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DÁIL ÉIREANN · FORMER

Donnchadh Ó Laoghaire

Cork South-Central · Sinn Féin · Ireland

IN THEIR OWN WORDS

That is important and the Minister and I share that view, much as we disagree on how it is not right to get rid of the triple lock. We have made that very clear and we think there is scope to deploy on peacekeeping missions elsewhere.

SITTING OF 2026-07-16 · READ THE OFFICIAL REPORT

As I probably will not get more questions and it is my last contribution before the recess, I wish to take the opportunity to thank the staff of this institution and the Ceann Comhairle's office, who serve us so well.

SITTING OF 2026-07-16 · READ THE OFFICIAL REPORT

We have all probably been guilty of the offence of going over time at different stages, I am sure. Despite our disagreements in relation to the triple lock, I think the Minister and I agree that peacekeeping missions are important.

SITTING OF 2026-07-16 · READ THE OFFICIAL REPORT

In the context of the previous question, I submitted another question that was ruled out of order, which is fair enough. I probably did not word my question as precisely as Deputy Gibney worded hers. I record my concern about legal representation in that regard. It is important to say that. This question relates to another welfare issue.

SITTING OF 2026-07-16 · READ THE OFFICIAL REPORT

The Minister said that she is not pushing anybody to the courts. I am not a doctor and cannot make a clinical decision, but if people suffered negative health outcomes that they believe have a connection to their clinical exposure, and they have never taken a case, how precisely is the Government going to help them?

SITTING OF 2026-07-16 · READ THE OFFICIAL REPORT

The Minister talks about the need to ensure that Defence Forces personnel have the ability to deploy internationally and are not prevented from participating in rescue missions. I have no problem at all with head No. 7. Actually, most of the legislation is fine. It is just head No.

SITTING OF 2026-07-16 · READ THE OFFICIAL REPORT

The complete record

Every one of 902 lines we hold for Donnchadh Ó Laoghaire, in date order, each linked to its source. Free to read, in full, without an account. Page 5 of 19.

  1. It is legislation constructed and passed by these two Houses on the basis that our troops should serve on peacekeeping missions that are mandated by the UN. If we are going to be serving on peacekeeping missions that are not mandated by the UN, under which auspices are we undertaking those peacekeeping missions or other missions generally?

    SITTING OF 2026-05-07 · READ THE OFFICIAL REPORT

  2. The Minister thanked the committee and I acknowledge that. It was under a different Minister, and I would say it is not an unheard-of occurrence, but it is remarkable that Government TDs and Senators on the committee were whipped to prevent extra hearings because there was such a rush in terms of this legislation, and now it is many months since that process was concluded. I find that hard to understand. We had a desire within the committee to ensure that it would see full scrutiny. Members of the committee were clearly whipped to prevent the extension of it. That was a tremendous shame. I would make the point to the Minister that the triple lock is a protection for future Governments as well. More importantly, I would make the point that it is our decision. The Defence (Amendment) Act is Irish legislation.

    SITTING OF 2026-05-07 · READ THE OFFICIAL REPORT

  3. The volatile nature of the world underlines all the more the reason that Ireland needs to maintain an independent foreign policy. Central to that policy, as was articulated by members of the Government while in opposition is the triple lock. This is a crucial protection for our neutrality. I would like an update as to where this legislation stands and what consideration the Minister has given to the pre-legislative scrutiny report from the committee.

    SITTING OF 2026-05-07 · READ THE OFFICIAL REPORT

  4. That is the reality in too many of these homes in Desmond Square, Fort Street and Dean Street. Those complexes still do not have clarity about what is happening. Nobody deserves to live in such conditions and it is the responsibility of the Minister to address that.

