Dáil debates

Tuesday, 19 November 2019

Saincheisteanna Tráthúla - Topical Issue Debate

Middle East Issues

7:15 pm

Photo of Paul MurphyPaul Murphy (Dublin South West, Solidarity)
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I apologise on behalf of Deputies Boyd Barrett and Gino Kenny, who, unfortunately, are double-booked. I ask the Tánaiste, Deputy Coveney, to condemn in the strongest possible terms the decision of the US Administration to no longer consider the illegal Israeli settlements in the West Bank to be illegal. It is clear the move had no legal basis. Article 49 of the Fourth Geneva Convention is clear: "The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies." It has been recognised as illegal by a number of UN Security Council resolutions, the most recent being in 2016, and by the International Court of Justice. More importantly than it being against international law, it is clear it is against any basic element of justice and equality in the world. The settlements are built on brutal violence by settlers and the Israeli state against Palestinians, and maintained on the basis of extreme discrimination, poverty, apartheid and segregation, including through the use of separating walls, roads and so on. The act will doubtless give a green light for more violence and settlements to be built, and it will continue, as is the purpose, to block any road to a viable Palestinian state by breaking up Palestinian territory.

This is not the first move of such a sort by Trump. It is one of a series of moves in recent years, including the recognition of Jerusalem as the capital of Israel in December 2017, followed by the moving of the US embassy there in May 2018, the removal of funding from UN Relief and Works Agency for Palestinian Refugees in the Near East on the basis of its assistance of Palestinian refugees in early 2019, followed in March 2019 by the recognition of the Syrian Golan Heights as an Israeli territory, a decision that Israel was the only state to take, and now this. Each move has been calculated both to pander to Trump's pro-Israel base domestically and to assist in propping up a deeply right-wing regime in Israel. The acknowledgment of the Golan Heights as an Israeli territory in March was immediately before the general election, and the latest move has come at a time when Netanyahu faces the possibility of losing power. In the coalition negotiations that followed the election, Netanyahu immediately took advantage. He probably knew about the move in advance, and on the final day of the campaign, he made a trip to the settlements. He has repeated the language about extending Jewish sovereignty to all the settlements, meaning the annexation of more Palestinian land.

It is not just an issue of Trump's bad intentions. Ardent support for right-wing Israeli policy has a bipartisan consensus in the US, with the corporate Democrats and the Republicans both viewing the propping up of the racist, apartheid state of Israel as part of an imperialist strategy in the Middle East. It is clear the Oslo Agreement is dead and that it was never aimed at providing justice for Palestinians but to give limited concessions to cut across a mass movement. The redevelopment of a mass movement from below, uniting Palestinian and Israeli Jewish working-class people together in a struggle against the Israeli elite, is necessary. Their international allies are not the likes of the US or, unfortunately, the EU, which will cry crocodile tears but do fundamentally nothing about it. Instead, ordinary people, such as Palestinian solidarity activists, trade unionists, socialists and anti-war activists, will support the redevelopment of a mass movement in the Middle East.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I thank the Deputy for giving me the opportunity to put the Government's position on the record. In view of the US comments yesterday regarding the legality of Israeli settlements, I restate Ireland's clear position on the issue. Settlements are illegal under international law. The Fourth Geneva Convention states clearly that an occupying power must not transfer parts of its own civilian population into the territory it occupies. This is also the EU position. The views of the international community on settlements have been clearly set out in UN Security Council resolutions, notably resolution 2334 of 2016.

Settlements are illegal, they actively undermine the prospects of a two-state solution, and the relentless expansion of settlements inherently involves injustice and dispossession for Palestinians. The Government remains steadfast in its support for a comprehensive two-state solution that protects the future of the Palestinian and Israeli peoples. Ireland has been a strong and consistent voice on the issue of settlements in EU discussions. I supported yesterday's statement by the EU High Representative, Federica Mogherini, which reaffirmed the long-standing EU position that all settlement activity is illegal under international law and erodes the viability of a two-state solution. I have no difficulty stating I disagree fundamentally with the US comments on the issue. Ireland's views on settlements have been communicated to the US Administration at all meetings related to the Middle East peace process, most recently when I met Jared Kushner in New York in September. I hope to meet the US ambassador again soon and I will also raise the issue with him.

