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Ireland 'would benefit' from the EU-China investment deal (if it ever passes) - but what's in it?

The investment agreement is expected to be formally frozen by the European Parliament tomorrow.

This month, The Journal’s Good Information Project is discussing China and how Ireland relates to one of the biggest economies in the world

THE EUROPEAN UNION’S trade commissioner has said that Ireland’s small, open economy would benefit from the ratification of the EU’s investment deal with China – but it could be a long time before we find that out for ourselves. 

Valdis Dombrovskis said Ireland is one of the countries that would benefit from the global rulemaking of the EU-China Comprehensive Agreement on Investment (CAI), which is meant to offer EU companies more predictable access to Chinese markets and smooth the path for more Chinese investment in Europe.

The CAI was agreed in principle last December to address “the economic imbalance” in the trading blocs relationship but has been on ice due to escalating political tensions over China’s human rights record. The deal is set to be officially packed away should the EU Parliament pass a motion to formally freeze progress on the CAI  unless reactionary sanctions imposed by China on some members of the European Parliament are lifted. 

The motion, seen by Politico, also calls of the Commission to step up its coordination with the US to deal with China, and that any trade deals with Taiwan “should not be held hostage” by the deal with Beijing.

The EU Commission has been saying for some weeks now the deal is in the freezer, rather than being completely dead. However, it’s unlikely that we will see the freezer door open anytime soon. 

The EU’s stance on the Chinese government has hardened in the last few months - most notably when it joined the US, Canada and the UK in the sanctioning of senior Chinese officials accused of being involved in the mass internment of Uighur Muslims in Xinjiang province. 

Whether the potential benefits of the investment deal are enough for both sides to put aside their political distaste for each other is now looking far harder to predict than it was just five months ago.   

Firstly, what’s the deal? 

The deal has been a long time coming: the first round of talks between the two blocs took place in January 2014 and concluded on 30 December 2020 when the EU and China reached an agreement in principle during the 35th round of negotiations.

The EU-China CAI, designed as a standalone investment agreement rather than a free trade agreement, is considered a lower form of bilateral investment treaty that provides some guarantees of protection for businesses investing in the other. 

The agreed text addresses several areas but can be broken down into three main elements: a level playing field; improved market access; and commitments in areas of sustainable development. 

China’s market is considerably less open than the European Union, with access to a number of sectors restricted or prohibited to foreign investors – specifically in industries such as telecommunications, finance, and healthcare.

The agreement sets out to create new investment opportunities for European companies by opening China’s market, excluding the prohibited sectors mentioned above, and eliminating laws and practices that had previously prevented them from competing in the Chinese market on an equal basis with Chinese companies.  

EU companies operating in China do not benefit from the same levels of transparency and fair competition as those enjoyed by Chinese companies in the EU market, so in an effort to level the playing field the deal aims to protect European companies’ intellectual property, enhance transparency on subsidies paid to Chinese public companies, ban forced technology transfer - a practice in which foreign businesses are forced to share their tech in exchange for market access. 

It also eliminates in some sectors the obligation for European firms to have a Chinese partner when entering the country’s vast market.

However, China’s long-standing rules around strategic sectors would remain in place, with the People’s Republic set to maintain a “negative” list of around 30 key sectors in which it excludes or limits foreign investment, particularly in mining, energy, media or culture. 

The other area of sustainable development – linked with the UN’s sustainable development goals – is about encouraging responsible investment and promoting core environmental and labour standards.

China has made commitments in the areas of climate change, corporate social responsibility, the environment and labour rights. For instance, China pledged to “effectively implement” the Paris Agreement and to “make continued and sustained efforts” to ratify the International Labor Organisation (ILO) conventions on forced labour.

The issue of labour rights is probably the most contentious element of the deal: China is accused of using forced labour of the Uighur Muslim minority in the northwest Xinjiang region throughout its textile supply chains — an allegation Beijing roundly refutes. The announcement of the deal last December prompted backlash from many MEPs who voiced concern over Xinjiang, as well as the erosion of Hong Kong’s autonomy.

Beijing imposed a sweeping national security law on Hong Kong last year, which has seen months of pro-democracy protests. 

If the CAI deal passes, progress is to be reviewed regularly at the level of Executive Vice President on the EU side and Vice Premier on China’s side and disagreements would be governed by a state-to-state dispute resolution mechanism.

Another working group would be set up to monitor the implementation of sustainable development commitments for which a different dispute resolution mechanism would apply which ultimately would involve an independent panel of experts, the text of the CAI notes. 