    SITTING OF 2026-05-06 · READ THE OFFICIAL REPORT

  5. People renting in the private sector have to deal landlords who let people live in poor conditions but as far as I am concerned, the State and the Minister, as the landlord, are neglecting people. The Minister is leaving them in the cold and damp. Some of the conditions in these flats are appalling. They are way beyond their shelf life. I have heard stories of children who have cut their hands on jagged railings that have rusted away to nothing. There are issues with subsidence. There is a need for urgent investment. This is in the Taoiseach's constituency. I ask the Minister to speak to the Taoiseach. He should visit these flats. I am sure he has passed them many times. He should see the conditions. No family in any form of accommodation in this country should have to deal with rodents crawling all over their kitchens.

    SITTING OF 2026-05-06 · READ THE OFFICIAL REPORT

  6. At the end of the day, the buck stops with the Minister. He spoke about misinformation and referred to progress happening. It was said that progress is glacial but at least a glacier moves forward a small bit. Tenants in Cork City Council flats in Togher, including those on Cherry Tree Road, Sycamore Place, Togher Road, Clashduv and Hazel Road, have seen no progress in the past three years. I have dealt with one tenant over the past couple of months who has had issues with a chimney collapsing and a banister falling off the stairs in the flat, and is now dealing with a rodent problem. Throughout this, Cork City Council has not offered the tenant alternative accommodation. At the end of the day, there has been no investment in these flats and no prospect of it as far as I can see. There are profound issues.

    SITTING OF 2026-05-06 · READ THE OFFICIAL REPORT

  7. I have spoken to tenants in various Dublin City Council properties and I know they feel the exact same as tenants in Cork City Council flats. They feel that when it comes to housing, they are at the absolute back of the queue. It is a case of out of sight, out of mind and they are shuttered away. Not only has the Government neglected buildings, it has neglected people. These people are watching their children with lung conditions becoming unhealthy. Every year they are throwing out bags of clothes and other possessions because of damp. They are dealing with rodents and very often local authorities tell them it is their problem, despite the fact that they are local authority buildings. There are issues with how city councils in Dublin, Cork City Council and elsewhere manage properties.

    SITTING OF 2026-05-06 · READ THE OFFICIAL REPORT

  8. We should continue to offer political and diplomatic support and, where required, humanitarian and civilian support in practical ways that are consistent with our neutrality. Russia's military aggression cannot be rewarded. It is clear there needs to be accountability. The policy of the Irish Government in conflicts around the world has been to use means such as this to exert pressure on countries in flagrant breach of international law. We must again focus on these efforts and use our voice to increase diplomatic and political pressure, including sanctions. Clearly, mechanisms such as this are important to ensure appropriate compensation.

    SITTING OF 2026-05-06 · READ THE OFFICIAL REPORT

  9. In order to ensure meaningful peace talks that can deliver a just, sustainable peace that respects Ukraine, it is clear that more international pressure on Vladimir Putin, particularly from Europe and the United States, is required. Sanctions on this particular energy company would be a key form of sanction to increase pressure. I urge the Minister to make a clear statement that she will make this a priority and build momentum for sanctions in this area of atomic energy in the next package. We recognise and support the fact that Ukraine continues to require support politically and diplomatically. It is clear where the fault lies and who is the aggressor. It is Vladimir Putin and the Russian Federation.

    SITTING OF 2026-05-06 · READ THE OFFICIAL REPORT

  10. Tá tuilleadh arduithe ar phraghsanna leictreachais os ár gcomhair amach, ach tá Fianna Fáil agus Fine Gael fós sásta suí siar agus faic a dhéanamh. Tá cáinaisnéis éigeandála agus creidmheasanna fuinnimh ag teastáil láithreach. Clearly, sanctions are agreed at a European level but there is no reason Ireland should not show leadership on the issue and should not specifically push this issue that would have a very clear political and diplomatic impact. Ministers in the past have said they support it but they have been coy as to whether they will make that a specific priority and vocally call for that at a European level.

