Trade Agreements
Seanad Éireann — 2021-03-22
============================================================

Robert Troy (FF), Longford-Westmeath

From a domestic law perspective, no transfer of judicial power from the Irish courts to the ICS tribunal is provided for in CETA. CETA expressly provides that the agreement is to be interpreted by the ICS tribunal in accordance with the Vienna Convention, along with other rules and principles of international law applicable between the parties. Accordingly, domestic law is to be treated by the tribunal as a question of fact, not law. In that regard, it is bound by the interpretation of the Irish courts. The Government has definitive legal advice from the Attorney General that confirms no constitutional issues arise with CETA.
The Senator is correct that nothing is to be feared by the ratification of this deal. There are many benefits to be reaped from it. The Government is not trying to rush the treaty through. It has been referred to the European affairs committee, which will have the opportunity to extensively examine all the benefits associated with its ratification. At a time when this country is coming from the back of Brexit and trying to overcome the challenges of Covid-19, it has never been more important that we look to embrace international trade and how we can a support our companies trade internationally in order that they can provide good quality jobs for our citizens.
I thank the Senator again for the opportunity to put the facts on the record of the Seanad.

---

Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted.

Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2021-03-22/debate/main
Retrieved: 2026-08-14T04:49:09+00:00
Sitting date: 2021-03-22