What is the upcoming CETA-related vote in the Dáil and Seanad all about? What is the connection between CETA and the Arbitration (Amendment) Bill 2025? Comhlámh Trade Justice Member Group explains.
As we approach the end of 2025, the Irish Government has tabled the Arbitration (Amendment) Bill 2025 with the stated purpose to “enable effect to be given in the State to certain international agreements concerned with the protection of investment; and to provide for related matters”.
This Bill specifically refers to EU trade agreements with Canada and Chile and will cover any other agreement prescribed by the Minister for Foreign Affairs and Trade.
This bill was introduced in response to the Supreme Court’s November 2022 judgment in Costello v. Government of Ireland, in which a 4-3 majority held that ratification of CETA would be unconstitutional under the law as it stood. The court also found by a 6–1 majority that if certain amendments were made to the Arbitration Act 2010, it would then be ratified without breaching the Constitution.
An important point to note is that part of CETA is already in force. According to the Department of Enterprise, Tourism and Employment website: “The Comprehensive Economic Trade Agreement (CETA) entered into force provisionally from 21 September 2017. This means that Irish companies may now take advantage of the all important provisions of CETA, including the elimination of tariffs on almost all key exports, access to the Canadian procurement market, the easing of regulatory barriers and more transparent rules for market access. It is of interest to Irish business and consumers as it removes over 98% of tariffs.”
So this Bill is not about improving trade for Irish companies. It is about exposing Ireland to the risk of being sued by foreign investors, on account of state actions that are perceived as negatively affecting their investments, through an Investor Court System (ICS). Ironically, Ireland has signalled its intention to exit the Energy Charter Treaty precisely to avoid such risks.
Learn more about CETA below and sign the Stop CETA petition on Uplift.
LEARN MORE ABOUT CETA