    SITTING OF 2026-05-06 · READ THE OFFICIAL REPORT

  11. Clearly, it will have to ensure compliance with the sanctions. I have raised in the past the fact that while there have been a wide range of sanctions against Russian individuals and companies, despite the centrality of atomic energy to the Russian economy and war effort the Russian atomic agency, Rosatom, has not been sanctioned. I want to encourage the Minister to raise this issue at a European level and encourage actions. The issue of sanctions against the atomic agency is a very clear priority for the Ukrainian Government, as articulated by President Zelenskyy in mid-February. Mr. Zelenskyy was rightly critical of the reluctance of European governments to act to tackle to this and sanction the agency and the people who control Rosatom.

    SITTING OF 2026-05-06 · READ THE OFFICIAL REPORT

  12. Clearly, when we talk about accountability the only true accountability for those families is that their children are returned to them. The Government has been vocal on this but it needs to continue to make this a priority. We can only imagine the heartbreak those families are enduring due to these callous abductions. That is a crucial part of accountability. Accountability cannot simply be about financial compensation - it must involve doing right by the families who are most directly affected. I believe the European Union will soon look at the 21st package of sanctions. In the context of the 20th package, which included an increased focus on aluminium, it is important we get clarity from the Government on what it intends to do in relation to aluminium to ensure it is effective.

    SITTING OF 2026-05-06 · READ THE OFFICIAL REPORT

  13. During the past winter we all saw and read terrible reports of Ukrainian energy workers collapsing from exhaustion as they worked in incredibly challenging circumstances to keep the Ukrainian energy system going in order to sustain the economy, to ensure healthcare continued to function and to serve the needs of the Ukrainian people. They must continue to be supported. The issue of accountability is crucially important. As I said, the Irish Government should represent the people’s desire that this accountability be exercised without fear or favour in relation to any particular country, but it is important in terms of the accountability piece that on an individual level justice is done. The Ukrainian ambassador has spoken with great passion and prioritised the issue of the abduction of children by the Russian Federation.

    SITTING OF 2026-05-06 · READ THE OFFICIAL REPORT

  14. We have since seen appalling atrocities at Bucha, Zaporizhzhia, Mariupol and other locations, attacks on civilian infrastructure, the direct targeting of civilians and the barbaric abduction of children. Sinn Féin and this House have been emphatic in our condemnation of this and the people of Ireland have responded commendably in supporting Ukrainian families and through contributions to various charitable causes. The past four years have seen the Ukrainian people suffer many hardships. The situation on the ground remains very severe and it is important to continue to support assistance for civilian, humanitarian and non-military purposes, especially the need that exists to bolster civilian infrastructure, with a particular emphasis on energy infrastructure.

    SITTING OF 2026-05-06 · READ THE OFFICIAL REPORT

  15. The objective of this convention is to hold the Russian Federation to account for damage, loss or injury caused by internationally recognised wrongful acts committed by it in or against Ukraine. This is something Sinn Féin fully supports. We are told that the commission will be an administrative body and will review, assess and decide on claims for compensation for damage, loss or injury caused by such acts, including the amounts of compensation, but will not be responsible for payment of compensation. Over four years ago Vladimir Putin and the Russian Federation engaged in an act of aggression and imperialist expansion against Ukraine and its people.

    SITTING OF 2026-05-06 · READ THE OFFICIAL REPORT

  16. It is important that Ireland's position, as part of an independent foreign policy that has been prized by all parties and by people from every political perspective in this House, is that the Irish Government calls out breaches of human rights, whether they are by countries we have friendly relationships with or otherwise. That is crucially important. A multilateral system that has strength and mechanisms of accountability is in the interests of small countries, as far as Sinn Féin and I are concerned. It is important that there is accountability for crimes and wrongful acts under international law, whether those are crimes arising from Russia's invasion of Ukraine, the genocide committed by the Israeli state, the illegal occupation of south Lebanon, or the multiple illegal wars that successive US Administrations have engaged in.