The road to ratification was estimated to take about one year for the agreed-upon text to undergo a legal review – but that timeline is now uncertain. 

An in-depth analysis of the EU-China CAI by the Centre for European Policy Studies (CEPs) concludes that the prospects of the European Parliament endorsing the Agreement look remote due to the sanctions on MEPs.

The dispute escalated suddenly in March when the EU imposed sanctions, including travel bans and asset freezes, on four party and Xinjiang regional officials because of their actions against the Uyghur Muslim minority.

Beijing swiftly hit back with punitive measures on European politicians and academics – including key MEPs who would need to back the pact to get it ratified.

“Sanctioning parliamentarians violates their parliamentary privilege and legal immunity to speak without fear or favour,” an analysis by the think-tank says. “China should therefore consider lifting these sanctions as soon as possible, as a first step towards relaunching the EU legislative process to ratify the CAI.” 

“Only by doing this will the Parliament be able to undertake genuine debate on the merits of the CAI, taking into account China’s alleged human rights abuses, as the members see fit.”

The think-tank also outlines that China will be legally bound to honour its pledges in implementing the Paris Convention and ratify the ILO forced labour conventions should the deal pass, although “it is recognised that the enforcement process will be long and complex”. 

Dr Isabella Jackson, assistant professor in Chinese history at Trinity College Dublin, explains that from China’s perspective, “they are very consistent in being against foreign interference in what they see as their domestic affairs and they also apply that internationally”.

“They’ve been criticised for not getting involved in what’s been going on in Myanmar because they genuinely don’t interfere in other countries’ domestic affairs, and they don’t think anyone else should do that either.

“They’re not going to listen to foreigners telling them that they’re abusing human rights because it draws on a kind of historical sensitivity when Americans and European did interfere.”

She said politically there’s strong nationalist resistance to listening to critiques of China’s internal affairs so foreign actors doing so won’t achieve much.

“China would rather people saw it as a kind of positive force in the world, and they do care what people think about them internationally,” said Jackson. “So while they won’t listen to hectoring, they will adapt policy, or narratives at least, in response to what’s being said internationally.” 

Another hurdle

The tensions between China and the EU are not the only roadblock in getting the deal ratified. After a period of isolation during the Trump presidency, the EU is undergoing a geopolitical realignment of sorts. 

The now-uncertain investment pact was announced weeks before US president Joe Biden took office and started unwinding many of his predecessor’s ‘America First’ policies, including the renewal of ties with the EU.

Since taking office, Biden has tried to pull allies into a tighter coalition to take sides against China by putting particular emphasis on its human rights record. 

The coordinated effort to impose sanctions on officials in Xijiang was the first time the EU has taken a strong stance on China since 1989 - when the EU imposed sanctions on China over human rights abuses after troops in Beijing opened fire on pro-democracy protesters in the Tiananmen Square crackdown. 

China responded with its own sanctions on EU officials – among them key MEPs who would need to back the pact to get it ratified. Those affected by China’s sanctions are barred from entering the country or doing business with it.

The EU says the future of the deal now depends on how the broader EU China relations evolve after the sanctions on EU officials soured relations. In the meantime, the EU has turned its attention across the Atlantic.

Hopes of ending a tit-for-tat feud over steel and aluminium tariffs are on the horizon as the EU and US have renewed discussions “to address global steel and aluminium excess capacity” with the European side temporarily suspending plans to increase tariffs on the US next month.  The statement issued this week said that “the United States and EU member states are allies and partners, sharing similar national security interests as democratic, market economies”.

It goes on to single out China as a common target, saying the two sides ”can partner to promote high standards, address shared concerns, and hold countries like China that support trade-distorting policies to account.”

Separately in March, both sides suspended punitive tariffs imposed due to the two-decade-long dispute over aircraft manufacturers Airbus and Boeing – the US has long claimed that Airbus receives unfair government subsidies, which hurts American competitor Boeing.

“China is not just painting this as the EU following Washinton’s lead, there’s a lot of truth in that, but it is a way of making the EU look weaker, ” said Dr Jackson.

Should the motion to formally freeze the CAI pass tomorrow, she says the move is a show of strength for the EU as “to have done nothing would have made them weaker”.

“But from the Chinese perspective, it helps to turn this into the EU being lackeys of the US.” 

Brussels is still trying to maintain a careful balancing act in its relations with the Chinese Communist Party, with Germany, in particular, eager to nurture ties with the top destination for its exports. This could all change in the upcoming German election in September as the candidates currently topping the polls with four months left have both backed voiced their alignment with the United States and their commitment to Europe.

