Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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2. To ask the Minister for Communications, Energy and Natural Resources if Ireland is at risk of hydraulic fracturing being introduced if the Transatlantic Trade and Investment Partnership, TTIP, agreement is introduced, especially from the investor-state dispute settlement, ISDS, aspect of the proposed agreement. [10730/15]

Joe McHugh (Donegal North East, Fine Gael)
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As the Deputy may be aware, in June 2013 EU member states authorised the European Commission to commence trade and investment negotiations with the US. These negotiations are ongoing. Their purpose is to reduce barriers to trade and investment in order to generate jobs and growth. Ireland stands to gain significantly from this because of the existing significant flows of trade and investment between Ireland and the US. Briefing and update material on the negotiations can be found on the website of the Department of Jobs, Enterprise and Innovation, www.enterprise.gov.ie.I assure the Deputy that the conclusion of an agreement will have no impact on the public policy approach adopted by Ireland towards the exploration for unconventional hydrocarbon resources.

The scope of the European Commission's mandate to negotiate with the US includes investment protection and the ISDS. Countries sign such agreements in order to set out certain ground rules when foreign companies invest in their territories. The Commission's mandate to negotiate clearly provides that the objectives of any investment protection provision would be without prejudice to the right of the EU and member states to adopt and enforce measures necessary to pursue legitimate public policy objectives, such as social, environmental, security, stability of the financial system, public health and safety, in a non-discriminatory manner.

I assure the House that no decision will be made on any proposal for the use of hydraulic fracturing as part of an unconventional gas exploration or extraction project in Ireland until there has been time to consider the outcome of the Environmental Protection Agency, EPA, research programme directed at examining the potential environmental impacts of hydraulic fracturing.

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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Many people are concerned by the way in which the TTIP and ISDS negotiations are being conducted. Most of the lobbying has been done on the part of big business. There is a great deal of debate, but little has emanated from the negotiations so that citizens might consider the directions taken in decision making. Some have pointed to the example of tobacco companies threatening to take governments to court because the former believed their markets might be damaged by the introduction of health legislation. It is a risk, particularly in light of the ISDS element. If tobacco companies and the like can legally threaten an elected government that is legislating on behalf of the population, TTIP is a bad agreement. It might improve investment and industrial processing, but it will destroy democracy.

Joe McHugh (Donegal North East, Fine Gael)
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In fairness, the Deputy's question was well thought out and I commend him on exploring whether there is a connection, but the answer is in black and white. In terms of the research into hydraulic fracking, the two main pillars for ensuring that the study is done comprehensively and in line with the consultation are the environment and health. The Deputy referred to the importance of people consulting. A high percentage of people have contributed to the pre-consultation stage of the EPA's study and their opinions must be reflected in it. Health is a key component in the consultation, although it was not at the beginning. Health is now represented in the EPA study to ensure that all outcomes and aspects are considered. Consultation is important.

As to the Deputy's question, there is no connection. The EPA's study on this matter is primarily focused on environmental and health issues and is not related to TTIP.

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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The key point is that we should not have granted an exploratory licence. We have brought in a company that pretends to be a friend to the Irish people, has been gathering information and will take the Government and the people to court to protect its imagined future profits. The Minister of State is aware that it has already taken legal action in connection with the Belcoo development. In the US, Canada and Australia, it has taken local and national governments to court because it felt that they were not facilitating its development plans. These are dangerous people. Their job is to take money from national governments. If their company does not take it from the ground in gas and the Government decides that, after all of the explorations, it will not get a licence, it will try the legal route to extract money from us as sure as night follows day. The exploratory licences should never have been granted and we should not treat the company as a potential friend.

Joe McHugh (Donegal North East, Fine Gael)
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The exploratory licences were granted. Although the European Commission will not necessarily set rules in respect of each country, it will have an important role in ensuring an EU-wide approach to anything that will affect the environment, for example, EPA studies and environmental impact assessments. Every private company can use court proceedings at a broad level.

The significance of the study is that it was done on a North-South basis. There is a role for the North-South Ministerial Council to ensure that, while the study is ongoing, the political conversation will be ongoing as well. I do not like the idea of an EPA study being boxed off for two years while, back at the ranch, there is no political conversation. The political mechanism is the North-South Ministerial Council and possibly our Good Friday Agreement committee and the British-Irish Parliamentary Assembly, BIPA. As the Deputy knows, there is a different attitude at governmental level in the UK to this type of process. We are keen to ensure that all of the collaboration and research is done on a North-South basis. That is why we want university expertise from both jurisdictions.