    SITTING OF 2026-05-06 · READ THE OFFICIAL REPORT

  17. Beimid ag tacú leis an rún. Tá sé tábhachtach go mbeidh cuntasacht ann agus go mbeidh pionós ar an Rúis de bharr na héagóra atá déanta i gcoinne na hÚcráine. We support this motion. We believe it is important for Ireland to continue to do what it can to support vulnerable people in Ukraine and elsewhere and to support the protection of human rights and international law globally. It is important in this debate, which is framed very much in the context of international law, accountability and compensation, that the Government be clear and robust in its defence of the multilateral system. It is very explicit and clear in this area but in others it could have done with being more clear about breaches of international law.

    SITTING OF 2026-05-06 · READ THE OFFICIAL REPORT

  18. However, I urge the Department to provide a date - even an approximate one - by which the school will get stage 2 approval, so that it can understand when the project will move on. I make the point again that the school will not be able to deliver the number of autism classes it wants to deliver. The school leadership has the appetite and desire to deliver as many autism class places as possible. It will not be able to do that until such time as the school has the permanent school building, its permanent home, for the coming decades and generations.

    SITTING OF 2026-04-23 · READ THE OFFICIAL REPORT

  19. I have acknowledged, and I hope the Minister of State will also acknowledge, that it is never ideal for a school to be split across two sets of buildings. It is a difficult situation to manage. When we talk about prioritisation, it should be taken into account that the school was given a commitment that its project would be prioritised. The context was that five years ago the school was told the building that had been clearly identified for the new school would no longer be available to it. The roadmap changed. The goalposts were shifted right at the last minute. The school was due to move into that building in September 2021. That option was removed and it now looks like it will be September 2027 at the earliest before the school moves. The Minister of State will not be able to provide a date right now.

    SITTING OF 2026-04-23 · READ THE OFFICIAL REPORT

  20. If that is something the Minister of State could facilitate or help to facilitate, I will take him up on it. This is, of course, frustrating. The schools is looking for answers. When will the project go to stage 2? We can say the school delivery team has so many projects and it is hard to get through them all, but if the Government, at the highest level, is setting a target for the delivery of that many schools, it clearly needs to ensure the team is resourced enough to get through them. There are many other schools as well, as the Minister of State has alluded to, that are waiting for answers. That is not good enough. This is imposing a huge constraint on the ability of the school to operate. It is under a lot of pressure.

    SITTING OF 2026-04-23 · READ THE OFFICIAL REPORT

  21. The school is not getting any answers. Everything asked of it was submitted before June 2025. The target of 2027-28 is not much more than a year away. The school wants to know when the project will go to stage 2 and whether it is possible to achieve the deadline. Its ability to grow and prosper as a school community is being undermined by the lack of answers and lack of a clear plan for the school.

    SITTING OF 2026-04-23 · READ THE OFFICIAL REPORT

  22. People are obviously concerned about the future given the school's inability to plan. The school is also split across two sets of buildings. I am sure the Minister of State has come across this before. It is far from ideal for a school in terms of planning, staff, supervision of children during breaks and ensuring the whole school community stays tight together. That it is currently split is not good enough. The Minister of State will be familiar with the need to ensure there is adequate provision of special autism classes. There are currently two autism classes. The plan for the design of the permanent building includes approval for five autism classes, recognising local need given the very young population in the area. Obviously, those classes cannot be delivered until the school building is delivered.

    SITTING OF 2026-04-23 · READ THE OFFICIAL REPORT

  23. These indicated the school could possibly move in 2027-28, which is potentially as soon as the school year beginning next September. Stage 1 - design and review - documentation was submitted in June 2025, which is eight or nine months ago at this stage, but as of now, the project has still not been signed off to go to stage 2. It has not progressed beyond stage 1 during that period. No communication has been received by the school or patron in relation to when the project will progress. This has clear implications. There are a number of schools in the area and parents are trying to evaluate the future prospects for the school and the children. This is hindering the school's growth. It is a fantastic school with a strong school leadership and a fantastic school community around it.

