Patrick Costello has signalled he would vote against the Coalition in the Dáil again if the Government seeks to push through the ratification of the Ceta trade deal which includes controversial investor courts.
He said it will be a matter for the Green Party’s TDs and Senators to decide if this would impact on his readmittance to the party fold.
The Dublin South Central TD lost the party whip six months ago over a different Dáil vote, where he opposed the Government.
Mr Costello suggested that the Ceta issue may not return to the Dáil for a vote in advance of the next elections, due to the complexity of legislating for this month’s Supreme Court judgment that its proposed ratification is unconstitutional.
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That judgment came about after Mr Costello’s successful legal battle to prove the investor courts aspect of Ceta is unconstitutional.
However, in an interview with The Irish Times, he was insistent that he could not support the European Union’s trade deal with Canada if it includes investor courts.
[ TD’s case over Ceta shines a light on contentious investor courts systemOpens in new window ]
Such courts would have the power to make enforceable decisions on disputes between Canadian investors and EU member states.
Mr Costello said they could “utterly torpedo any sort of climate action” and could “get in the way of us, or any future government, putting in progressive legislation around housing, health and workers’ rights”.
His remarks come in advance of consideration of his readmittance to the Green Party’s parliamentary party.
Mr Costello and another Green Party TD, Neasa Hourigan lost the party whip for six months for voting against the Government in a Sinn Féin Dáil motion on the new National Maternity Hospital.
Their suspension was due to end on Friday.
Mr Costello said there are some issues around the process of reapplying that need to be worked out but he expected the decision on readmission will be made by the parliamentary party.
Asked about how Mr Costello and Ms Hourigan’s return to the party fold will be handled, a Green spokeswoman said: “The Green Party has not yet received an application from Patrick Costello and Neasa Hourigan for readmission to the parliamentary party. We look forward to receiving their request.”
A majority of Supreme Court judges ruled that the ratification of the Comprehensive Economic Trade Agreement (Ceta) would “breach the judicial sovereignty of the State”, contrary to the Constitution.
Most of the judges agreed that the Government might solve the unconstitutionality and ratify Ceta if certain amendments to the Arbitration Act are made.
Both Taoiseach Micheál Martin and Tánaiste Leo Varadkar this week strongly defended the trade deal and told their parties – Fianna Fáil and Fine Gael – that a referendum will not be required for ratification.
Mr Costello favours a referendum, which he said would be the “most democratic” way of resolving the Ceta issue.
The Green Party position following the Supreme Court judgment is that it wants to take time to “examine the next steps” and “discuss it with our partners”.
Mr Costello said he wants to return to the Green Party fold, saying: “I don’t see any other party that’s fighting climate change as aggressively.”
He said the party has “made huge strides” in pushing real climate action in Government with strong legislation and “massively increased” funding for public transport.
However, asked if there were issues he would struggle to support the Government on in the Dáil, he said: “If there’s moves towards facilitating investor courts in Ceta, that’s going to be a problem.”
He warned that: “If you allow them [the investor courts] in, it stops all the other stuff that we want to do, or we need to do.”
Mr Costello said real estate investment trusts (Reits) majority owned by Canadians could use such courts to block rent controls or eviction bans. He said issues such as the minimum wage and workers’ rights could be the subject of investor court proceedings.
Asked if he would vote against ratifying the Ceta deal in a Dáil vote if it still includes investor courts, Mr Costello indicated he would.
He said the trade elements of the Ceta deal are working without the investor courts, and suggested there may be “too many legislative hurdles” to changing the Arbitration Act in the way that would avoid the need for a referendum.
He said the prospect of an amended Ceta deal not being brought back to the Dáil before the next election is “realistic” as “the legislative challenge is a lot bigger than people think”.
Asked if he was concerned his comments could impact on his return to the Green Party fold, he said: “That’s a decision for the parliamentary party.”
Mr Costello – who is married to Green Party councillor Hazel Chu – said losing the legal action had the potential to be “utterly crippling” in financial terms, and “we would have had to sell the house”.
He said that there was a lot of “introspection” before he decided to take the initial High Court action.
“Hazel was always very supportive and didn’t blink when I, you know, spoke about the potential risks here.
“And we decided it was the right thing to do.”
