Wicklow councillors fear EU-Canada trade deal could let firms challenge Irish laws
The Wicklow PeopleCounty councillors in Wicklow have raised serious concerns about the Government’s plan to approve a major EU‑Canada trade deal, warning that parts of it could allow big foreign companies to challenge Irish laws.
Councillors say the Government is moving too quickly to push through new legislation linked to the deal — known as CETA — before the public fully understands how it might affect Ireland’s courts and decision‑making.
The Comprehensive Economic and Trade Agreement (CETA) and its associated Investor Court System (ICS) follow the introduction of the Arbitration (Amendment) Bill 2025, which critics argue is an attempt to bypass a landmark legal ruling.
The council’s stance aligns with local campaigns, such as CETA Free Zone: Wicklow Says No To Corporate Courts, which warn that the ICS allows foreign corporations to sue the State in private tribunals over laws that might impact their profits.
In 2022 the Supreme Court ruled that ratifying CETA’s investment provisions was unconstitutional as it would infringe on the State’s judicial sovereignty.
However, the court also suggested that legislative changes to the Arbitration Act 2010 could potentially remedy these issues.
The Government introduced this Bill in late 2025 to create a new procedure for enforcing tribunal awards while attempting to address the court’s concerns.
Opposition TDs have accused the Government of rushing the legislation by waiving pre-legislative scrutiny and holding late-night votes.
During the local authority’s February monthly meeting, councillors unanimously agreed to support a motion brought forward by independent councillor Joe Behan.
“We're asking that the Government push the pause button so we can study the impact before it's rushed into law, that the potential impact would be studied. That's the point. It's currently like a prevention mechanism. And if there isn't going to be an impact that's fine, but the Government seem to be rushing ahead, and that's the difficulty.
“We know about how important trade is and it's not about stopping trade. It's about ensuring that our own legal integrity is maintained,” he added.
Green Party councillor Lourda Scott expressed her support of the motion too, saying: “Decisions we are making, particularly environmental decisions, are based on national law. We don't to have a system where there's an outside court system. That's why I think it is a good motion. We want to take pause, take heed, have a proper reflection about this, protect our constitution, protect our own laws and ultimately protect the public interest.
“Laws that have been democratically by democratically elected representatives in the Oireachtas could be challenged by an outside company based on loss of profits, costing the State and taxpayer money and ultimately weakening what we have put in place. So that's the risk.
“That's what's happened in other countries, which really underpins why we need to be looking at this very carefully in our country before inviting it in.”
These sentiments were echoed by independent councillor Peir Leonard.
“I think it could influence our environmental policy, Irish farmers and agriculture fundamentally. So often we see a lot of policy coming from the top-down. I think it's so important to pause as Lourda says and really do a good analysis on what the potential impact of this will have on our future generations.”
The Government maintains that full ratification is essential for protecting Irish investments in Canada and that the Bill includes safeguards to ensure awards do not compromise Ireland's constitutional order.