    SITTING OF 2026-04-23 · READ THE OFFICIAL REPORT

  24. A site was soon identified for the school's permanent location but the building in question was reallocated to another school in March 2021. Owenabue national school had been due to move into that building the following September. That was a huge setback for the school but, at the time, it was given clear assurances by the Department of education that it would be treated as an urgent priority. It was confirmed in 2021 that the permanent accommodation would be a new-build. A site was identified over three years ago and subsequently purchased in Janeville, a new, large housing estate built on the northern end of Carrigaline. Since then, the board of management and school leadership have been trying to engage with the Department of education. The project was commenced and meetings were held in May 2024.

    SITTING OF 2026-04-23 · READ THE OFFICIAL REPORT

  25. I will give the Minister of State some of the context in a moment but the simple ask is that the children, staff and parents connected to Owenabue Educate Together National School want to know what the plan is and when their project will go to stage 2. The current situation is totally unsustainable. The school was opened in 2020. To give some context, Carrigaline is probably a bit like places in the Minister of State's constituency. The town has grown rapidly, from about 12,000 people in 2006 to 15,000 or 16,000 by 2016, and the population will quickly reach 20,000. There are huge numbers of young people and children and a massive need for additional school places in the area. In 2020 or earlier, the Department proposed a new school and the new Owenabue Educate Together National School was opened in 2020.

    SITTING OF 2026-04-23 · READ THE OFFICIAL REPORT

  26. During my contribution, I addressed the next package of sanctions against Russia, in particular Rosatom, which is the Russian atomic agency. Is this something the Irish Government is specifically referencing? I know it said it was supportive of it, but is it specifically calling for it? Second, it is five or six months since the European Council had conclusions on Sudan, as I mentioned earlier. Kaja Kallas made some comments yesterday on the European Council. It is important that the pressure remains. Can the Minister of State comment on any discussions that happened on Sudan, either at the meeting or during bilaterals on the fringes of it?

    SITTING OF 2026-04-22 · READ THE OFFICIAL REPORT

  27. It is the view of people from the Sudanese community and those experts I have mentioned that, until such time as this issue reaches a point close to the top of the agenda in Europe and the United States, the war will continue. The conflict has now been ongoing for nearly five years. It is crucially important that Europe starts to raise its voice. Ireland needs to lead the charge in that regard. The flow of weapons has obviously been affected by the war in the Middle East but it continues nonetheless and has resulted in the slaughter of tens of thousands of Sudanese civilians over recent years. It is not acceptable. I urge the Minister to ensure this is a priority in future meetings of the European Council.

    SITTING OF 2026-04-22 · READ THE OFFICIAL REPORT

  28. If you talk to international experts, humanitarian organisations, human rights organisations and the Sudanese community here in Ireland, they will make the point very clearly that this conflict will continue. We have seen the slaughter continue in recent weeks and months. Some 50 people were killed at a wedding and there was a further massacre of civilians in El Fasher. Day after day, people are being killed but, because it is happening on the African continent, it barely raises any comment. I do not direct that remark at the Minister of State but, across the political establishment throughout Europe, it draws very little attention.

    SITTING OF 2026-04-22 · READ THE OFFICIAL REPORT

  29. This sanctions package did not include atomic energy, the Russian atomic agency, Rosatom, and the officials connected to it and it is important that the next sanctions package does. The Ukrainian President, Volodymyr Zelenskyy, has clearly called for Rosatom and all who are associated with it to be included in a sanctions package. I have asked the Minister of State about this before and he has said he is in favour of it. It is important that Ireland makes its voice heard in pressing for that to be included in the next sanctions package. That would be an effective action. In the last session of post-European Council statements, I expressed disappointment and frustration that the conflict in Sudan was not referenced. That is remarkable.