As prospects of the CAI cool further, the European Commission unveiled plans for new powers to clamp down on state-backed companies from making unfair inroads into EU markets.

Tomorrow’s motion to formally freeze the CAI pass if China doesn’t lift sanctions on MEPS is a bit of a disingenuous proposal, says Dr Jackson.: “Why would China lift their sanctions if the EU doesn’t lift the sanctions that they imposed before them?”

“I don’t see either side doing that because the reason for imposing those sanctions hasn’t changed. They weren’t imposed for trade deal reasons so I don’t think they’ll be lifted for trade deal reasons.”

 This work is co-funded by Journal Media and a grant programme from the European Parliament. Any opinions or conclusions expressed in this work is the author’s own. The European Parliament has no involvement in nor responsibility for the editorial content published by the project. For more information, see here.

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16 Comments
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    Mute Paul Quinlan
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    Aug 12th 2015, 6:42 AM

    Getting my results in a few hours.. God help me

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    Mute Mantl Family
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    Aug 12th 2015, 6:46 AM

    Good luck!

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    Mute Dylan McDonald
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    Aug 12th 2015, 6:50 AM

    Best of luck Paul hope it goes well for you.

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    Mute Moll Rowlands
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    Aug 12th 2015, 7:08 AM

    I’m in the same boat Paul! Best of luck, I hope you’re happy with your results :)

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    Mute Afcdb10
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    Aug 12th 2015, 7:32 AM

    Best of luck to you both

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    Mute Liam Byrne
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    Aug 12th 2015, 8:05 AM

    God would have mercy…the leaving cert. won’t.

    Whatever the result Master Quinlan, you’ll eventually get to your destination. Worse case scenario, you’ll just take the scenic route.

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    Mute HRH The Brummie
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    Aug 12th 2015, 8:39 AM

    I have a bit getting her results today too. hope you all get what you want. my other girl did hers two years ago did not get enough points for Radiography, but one year of science under her belt and she got radiography in London, has year one of three done and dhe loves it. There are always options to get the courses later on in life or via another course. good luck to you all.

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    Mute Helen Ryder
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    Aug 12th 2015, 9:36 AM

    Come back to us, Paul and tell us how you got on! Good luck.

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    Mute Helen Ryder
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    Aug 12th 2015, 9:37 AM

    Hi, I am a radiographer, it is a very rewarding career. Good Luck to your other child today.

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    Mute Helen Ryder
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    Aug 12th 2015, 9:38 AM

    to HRH Brummie! my post was aimed at you :-)

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    Mute HRH The Brummie
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    Aug 12th 2015, 9:42 AM

    She loves it, done her placement in Kings college hospital. very busy course and she loves it, second daughter is set to follow too. great career choice alright. thanks for the tweet.

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    Mute Tony Canning
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    Aug 12th 2015, 10:07 AM

    @Liam – spot on – I like that; “the scenic route”. Plenty of people have taken this route with absolutely no regrets and some even stay on the scenic route. Far too much emphasis on what has been seen for too long as a “typical” route of LC, college, job.

    It’s becoming less and less typical….

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    Mute Byyys
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    Aug 12th 2015, 11:04 AM

    @GardaTraffic had this to say….

    “if you are are one of the 58 thousand today, good luck and just remember, the cliffs of Moher never took an exam and look how popular it is” (https://twitter.com/GardaTraffic/status/631387189893591040)

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    Mute Siobhán Ní Fhuada
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    Aug 12th 2015, 11:15 AM

    True and it’s great craic – more fun-filled college days, more skills learned, more experiences of different areas which you will always get some benefit from, the scenic route is a great choice! I hope nobody is disheartened if they find themselves taking this path today

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    Mute Paul Quinlan
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    Aug 12th 2015, 12:26 PM

    Got what i wanted so am ecstatic to say the least! Thanks for the well wishes.

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    Mute HRH The Brummie
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    Aug 12th 2015, 12:29 PM

    the world is your oyster. it always was this only helps.

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    Mute Paul Quinlan
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    Aug 12th 2015, 1:56 PM

    Thanks Moll hope all went well for you! :)

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    Mute Brian O Halloran
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    Aug 12th 2015, 6:52 AM

    Just remember the LC is most certainly NOT a measure of your true intelligence. Points do not always equate to smarts.

