Frances Black (Independent) | Oireachtas source

I thank Sadaka for all its help. I pay tribute to that organisation on the work it has done on the occupied territories Bill. I specifically thank Deputy Brady and Sinn Féin for introducing this brilliant legislation. It is very simple legislation. It is not rocket science. It could easily be passed if allowed. I thank the representatives of IPSC and Sadaka for appearing before the committee today. It is important that we hear from activists who represent a clear majority of Irish people across political party lines who are absolutely horrified by the Israeli occupation of Palestine and its genocide in Gaza. The majority of the Irish people want the Government to take tangible action. It is beyond comprehension as to why it will not take this tangible action. We can all condemn until the cows come home and make all the rousing speeches we want about peace and human rights, but if we fail to act to end our complicity in Israel's violation of international law, then our words do not matter very much; that is the truth.

Deputy Brady initiated the Bill in March 2023. Second Stage was debated on 16 May 2023. The Government proposed a timed amendment, as was said. I wish to read part of the Department's response since then. On 4 March 2024 the Minister for Finance wrote to the Ceann Comhairle to request that the finance committee undertake pre-Committee Stage scrutiny of the Bill and identified a number of perceived issues with the Bill following consultation with the NTMA. According to the Minister, the following issues were identified during Second Stage. He said the UN list is not considered comprehensive and the Department claims that companies not on the list, active in illegal settlements, could still benefit from investment from the ISIF. The Department claims that the list is not quickly responsive and if a company ceased operating in the occupied territory but remained on the list, the ISIF primary law would still oblige divestment and prohibit investment.

The Department also claims that due to the inflexibility of the list, legal advice would be needed from the Attorney General regarding using this or other lists. Apparently, there are issues to be addressed in respect of the types of financial instruments mentioned in the Bill, which require clarification. The Minister also claims that a significant number of legislative amendments would be required to make the Bill operable and to ensure it is constitutional and does not breach any individual constitutional rights or EU law.

A month ago, the Attorney General presented to the International Court of Justice as part of its examination of Israel's occupation of Palestine. At paragraph 36 of his speech, he said:

In the present case, States are obliged not to render aid or assistance in maintaining the situation created by Israel’s breach of its obligation to respect the right of the Palestinian people to self-determination. The General Assembly and Security Council have, in the past, called upon all States to refrain from rendering any assistance to the maintenance of situations of denial of self-determination.

My question is as follows. Are Ireland's investments in companies which operate in the illegal settlements allowing them to continue to expand, a violation of our international legal obligations as set out by the Attorney General? I ask Deputy Brady to outline his thinking on what the Attorney General said.