Sir, – Farrel Corcoran (October 3rd) argues Europe's high food and safety standards are "bargaining chips" in our international trade talks. Not so. The EU's guiding principles on food and safety standards will not be diluted in any way in the EU-Canada trade deal (CETA). This is abundantly clear from the text of CETA.
A plain text reading of article seven says that “the Parties reaffirm their right to regulate within their territories to achieve legitimate policy objectives, such as the protection of public health, safety, the environment or public morals, social or consumer protection or the promotion and protection of cultural diversity”. If that’s the position on CETA, how credible is it for the EU to argue a dramatically new position when it comes to the Transatlantic Trade and Investment Partnership (TTIP)?
Another argument he advances is the colourful prospect where “corporate investors scavenge for profits by suing governments”.
This ignores that governments can currently be sued. Plain packaging for cigarette is a case in point. Irrespective of CETA and TTIP, two separate legal actions against the Irish Government on this issue are already under way in both the UK and Irish courts.
Having a system to protect investors from arbitrary decisions is not unusual in trade deals. When the UK leaves the EU, we in Ireland and in all remaining EU member states will need exactly such a system to make sure that we are protected against arbitrary rulings that a future British government or a British court might make, a point made by former taoiseach John Bruton earlier this week.
In the current TTIP proposal, judgments in cases of despite would be given by publicly appointed, independent, legally qualified arbitrators. Investors could only bring a case in precisely defined and limited areas such as discrimination on grounds of gender, race, religion, or nationality or denial of justice. Not public policy decisions.
All proceedings will be transparent and all documentation available online. Advocacy groups, like those working on human rights, will be able to intervene. This is very different to what have been in place with previous international trade agreements.
I want to stress there is no deal between the EU and the US. – Yours, etc,
BRIAN HAYES MEP,
Donnybrook,
Dublin 4.