    SITTING OF 2026-04-22 · READ THE OFFICIAL REPORT

  30. The reputation and credibility of the EU is in tatters due to this. It is incredible that it has failed to take any meaningful action against Israel. We are moving into a very dangerous world for everyone if we continue to allow international law to be undermined without consequences. If we stop enforcing international law on one country, we risk giving a free hand to all rogue states to act as they see fit. The Minister of State, Deputy Byrne, highlighted to the Taoiseach the issue of the recent sanctions package. At this stage, attention will now turn to the next sanctions package. The new sanctions package identifies aluminium as a subject of sanctions. That obviously has implications for Ireland. It is right and important that aluminium be sanctioned. Will the Minister of State comment on that issue?

    SITTING OF 2026-04-22 · READ THE OFFICIAL REPORT

  31. Israel has violated human rights in Palestine and Lebanon, and the EU has still not taken action. Despite multiple legal opinions and the clear evidence we have seen on our screens, the EU has shown absolute cowardice when it comes to standing up to Israel. It is abundantly clear that Israel has violated the human rights conditions of the agreement. The agreement is predicated on respect for human rights by virtue of Article 2. It is very obvious that Israel is in breach of that article. It is important to remember that suspending the association agreement is not a sanction. It is a decision to correctly apply the provisions of the agreement, particularly Article 2, which clearly predicate the entirely beneficial trading arrangements that Israel enjoys on respect for human rights.

    SITTING OF 2026-04-22 · READ THE OFFICIAL REPORT

  32. It is reasonable to ask what it would possibly take for the European Union to suspend the EU-Israel trade agreement. What possible threshold must be met and what new horrors and breaches of international law are required before it moves away from its position of intransigence and failure? At times, we have debates in relation to the EU and some on the benches opposite try to make the Sinn Féin position on Europe sound complicated. I think it is pretty straightforward. We do not propose to leave the European Union. We want to be in it but we are extremely critical of it. This is one of the areas we are critical of. The EU's handling of the conflict in Palestine has been appallingly shameful. This is a further example. It reflects the Union's abject failure. The failure to stand up for international law is an act of cowardice from the EU.

    SITTING OF 2026-04-22 · READ THE OFFICIAL REPORT

  33. Looking at the current crisis that we face, we are more vulnerable than most countries across Europe to rising oil and gas prices because of the Government's failure. Companies that have looked to invest in wind energy, particularly floating offshore wind, have taken their resources and invested elsewhere because the pace is so slow here. The Government is set to miss its 2030 targets by a country mile. The opportunities for Ireland are huge as well as our obligations in terms of reducing emissions. Tá deis dhochreidte ann, go mór mór timpeall an chósta, do phobail, do chathracha agus do bhailte ach níl an Rialtas ag baint buntáiste aisti. Níl sé sin maith go leor. Ordinary Irish consumers will pay the price and the planet will pay the price for the failure to deliver on renewables. It is totally inadequate.

    SITTING OF 2026-04-22 · READ THE OFFICIAL REPORT

  34. We have some of the highest energy prices in Europe particularly when it comes to electricity and people are absolutely crippled with it. This affects domestic users and also small and medium-sized businesses. When I talk to the owners of small and medium-sized businesses about the pressures they face, energy costs are right up there and nowhere near enough is being done. What is happening with renewables is incredibly frustrating. We could have had the same debate ten years ago and we would be saying every community building and school across the State should have solar panels and they should be supported to do so. A comparatively very small number of them do, even though the appetite is there, because the Government schemes are not there to support it.

    SITTING OF 2026-04-22 · READ THE OFFICIAL REPORT

  35. However, the frustration people have is that they feel their efforts are not only being undermined but being completely wiped out ten times over by the policies of this Government. The efforts that people make by recycling, reducing their energy and upgrading their homes disappear into a puff of vapour when compared with sweetheart deals that are being provided for data centres. We have the absolutely glacial pace of delivery of retrofitting and likewise with renewable energy. Of course, it is frustrating for people when they are making these efforts when they are trying to make decisions in their own life and they are seeing the effective subsidisation of these enormous energy consumers, such as data centres.

