Oireachtas Joint and Select Committees

Wednesday, 2 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: Discussion (Resumed)

2:00 am

Mr. Gerry Liston:

Personally, I think all the Attorney General needs to do is to confirm his existing opinion, because it is all there. As I said, his existing opinion is clear that there is a basis within EU law for member states to unilaterally comply fully with the obligations set out in the ICJ advisory opinion, including regarding goods and services. As to general principles, it was set out in the opinions that we have obtained over the years from the experts that will be presenting next week that EU law is set up so that customary international law is binding on the EU and forms part of the internal EU legal order, and the whole system of EU law, including the public policy derogation, is partly designed to enable states to unilaterally act when they need to comply with their obligations. It would be an absurd situation if EU law forced states into a position where they were in partial compliance and partial breach. There is no logic to that whatsoever. I am confident that it will be reflected in the Attorney General's opinion. As to when it happens, I share the Deputy's view and hope it is as soon as possible.

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