The Supreme Court of Ireland has ruled that parliament cannot ratify the European Union’s free trade deal with Canada unless laws are changed, posing a challenge to the coalition government if it wants to avoid the matter going to a referendum.
Reports have it that the Comprehensive Economic and Trade Agreement (CETA) sets out the removal of tariffs on 99% of all goods types traded between the EU and Canada, some over a period of up to seven years.

It should be noted that since 2017, it has been provisionally in force and has so far been ratified by 16 of the 27 EU member countries, with Germany’s coalition agreeing in June to add its signature.
Reports have it that the Irish government had intended to do so as well through a vote in parliament once it cleared the legal hurdles. Sometime last year, Deputy Prime Minister Leo Varadkar averred that a delay would send out the wrong message on Ireland’s commitment to trade.
But, a member of the ruling coalition challenged it in the courts, arguing that the deal should be put to a referendum because its ratification may affect the ability to introduce regulation, particularly in relation to the environment.
In its ruling, the nation’s apex court said the deal is unconstitutional as Irish law now stands and that parliament would have to make amendments to arbitration laws to permit ratification.

It was reported that the lawmaker who took the case, Patrick Costello, is a member of the junior coalition Green Party and the two larger governing parties would need the support of its smaller partner to pass legislation clearing the block on ratification.
On his part, Varadkar, maintained that the government remained committed to ratifying the deal in full and its initial assessment was that it could do so via legislation without the need for a referendum.
It is germane to note that Irish citizens are entitled to vote on any major changes to EU law and have twice delayed European integration by rejecting referendums before eventually passing them once concessions were offered.
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