The Canadian government has insisted the contentious investor resolution mechanism of its trade agreement with the EU will not have a âchilling effectâ on European governments including Ireland when drafting environmental, public health or labour laws.
Senior Canadian diplomats based in Dublin and Brussels, as well as the Ireland Canada Business Association, spoke at a virtual meeting of the Oireachtas committee on European on Tuesday. It is scrutinising the Comprehensive Economic and Trade Agreement (Ceta) between the EU and Canada, ahead of a ratification vote in the Dáil.
The agreement had been due to be ratified in December 2020 but was pulled back after several Green TDs threatened to vote against it. Since then it has been the subject of prolonged internal debate within the Greens, which has been a factor in the deep divisions that have emerged in the Government party. One of its TDs, Patrick Costello, has initiated High Court proceedings in relation to the c
Green Party TD lodges High Court challenge over controversial CETA trade deal
The trade deal has divided the Green Party with Costello and TD Neasa Hourigan signalling they will not back the deal. By Cónal Thomas Wednesday 3 Mar 2021, 10:01 AM Mar 3rd 2021, 10:01 AM 18,562 Views 0 Comments
TD Patrick Costello
TD Patrick Costello
A GREEN PARTY TD has lodged a High Court challenge against his own Government over the controversial international trade deal CETA.
Patrick Costello, TD for Dublin South Central, lodged the challenge on Monday against the Comprehensive Economic Trade Agreement (CETA) between the EU and Canada.
Costello told his parliamentary party, including the leadership, on Monday evening after the legal challenge was lodged.
Political Correspondent
Green Party TD Patrick Costello has lodged papers in the High Court regarding the EU-Canadian trade deal, known as CETA, as he believes a referendum may be required for its ratification.
The Dublin South Central TD said his legal advice is that the Comprehensive Economic Trade Agreement involves the transfer of sovereignty and judicial power which is incompatible with the Constitution.
Mr Costello said he was concerned that if an element of the deal known as the Investor Court System came into force, without a referendum, it would be contrary to Article 15 and Article 34 of the Constitution.
CETA has already come into operation but has yet to be ratified by the Dáil.
Opponents of the trade agreement claim it would allow multinationals to sue Ireland through an Investor Courts System (ICS) if strong climate and social rights protections are brought in.
Ms Hourigan has said publicly she will not vote for the deal when it comes before the Dáil.
The three Coalition party leaders have agreed to allow an Oireachtas committee to further scrutinise the deal - but Costello, a TD for Dublin South-Central, says a referendum may be needed.
Legal proceedings seeking a court judgement on the question were lodged on Monday and the case is listed in the High Court as ‘Costello v Government of Ireland and Others’.
Mr Costello said there was a âgood caseâ that a referendum was needed in order to ratify Ceta.
âOn Monday, I lodged proceedings in the High Court to seek clarification on who gets to ratify the Comprehensive Economic Trade Agreement, commonly known as Ceta. I had sought the opinion of counsel on the ratification process, in particular the Investor Court System (ICS) element of Ceta, which will come into effect if ratified.â
In a statement, Mr Costello said the investor court system âinvolves a transfer of sovereignty and of judicial power incompatible with the Constitutionâ.
He said: âIt is the opinion of counsel that there is a good stateable case that the ratification of Ceta, and in particular the ratification of the ICS without a referendum, would be contrary to article 15 and article 34 of the Constitution.