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Paul Murphy Demands Immediate Debate on CETA Concerns

Paul Murphy Demands Immediate Debate on CETA Concerns

Paul Murphy urged an urgent debate on CETA, arguing the government's legislation is insufficient and that constitutional and enforcement issues could leave courts unable to resist investor awards. He also described the abuse at Blackrock College as sickening and shocking, called for a bespoke inquiry model for victims and noted the deferred second-stage vote on the hate offences bill.

CETA debate sought


Paul Murphy said he has written to the business committee seeking a debate on CETA this week and insisted the whole house needs to familiarise itself with the judgment. He argued the legislation as drafted is not sufficient and that the Taoiseach has not read the judgment.

Court enforcement concerns


He cited the judgment’s finding that the constitution does not permit ratification or enactment while defences to enforcement under the ICSID and New York conventions remain circumscribed. He warned that, as proposed, "the High Court would be virtually powerless to refuse the enforcement of a CETA tribunal award" and stressed this is about an investor court system rather than merely trade expansion.

Investor cases cited


Paul Murphy noted that EU membership alone does not prevent investor litigation and referenced Canadian companies suing Romania and Croatia as examples of investor-state disputes. He used those examples to underline the cross-border reach of investor court mechanisms.

Blackrock College abuse response


He described the abuse at Blackrock College as sickening and shocking and said preliminary government-level discussions have taken place. He said Gardaí have issued contact numbers, that timing for further action might be next week, and that any inquiry model should be bespoke to meet victims’ needs and secure resolution; he expressed openness to engage with other members on the approach.

Paul Murphy — frame from statement: Paul Murphy Demands Immediate Debate on CETA Concerns (15.11.2022)

Hate offences bill and procedure


On the hate offences bill, he said there appears to be general support but noted the second-stage vote was deferred until tomorrow night and that committee work could begin this week. He also flagged procedural confusion around dates and amendments that will need to be resolved.

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Transcript
We have written to the business committee, seeking a debate on CETA this week, we think it is absolutely vital that we have it, it is clear that the Taoiseach has not read the judgment, but clearly the whole house needs to familiarise itself with the judgment, because it is clear, if you read the judgment, the legislation is not sufficient, I will quote from her, second, while such legislation is necessary, this in itself would not be sufficient, the constitution does not permit the government to ratify CETA nor the Oireachtas to enact the appropriate legislation giving effect on that decision for so long as the defence is to enforcement of the CETA tribunal award under the ICSID and the New York conventions respectively remain as circumscribed as they currently are, the gravelment of the constitutional obligation which I have upheld is that upon ratification of CETA as is currently proposed, the High Court would be virtually powerless to refuse the enforcement of a CETA tribunal award, it is also incorrect in terms of saying this is just about expansion of trade and so on, this is about investor court system, it is incorrect that being in the EU gives the protection, look at the Canadian mining company suing Romania currently, another Canadian company currently suing Croatia, so we need to debate it this week. I would concur with what the deputies have said in respect to the sickening and shocking nature of abuse at Blackrock College and the scale and the nature of that abuse, I do think we have time, maybe next week might be a better time, we had some preliminary discussions today, we had some preliminary discussions today, government level in respect of this, and we do have to take some advices as well in respect of any court cases that are ongoing in respect of this, I know the Gardaí have issued contact numbers and so on for people to contact them, I have no issue with discussions with members of the House because it is one thing to call for an enquiry, it is a completely different narrative again to try and develop an enquiry, a bespoke model that meets the needs of victims and survivors but also the needs to get resolution, we should learn from experience as best we can in that regard and I am open to engaging with members of the House on that. On the hate offence has been my understanding, I think if we are all generally speaking we are for that bill I take it, but it is the second stage vote tomorrow night isn't it, so the committee can start this week is it, it can start this week tomorrow, but the vote was put back was deferred vote until tomorrow night. Thank you. No, no, no, no, no, no, no, no, sorry, we're not. The case is that the date was gone. Thank you, no. That is not a matter for me, I can't deal with that. Sorry, the issue was in relation to amendments. The colour of the colour of the colour itself goes for me. Let's make it look for you to amendments. 조 moms, do it, let's ask you, Mr. Wanda, that doesn't matter, i am.