, one; six of the judges endorsed that. One did not and that judge was highlighted by Senator McDowell but six of the Supreme Court judges agreed with Mr. Justice Hogan. The Government now in putting this Bill forward is addressing what the Supreme Court suggested and addressing its findings in order to ensure Irish law may enable Ireland's ratification of these EU trade and investment agreements.
A number of issues have been raised by Senators. One relates to the right to regulate. I have to call out Senator Sarah O'Reilly's suggestion that there is some route for a company to sue for lack or profits. I suggest that Senators who make these statements and claims of misinformation in the Seanad read the treaty. The treaty states in CETA Article 8.9(2):
For greater certainty, the mere fact that a Party regulates, including through a modification to its laws, in a manner which negatively affects an investment or interferes with an investor's expectations, including its expectations of profits, does not amount to a breach of an obligation under this Section.
The agreements include Articles which affirm that parties and governments preserve their right to regulate for public policy purposes. They also provide that investment protection provisions shall not be interpreted as a commitment from governments that their legal frameworks will remain unchanged. It does not tell the Oireachtas it cannot change the law for public benefit. The agreements further clarify that the fact a measure may negatively affect an investment or investor's expectation of profits is not sufficient to say the measure is inconsistent with the agreements. I draw the attention of the Seanad to the commitment to preserving the right to regulate is reflected not only in the substantive articles addressing the issue but also in the preamble to the agreements, in the general treaty structure and, to address concerns with CETA, a joint interpretative instrument was drafted.

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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