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:

Yes, advice is advice at the end of the day. It is an opinion of one person. We have the opinions of two of the leading experts in this area of law in Europe advising us that there is a basis to do this. It is important to say who these people are. Takis Tridimas is regarded as one of the leading authorities on EU law. He has been cited by the Irish Supreme Court and many other national courts in other countries multiple times. The expertise of Panos Koutrakos, the other professor, is specifically on the intersection between EU law and international law. It is a niche area of expertise. We could not have a more appropriate combination of expertise on this than theirs and they have come together and said this is entirely possible under EU law. Therefore, even if the Attorney General - and Rossa Fanning is an absolutely excellent lawyer - were to say this is not possible, I would absolutely say "proceed". Let us think about it. The Supreme Court has excellent judges, but they sometimes differ. We get different opinions from leading lawyers. The point is, as Mr. O'Neill said, there is an arguable basis here regardless of what the Attorney General says.

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