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    Mute Vincent Van Gogh
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    Aug 12th 2015, 8:16 AM

    The irony is that those who get high results “think” they are the intelligent ones, while those who score low “know” that intelligence is measured in more ways than just academics!

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    Mute Middle Class Cork
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    Aug 12th 2015, 6:48 AM

    Good luck to everyone receiving their results today. I hope you all get what you hope for and if you don’t, even though you might not realise it today, it is not the end of the world. You are a hell of a lot more than what a state exam says you are.

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    Mute Helen Ryder
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    Aug 12th 2015, 7:55 AM

    Although my daughter got great results last year, they weren’t enough for her first choice university and she spent a lot of the day in tears. In many ways it was a blessing in disguise as instead of moving to the UK, she is thoroughly enjoying her course at Trinity College, Dublin and has thrown herself into college activities and is presently in India with an educational charity. We get the benefit of having our daughter at home and we are enjoying her university career as well! There are always options – good luck to everyone today.

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    Mute Peter Declan O'Brien
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    Aug 12th 2015, 7:36 AM

    I got my results thirty years ago and still well remember the stress of waiting for them. My sincerest well wishes to all concerned.

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    Mute Liam Byrne
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    Aug 12th 2015, 8:03 AM

    I love my country and I’m proud of Gaeilge, but the language needs to be taken out of the category of a compulsory subject. Irish is just not used anymore, except in obvious places. There is no benefit to knowing it whatsoever.

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    Mute onlybuzzinwitcha
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    Aug 12th 2015, 10:41 AM

    I was away travelling a while back and while on the bus to another destination, I was sat next to a fellow Irishman. Me (23) and the other guy (mid 50s) were talking about the Irish language. I was going on about it being taught wrong, no use for it after school etc. and that’s why I couldn’t speak it. He said to that there is a use for it. That it was my responsibility to practice and speak my mother tongue, it’s part of our identity. That it is our duty to appreciate it as we are even lucky to still have it. To finish his point he said he regretted not being fluent in Irish and wishes he didn’t leave it so late. Maybe it was the fact that I was away for a prolonged time that made what he said impact me more. But if some lad on Dublin Bus said this to me I probably would have ignored him. Anyway, now, whenever I’m around friends or in the shops, I almost always say a bit of Irish. You get a shock reaction at first but it always ends in smiles and a chat about the language. Even if they’re another nationality I say thanks or goodbye and they know how to respond sometimes. In the case of the older generation you sometimes get to learn a phrase you never heard before and get a story or two. I encourage everyone to give it a go. it’s a bit weird at first but even if it’s just a thanks in the shops, you’d probably make that shopkeepers day (believe me when I say that, used to work in retail).

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    Mute John Moylan
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    Aug 12th 2015, 12:11 PM

    ..that’s all very well. Why you need Irish to study Mech Eng though, escapes me -or, take the posts above, Radiography – and that’s why Irish as compulsory should be abolished. It’s being used as a stick. Why not teach people to love it, instead ?

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    Mute Talleyrand Frye
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    Aug 12th 2015, 12:31 PM

    Liam, I disagree.

    It might sound counter-intuitive, but the reason we have compulsory subjects is to give people some choices in life.

    One might say “there is no benefit whatsoever” to learning English literature – the novels, plays and poetry – but some people develop a real passion for this and go off and study it in college – a passion they might not have developed if they didn’t have to study it in school. @John Moylan – you say Irish shouldn’t be compulsory because we don’t need it for radiography? I assume you are also in favour of abolishing compulsory English literature study, since it does not help people study radiography either?

    Definitely, the average person has no use for most of the maths they learn for Leaving Cert maths….but if you want to go into a career in engineering or something like that, you need to have that maths background. So the compulsory studying of it give you more options when it comes to decision time.

    And I would say the same for Irish. Studying it for the Leaving Cert (and leaving aside the debate of how it is taught) gives people a base to work from if they want to use Irish after school. Most people don’t, but some people do. I will give myself as an example. I definitely would have dropped Irish at 15 if I had the choice, because I struggled at it. But I got a good teacher for the LC, got much better at Irish, kept learning it after school – now I am fluent and Irish will be the language I raise my children through. I wouldn’t have had that choice to the same extent if I didn’t have to keep learning it for the Leaving Certificate.

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    Mute AntiTreeHugger
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    Aug 12th 2015, 7:43 AM

    Wouldn’t envy anybody opening the envelopes this morning. But if you don’t get what you want it’s not the end of the world.

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    Mute Aoife Carey
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    Aug 12th 2015, 8:08 AM

    My son is getting his results today. Best of luck to him and everyone getting results today.

