Oireachtas Joint and Select Committees

Tuesday, 1 July 2025

Joint Oireachtas Committee on Foreign Affairs and Trade

General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025

2:00 am

Mr. Declan Smyth:

Yes, we did. To clarify, we have not advised. We have identified legal issues were the Bill's scope to be extended to cover services and the Attorney General has been asked to advise on those issues. Among them is the question of the extent to which a member state can adopt an Act itself in the field of services. The case law examined by the two professors the Deputy referenced deals mainly with the public policy exception in relation to goods and the free movement of goods within the Internal Market. The court has obviously construed the extent to which public policy can be used in those circumstances and it has applied it where there is a similar legal basis in other areas, for instance, the external trade of goods. It has considered most recently the exception this Bill will rely on with regard to external trade in goods and the common rules on imports regulation in the Confédération paysanne case, which I think was last year.

Comments

No comments

Log in or join to post a public comment.