Professor S. Michael Lynk:

The Senator will see an exercise in deflection, I am afraid, because I do not claim expertise with respect to EU trade law. The way in which the EU operates as a legal system is very different from what I know and teach in respect of Canadian constitutional law. I will not offer an opinion on this. I would like to see it referred, as a legal and political matter, to find some way to end this stand-off. If both sides are sincere in saying they believe in their respective opinion, either that Ireland can do this by itself, or cannot do it unless in conjunction with the European Union, then there must be a way for political creativity to be used to find an independent legal decision-maker to offer a comprehensive decision, whether "Yea" or "Nay", on these competing legal opinions. The situation is unsatisfactory to me as an outside special rapporteur on such an important question on which Ireland has led in many other ways.

I thought when the occupied territories Bill was first introduced that it was a brilliant step forward in imposing accountability on a largely unaccountable occupation. It has been taken through ten of the 12 steps in order to become law. Those remaining couple of steps are preventing it having the impact of law. I do not think the occupation would fall the day after Ireland passed that, but it would set a wonderful example for the rest of the world. I will not stretch the committee's politeness in having me here by commenting on things Irish because I am commenting on its impact on the world. Surely there must be a way for minds operating in good faith to find some kind of dispute resolution that would give a definitive opinion in a process both sides would agree to abide by.

I have raised whether the European court could do it. I understand it cannot unless or until the legislation is passed. Maybe, as a compromise, the legislation could be passed and everybody could agree to have it tested as to jurisdiction. Is there another way within either of the Irish courts that this could be put as a reference or advisory question? Please try to break this logjam. If it is not in Irish competence to do it, then everybody knows they have to put their emphasis on Strasbourg and Brussels. The value of passing a Bill like this would be a beacon to the rest of the world. There is active discussion on a Bill modelled after the drafting in Ireland by the new Government in Chile. Since Ireland pioneered it, I would love to see the Irish being first across the finish line with this and beckoning others to follow them across.