Israel is also well aware of our position. When the Israeli Prime Minister, Benjamin Netanyahu, made comments on the annexation of the Jordan Valley during the September general election campaign, Ireland was clear that annexation of territory by force is prohibited under international law, including the UN Charter. This is a fundamental principle of the relation of states and the rule of law. My officials called in the Israeli ambassador on that occasion to ensure that Ireland's views were directly conveyed. Any unilateral annexation by Israel of occupied territory would have no legitimacy and would not be recognised or accepted by Ireland or the international community more generally. Ireland and the EU will not recognise any changes to the pre-1967 borders, including with regard to Jerusalem, other than those agreed by the parties. Israel's settlement policy, including in east Jerusalem, is illegal under international law for the reasons I have outlined.

I have set out my views, in both the House and international fora, that the ongoing effects of the occupation, which has continued for more than 52 years, are not conducive to a lasting settlement. I assure Deputies that circumstances in Israel and the occupied Palestinian territory will remain high on my agenda, and I hope to travel to the region again before the end of the year.

7:25 pm

Photo of Paul MurphyPaul Murphy (Dublin South West, Solidarity)
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Does the Minister agree that this action by the US Administration is likely to give the green light for further settlements and the violence that comes with that? If he agrees with that, which is self-evident, will he do more than disagree fundamentally with the comments of the US on the issue? Will he condemn those comments? He knows what those comments are aimed at and he has to accept what the consequences are likely to be.

I welcome that the Government has restated its position that all settlement activity is illegal under international law. In that case, why does it seek to block the measure proposed by Senator Francis Black? I understand the measure, which would block the importation of goods made in the illegal settlements, to which the Government and Ministers say they are opposed, has majority support in the House. Why, then, do the Government and Minister seek to block the progress of that Bill with the use of the undemocratic money message veto? The Government will cry crocodile tears about the Palestinians, as is the position of the EU generally. However, the US Chamber of Commerce, which represents the interests of US business and which fundamentally supports the approach of the right-wing Israeli regime, lobbied on the occupied territories Bill.

I again say that the real force for peace are the ordinary working-class people in the Middle East, be they Palestinian, Arab, Israeli or Jewish. The mass mobilisations and marches that we saw on the border checkpoints give a glimpse of how a new mass movement can develop from below, along the lines of the first intifada, which can fight for democratic and socialist change to ensure resources are used for the benefit of all and the national rights of all are respected.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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This is nothing to do with socialism.

Photo of Paul MurphyPaul Murphy (Dublin South West, Solidarity)
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I think the Minister will find it is.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Everything for the Deputy always comes back to the same issues, such as global movements, democratic socialism and all the rest of it. This is an issue of international law.

Photo of Paul MurphyPaul Murphy (Dublin South West, Solidarity)
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International law is-----

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I have and will continue to advocate in the EU, across the UN, and bilaterally with the many countries with which Ireland has very good relationships, including the US, to express our clear position on the Israel-Palestine conflict. I will continue to advocate for a two-state solution. I will continue to visit and prioritise the region in terms of Irish foreign policy, as I have done to date.

The comments from the US make it easier for an Israeli Government to focus on expanding settlements in Palestinian territories, and to do so illegally under international law. That is why I felt the need to counter the comments and outline the Irish and EU position very clearly.

I will not support Senator Black's Bill because I do not believe it is legally sound. I do not think Ireland has the capacity to impose what is effectively a trade sanction when the competence and responsibility for decisions on trade lies with the EU collectively. I will not commit public finances to a Bill that I know to be legally unsound. I have made that point very clearly in public and in private to Senator Black on many occasions, and she understands my position. It is a clear position, based on advice from the Attorney General. Deputy Murphy and others choose to ignore that, as if it is not the case. As a Government, we will not introduce legislation that is not legally sound and commit resources to do that and to fight the legal cases that will follow.

I am glad that we agree on one thing, that is, the illegality of the settlements and expansion of settlements in occupied territories. I will continue to maintain that position on behalf of the Government.