A Chara,

 

I am very concerned about the Investment aspects of the CETA trade agreement in relation to the Wellbeing of Ireland: On Feb 9th Government announced the launch of their Wellbeing Framework for Ireland, which is in the programme for government 2021 and will be working with NESC to develop this. Richard Bruton articulated it very well on Twitter: “wellbeing indicators must be embedded in our political process, so they can drive, guide, inspire and measure public policy … What gets measured is what gets done” (Twitter, Feb 9th, 2021).

This is a welcome commitment. I would like to draw your attention to NESC's 2009 report Wellbeing Matters, particularly its definition of wellbeing and six domains for assessing wellbeing:

 

"a person’s wellbeing relates to their physical, social and mental state. It requires that basic needs are met, that people have a sense of purpose, that they feel able to achieve important goals, to participate in society and to live the lives they value and have reason to value. People’s well-being is enhanced by conditions that include financial and personal security, meaningful and rewarding work, supportive personal relationships, strong and inclusive communities, good health, a healthy and attractive environment, and values of democracy and social justice"(NESC, 2009)

 

Ratification of CETA and the power of its Investment Court System to sue governments who introduce legislation that threatens a foreign investor’s expected profits, raise serious concerns for the wellbeing of the people of Ireland in ALL six domains. Examples related to the six domains identified in NESC Well-Being Matters (2009) include:

 

 

• Economic Resources: - p. 72 

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• Pension reform in an ageing population leaves us open to litigation from Canadian companies like Great-West Lifeco (Irish Life) if policy impacts their profits 

 

• Work and Participation: - p.79 

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• Egypt was sued for raising the Minimum wage by Canadian company Veolia, and tied up in litigation for six years – Veolia is also based in Ireland with contracts for the Luas under their company Transdev.

 

• Veolia are also a giant water corporation with contracts for wastewater management in Ireland and a reputation for hostile acquisition behaviour

 

• Relationships and Care: - p.88

 

• A grave concern that needs full legal/constitutional scrutiny “…almost any regulatory or institutional aspect of healthcare provision can be challenged as a potential obstacle to the free movement of services” (Vanhercke et al, 2017, p.136). 

 

• Community and Environment: - p.95

 

• Irelands biggest landlord is the Canadian company IRES. If the government introduces legislation, such as rent control, to address the current housing crisis, or nationalises public assets like apartment blocks, under CETA’s ICS we can be sued.

 

• Canadian companies Vermilion Energy and Irving Oil are two of Ireland’s largest energy investments, how will this impact our Climate Action commitments to transition away from fossil fuels?

 

• Alstom who have the Luas maintenance contract sued Mongolia in an Investment court under the Energy Charter Treaty

 

 

• Health: - p.104

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• Public health policy improving access to affordable healthcare and generic medicines e.g Cancer medicines; may result in litigation from drug companies like Novartis (Friends of the Earth, 2019, p.20) and private health insurance companies like Great-West Lifeco (Irish Life) 

 

• Democracy and Values: - p.116

 

• ICS is outside of the EU/Irish judicial systems. If people cannot exercise democracy, then we are stripped of our democratic rights to participate in decisions that affect us. 

 

• In terms of Cultural Identity, Equality and Rights for Irish speaking citizens, have all documents related to CETA /ICS been made available as Gaeilge?

 

• Ratification of an undemocratic litigation mechanism that places our national wellbeing at risk, erodes Trust in National Political Institutions – identified by NESC as a key indicator of wellbeing. 

 

NESC’s Wellbeing report states that: "Public policy’s role is to bring about these conditions by placing the individual at the centre of policy development and delivery, by assessing the risks facing him/her and ensuring the supports are available to address those risks at key stages in his/her life"(NESC, 2009).  

 

Since ALL six domains of the multiple and interconnected dimensions of wellbeing are placed at risk by the threat litigation may have on regulating public policy (facilitated by the ICS mechanism in CETA): 

 

I call upon ALL Oireachtas Committees focused on the wellbeing of the people of Ireland to commence full scrutiny of the CETA Trade Agreement – including the Department of the Taoiseach. 

 

I would be most grateful for your urgent and swift response on this matter to outline your intended plans and timescale for Oireachtas Committees to commence full scrutiny of CETA. 

 

Yours sincerely, 

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YOUR NAME HERE

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