The Oireachtas Committee which was asked to examine the controversial trade deal between the EU and Canada has ended its deliberations in deadlock with the two Green Party members on either side of the argument.
The Committee on European Affairs held virtual hearings for months to evaluate the Comprehensive Economic and Trade Agreement (Ceta).
The hearings were organised after several Green TDs threatened to vote against the deal when it came up for ratification in the Dáil in December 2020.
Fianna Fáil and Fine Gael’s expectations that the Government majority on the committee would lead to a recommendation to ratify have been dashed by a Green Senator deciding to oppose it.
Senator Vincent P Martin opted against ratification of the contentious treaty while his party colleague, the Dublin South West TD, Francis Noel Duffy ultimately supported it.
Sen Martin’s decision left the 14-member committee split down the middle and the report being submitted to the Dáil by committee chairman Joe McHugh makes no recommendation but instead sets out the key arguments of both sides.
The deadlock could mean Government whips find themselves in the same situation as last December, when Green TDs said they would vote against the Government.
The treaty was the subject of a prolonged internal debate within the Greens. One of its TDs, Patrick Costello, initiated High Court proceedings in relation to the constitutional standing of Ceta, a challenge that remains live.
Those opposed to Ceta argue its contentious investor resolution mechanism will have a “chilling effect” on European governments including Ireland when drafting environmental, public health or labour laws.
The main issue of contention in Ceta is the Investor Court System, which critics claims allows private companies to sue European States if their laws impacted on profitability.
The seven committee members who believe Ceta should be ratified are Mr McHugh, Neale Richmond and Senator Regina Doherty (Fine Gael); Mr Duffy; and Dara Calleary, Seán Haughey and Senator Lisa Chambers (Fianna Fáil).
The seven who oppose are John Brady and Ruairí Ó Murchú (Sinn Féin); Marian Harkin (Ind); Brendan Howlin (Labour); Sen Sharon Keogan (Ind); Sen Martin; and Senator Michael McDowell (Ind).
Outlining his reasons for opposing the treaty Mr Martin said: “Must we give up our tried and tested common law system? There is a potential chilling effect. It is usurping the court system of this country.”
He added: “It is something I felt strongly about to have an accurate reflection of the views all of the members on the committee and I am satisfied that that had been achieved.
“Our courts are Independent, tried and tested and we should be very proud of our system. Their work is done in public and is subject to appeal. Under Ceta the arbiter’s decision is final and binding in the Investor Court System.”
Leading Government figures including Tánaiste Leo Varadkar have indicated they would like early ratification of the treaty which was concluded six years ago.
However, the stalemate at the committee may make it difficult to persuade a small number of Green TDs to cast their votes with the Government. This group includes Mr Costello and Dublin Central TD Neasa Hourigan.
