Arbitration (Amendment) Bill 2025: Committee Stage (Resumed)
Seanad Éireann — 2026-05-28
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Sarah O'Reilly (AON), Agricultural Panel

I reiterate I do not believe that this should be controversial. Throughout this debate, we have heard repeated reassurances that CETA does not undermine the State's right to regulate. If that is truly the Government's position, there should be no objection to placing that protection directly into Irish law.
The concern many people have is not theoretical. We have seen globally how investor dispute mechanisms have been used against environmental protections, energy transitions, public health measures and democratic decisions taken by sovereign states. We have seen the tobacco companies pursue states over health warnings. We have seen energy corporations seek enormous compensation when governments attempt to change environmental policy. We have seen public authorities threatened with litigation simply for attempting to regulate in the public interest. This issue is not merely whether a state technically retains a right to regulate. The issue is whether exercising that right comes with a threat of massive financial penalties that create a chilling effect on democratic decision-making.
Housing is a particular important example in the Irish context. Future Governments may need to take stronger action in housing markets, land use, rental regulation or public provisions. Public health emergencies may require swift intervention.
Governments must retain the freedom to act without fear that multinational corporations can seek compensation. This amendment simply states that measures adopted for legitimate public policy purposes should not give rise to enforceable awards against the State.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-05-28/debate/main
Retrieved: 2026-08-14T04:55:01+00:00
Sitting date: 2026-05-28