    SITTING OF 2026-04-22 · READ THE OFFICIAL REPORT

  36. Climate change has real and profound implications for us here in Ireland and right across the world. Here in Ireland, as globally, it is most likely those on the lowest incomes and the poorest who will potentially pay the highest price. I think the Irish people understand that very clearly. Sometimes when listening to these debates, we might imagine that the Irish people are yet to be persuaded that climate change is real and we need to tackle it. I do not believe that is the case. Of course, there will always be a need to continue to highlight these issues but in my experience, people are more aware than ever. I see more enthusiasm for tiny towns, biodiversity projects and river cleaning than I have ever experienced.

    SITTING OF 2026-04-22 · READ THE OFFICIAL REPORT

  37. She made the point to me that if they were missing for 20 days from school, she would be put under pressure but the State is not holding up its responsibility.

    SITTING OF 2026-04-21 · READ THE OFFICIAL REPORT

  38. I do not know how it is, the way it has been an annual occurrence every April, May and June that we have debates of this nature instead of it being resolved at the start of the year. It is totally unfair on parents who are trying to figure out what is happening in September. I will give one example of a girl, Tessa. I was speaking to her mother Jenna earlier. They have applied to eight schools, all of which refused or added her to waiting lists. They have since applied for three more. Her daughter is a flight risk and she is non-verbal. She is a single mother with two other children. She is under huge pressure and stress, trying to understand where her child is going to be. She is already in the system. She is in Sonas, a special education early years facility. She has two other children.

    SITTING OF 2026-04-21 · READ THE OFFICIAL REPORT

  39. I want to take the opportunity to mention once again, and I know the Minister of State will be particularly aware of it, the issue in relation to Carrigaline special school. I welcome the additional resources but more is needed, particularly in terms of the multidisciplinary piece. Like my colleagues, I think many issues need to be addressed. The issues with therapies are enormous. The waiting lists are getting bigger and bigger and the CDNTs are absolutely buckling under pressure, in Cork particularly but also across the State. I know there are excellent, very committed therapists in all of them but they are under incredible pressure to try to keep up. We are here yet again debating the issue of school places.

    SITTING OF 2026-04-21 · READ THE OFFICIAL REPORT

  40. I make the point again that the whole fiasco in relation to SNAs was symptomatic of a wider attitude. An awful lot of SNAs and parents viewed it as the Department and the Government trying to pull a fast one, failing to recognise the manner in which the role of the SNAs has changed, even though it was apparent to everyone. It was entirely obvious to anyone who took the time to examine what an SNA how much the role has changed and how much more complex it is now, with the huge responsibilities they have now. The Government was trying to change the goalposts and doing things back to front, instead of evaluating correctly the current role. That is symptomatic. So much of this is back to front.

    SITTING OF 2026-04-21 · READ THE OFFICIAL REPORT

  41. Where a public policy decision is arrived at by an Irish Government and is challenged by a company, and a decision is made against it at an investor court, in our view there is nothing in the legislation that makes it clear in what circumstances this can be set aside. It talks very clearly about the enforcement, but it is the non-enforcement that is the issue we are most concerned about and in what circumstances it can be set aside. The legislation is far too vague in this regard and, as I have said, I would be very surprised if it does not end up before the courts again.

    SITTING OF 2026-04-15 · READ THE OFFICIAL REPORT

  42. They are non-justiciable but they give a very high-minded and ambitious sense of the importance of the ability of the State to intervene in terms of the social good. They talk about the manner in which private property ultimately must be balanced with the need to recognise the public good. The ambition in this recognises the fact that the State has to be able to intervene, make policy and make decisions to ensure the good of the Irish people. We are outsourcing the ability to make decisions or at least undermining our ability or the ability of our courts to have the final say on this kind of thing.

    SITTING OF 2026-04-15 · READ THE OFFICIAL REPORT

  43. There is no protection under this legislation for an award made against Ireland in the investor courts when an attempt is made to enforce it in another court. I would also make the point that in our estimation the Bill does not do even the minimum required by the Supreme Court and, potentially, we have concerns, which we address in a later amendment that we probably will not reach, that CETA tribunals could undermine decisions taken by the people in referendums. Mr. Justice Charleton, in his description of it, said the proposed changes would breach EU law and so are likely to be undone by the EU courts, leaving us with no protection. To come back to the fundamental point because we do not have a lot of time left, ultimately one of the most interesting parts of the Constitution comprises the guiding principles on social policy.

