The Irish Government will draft legislation aimed at banning the trade of goods - but not services - with Palestinian lands illegally occupied by Israeli settlements.
Ireland's Tánaiste and Minister for Foreign Affairs Simon Harris received Cabinet approval on Tuesday, May 27, to draft the law.
The draft legislation would look to ban only the trade of goods and not of services.
The ban on services was included in similar legislation originally tabled in 2018 by Senator Frances Black. Despite passing the Seanad and winning wide support in the Dáil, her Control of Economic Activity (Occupied Territories) Bill 2018 remains stalled at the committee stage in the Dáil.
Speaking before Cabinet on Tuesday, the Tánaiste said: "What I hope today is when this small country in Europe makes the decision and becomes one of the first countries, and probably the first country, in the Western world to consider legislation in this space, I do hope it inspires other European countries to join us."
Speaking on RTÉ News on Tuesday evening, the Tánaiste explained why services are not included.
"Let me be really clear - there is no policy difference between Senator Frances Black and myself or the Government in relation to this issue. I want to do everything humanly possible to help maximize the pressure for a ceasefire and an end to the violence and the war crimes that are happening in Gaza.
"But what I also want to make sure is that the bill doesn't fall at the first legal hurdle. I want to produce legislation that's impactful, that can inspire other European nations to join us as well in bringing forward similar legislation and at the moment, the legal opinion that I have, is that it's possible to do goods under EU law because of the ICJ [International Court of Justice] judgement, but it may not be in relation to services."
Last July, the ICJ said in a non-binding Advisory Opinion that Israel's continued presence in the Occupied Palestinian Territory is unlawful and that Member States have an "obligation … to abstain from entering into economic or trade dealings with Israel concerning the Occupied Palestinian Territory or parts thereof which may entrench its unlawful presence in the territory."
"We have to do more"
The Tánaiste went on to say that he thinks that "at a European level, we should be suspending the trade agreement between the EU and Israel, but in the absence of that happening, or the dillydallying around that, in my view, we need to move at a national level."
He continued: "The legal advice available to me, though, is that there is a narrow pathway in relation to doing goods, but such a pathway doesn't allow a [EU] member state to move on services on its own.
"However, I've said this very clearly, and let me say it again - I'd like to be proven wrong. I want to be challenged on this. I want the Oireachtas Foreign Affairs Committee to scrutinize this. Let's get the best and most robust bill we can have.
"What we don't need here - partisan politics has a place, no doubt - but what we don't need here when it comes to Gaza is kind of 'opposition good, Government bad.'
"What we need is everybody working together to do what the Irish people want us to do, which is to take a principled stand here and lead the world and encourage other European countries to come forward, legislate in this area too, because what's happening in Gaza is unimaginable, unconscionable, and we have to do more."
Senator Frances Black responds
Earlier on Tuesday, Senator Black welcomed the progress while speaking on RTÉ Radio's Morning Ireland, but argued that services can be included in the legislation.
"Me and my team have published detailed legal advice from some of the most eminent lawyers in the world, making it absolutely clear that we can include services in the legislation if the political will is there," the Independent Senator said.
Black said the Tánaiste said he has no objection to including services in the legislation "if we can get the legal detail right."
January 21, 2024: Senator Frances Black speaking at a pro-Palestine demonstration outside Leinster House in Dublin. (RollingNews.ie)
When asked about the timeline, Black said: "I would be hopeful that we get this done as soon as possible. After the Cabinet decision today, I think we begin making progress immediately. The bill goes straight into Foreign Affairs.
"We could have this done and dusted by the autumn. I would have no issue staying in session well into the summer to get this passed in full. Personally, I would stay until the ends of the earth to get it passed; I've been working on this legislation for seven years.
"It's a question for the Government.
"I would love to see our own President Michael D. [Higgins] signing this in before he goes, before he leaves us, because he's played a blinder when it comes to Palestine and it's such an important step and we need to know that it can be done as soon as possible and ideally, I'd love to have it in law by summer or autumn."
Black added that she believes "as soon as we start the process of the Occupied Territories Bill, I think other countries will follow suit."
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