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    Mute Afcdb10
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    Aug 12th 2015, 7:35 AM

    If you didn’t do well, hard luck it’s just a memory test . It doesn’t define you…..

    If you did well, wow well done . What an amazing achievement!

    Either way In a matter of time . You will just be another full time journal troll ha

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    Mute Jamie Sheehan
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    Aug 12th 2015, 8:10 AM

    13 years later and still having “dreams” about today. Good luck everyone ehos getting their results today, and don’t forget no matter how you do its not the end of the world. Finishing school is an achievement in itself.

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    Mute Shadowman
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    Aug 12th 2015, 8:26 AM

    The results ONLY reflect the amount of Uni places – veterinary complains they are deluged with bookworms bent on white coat science labs, not labouring over cattle? The systems a joke – don’t be overwhelmed by peer perceptions in youth; overwhelm them by your insight and adaptability to the fluidity of the big picture – flexibility and solid work get you everywhere, as does taking the thrills and spills of life in your stride.

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    Mute Lynne Tunney
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    Aug 12th 2015, 9:00 AM

    Best of luck to everyone getting their results today. Am I to understand from that article that we have better academic Russian than Irish? If I’ve read that correctly, what does that say about how our national language is being taught?

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    Mute Tony Canning
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    Aug 12th 2015, 10:13 AM

    That’s a bit simplistic – from previous years, analysis of such results show that the overwhelming majority of those who take Russian grew up with the language – this isn’t true for the irish language across the majority of the country.

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    Mute John Moylan
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    Aug 12th 2015, 12:26 PM

    …actually Tony, it tells you exactly about the state of the language: we didn’t, don’t grow up with it. That we don’t use it, that it’s not familiar, and effectively out-of-use to the majority. That’s some achievement for the years and cost of teaching it…………

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    Mute Artur Banaszkiewicz
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    Aug 12th 2015, 9:47 AM

    The Irish system is complicated and sometimes may not seem fair, but the most important thing for Leaving Cert class 2015 to remember is that whatever the results are, it is the way you went through, that is important. It is the knowledge and experience you gained that will help you pursue your way of life. Remember, if the results are great – congratulations, if they are not -congratulations, you have yet another opportunity to pursue your goal and creatively find a different way – this will help you grow even further. If you want to become an engineer or a doctor and found yourself with 3 points too little to study in Ireland, you can still look for options abroad, which may be a life changing experience and a blessing in disguise. E.g. you can study medicine i Poland and end up saving one year.

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    Mute Micí Ó Mhurchú
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    Aug 12th 2015, 10:29 AM

    Other options are fine, but I don’t think I will have time to find out what I need before Colleges start in September.

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    Mute Artur Banaszkiewicz
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    Aug 12th 2015, 3:12 PM

    Hurry up, you can still apply e.g. to study medicine and related disciplines in Poland with Medical Poland. E.g. Copernicus University’s Collegium Medicum in Bydgoszcz with Medical Poland run an open day this Thursday, 5pm.

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    Mute Osine
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    Aug 12th 2015, 10:46 PM

    Over 70% of those taking honours Russian got an A1. Can that be right? should Russian not follow the same bell curve as all other languages, or are they marked easier? Just asking as it seems to give them an advantage points wise.

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    Mute Osine
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    Aug 12th 2015, 10:59 PM

    To go a little further there should be an investigation by the dept. of education as 70% getting A1 is a gross distortion of statistical possibilities.

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    Mute Osine
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    Aug 12th 2015, 11:01 PM

    Even probabilities, my bad.

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    Mute Tony Canning
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    Aug 12th 2015, 10:11 AM

    “The SEC says that results this year are “broadly in line” with last year across the board.”

    This is said EVERY single year! There’s a reason why – and that reason is highlighted by the large percentage of appeals where results get upgraded.

    For any student that feels aggrieved about any particular result, they should DEFINITELY appeal.
    http://www.irishtimes.com/news/education/leaving-cert-appeals-have-18-higher-grade-rate-1.1955439

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    Mute Arran Ó Bhoilgéir
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    Aug 13th 2015, 9:51 PM

    “Nobody who sat ordinary level in Classical Studies, Italian, Physics & Chemistry, Construction Studies, and Japanese received an A1″. True, but it’s also probably true that no one sat that combination of subjects, unless you meant “Classical Studies, Italian, Physics & Chemistry, Construction Studies, OR Japanese”. Simple grammar, guys; get it right.

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