    SITTING OF 2026-04-15 · READ THE OFFICIAL REPORT

  44. There could not be because the court system is not in place in any event but there are cases against Ireland currently under the Energy Charter Treaty with potential amounts, if found against the State, of hundreds of millions of euro. They are significant cases. I do not understand the logic when the world is turning against this, the expert adviser to the UN is talking about how the ISDS cannot be reformed, in other words, no reform is adequate for the investor court system with the North American Free Trade Agreement moving away from it and the Irish Government moving away from it. What makes the Irish Government think somehow this would be different? The point made by Deputy Gibney is crucial.

    SITTING OF 2026-04-15 · READ THE OFFICIAL REPORT

  45. I can take a nod or something like that either. I suspect the Minister of State and certainly the Government very much supported the clear party line vote of Government TDs to not proceed with pre-legislative scrutiny within the committee. He might not have had much to do with the football decision but I think he has something to do with the decision to rush this and not allow pre-legislative scrutiny, which is probably a bigger issue than the guillotine but that is profoundly wrong as well. We are getting to three or four amendments out of dozens; it is utterly unacceptable. The Minister of State talked about the fact that there were no decisions concerning CETA and Ireland.

    SITTING OF 2026-04-15 · READ THE OFFICIAL REPORT

  46. The Minister of State he had nothing to do with the scheduling of the football debate. I am sure that is true albeit it is an important debate. It is a pastime enjoyed by hundreds of thousands of people. Perhaps he can tell us if he had anything to do with the decision to propose a guillotine or did he encourage it?

    SITTING OF 2026-04-15 · READ THE OFFICIAL REPORT

  47. We have more than adequate remedies for companies, individuals, trade unions and representative organisations that feel a decision that has been arrived at that is unfair.

    SITTING OF 2026-04-15 · READ THE OFFICIAL REPORT

  48. It does not require claimants to exhaust domestic remedies and there is still the issue of the sovereignty of our courts. There are multiple examples. Deputy Smith gave some. The Antin case is a significant example as well. I would be very surprised if this managed to sustain itself through the courts because it does not make it sufficiently clear. What the Costello judgment called on the Government to do is to make it very clear in what circumstances Irish courts could set aside decisions of an investor court - ISDS, ICS or whatever you want to call it. It must be clear in what circumstances it can set those aside but that is not at all clear and consequently I am concerned about the implications of that for the sovereignty of our courts and their ability to make decisions.

    SITTING OF 2026-04-15 · READ THE OFFICIAL REPORT

  49. There is a difference between the ISDS and the investor courts system but it is in form rather than substance. Ultimately, the Irish courts or the Irish government will have the same difficulty, potentially. It is true there are permanent judges and more transparency in the sense of openness and so on but in terms of the power they have when they make a decision against an Irish government because of some policy decision it takes we will still be in the same position. Again, I ask for the Minister of State's opinion on why the world is moving away from this. Why are the Canadians and the Americans moving away from NAFTA? Why is this Government proposing to move away from it in the form of the Energy Charter Treaty? A number of difficulties have been raised with the current system.

    SITTING OF 2026-04-15 · READ THE OFFICIAL REPORT

  50. This is opening the door to this system potentially being used for trade deals with any number of countries around the world, and trade deals that are not even anticipated. It clearly opens the door for that and undermines our own domestic court system. That is very serious and dangerous. It could potentially lead to the State being significantly liable. We have amendments later on asking the Government to publish annually any costs that might be incurred by the State through this court system into the future. We are rushing the legislation and that is profoundly wrong.

    SITTING OF 2026-04-15 · READ THE OFFICIAL REPORT