Ms Natasha Hausdorff:

I was invited to address the matters under EU and international law. It is disappointing that I was not permitted to answer those questions. There is a pattern of international and EU law being erroneously dealt with before this committee in previous sessions. In my very limited time, I will reference just two examples and encourage committee members to consider the voluminous and detailed submissions made on behalf of the Ireland Israel Alliance and UK Lawyers for Israel.

The Senator who posed the question on Russia and Ukraine has repeatedly misunderstood the importance of the Rosneft case. In fact, it squarely militates against this proposed Bill being in any way lawful. As Mr. Shatter identified, this was a measure that was implemented by the European Union. It was EU policy, not unilateral action by a member state. Therefore, it has no bearing in the manner which has been suggested by professors previously. The case, crucially, did not insist on the analysis of public policy, as has been repeatedly represented in evidence. It is critical that members of the committee understand that in paragraph 116 of the judgment, the court was clear that the relevant provision was in fact public security.

In the case of Russia threatening EU member states, that was, of course ,of a completely different order. In that paragraph, it is clear that the broad discretion enjoyed by the council necessary for the protection of essential EU security interests and the maintenance of international peace and security was at the core. Other cases that have been mistakenly referred to include the Confédération Paysanne case, which affirmatively concluded that where policy was covered by other elements of EU law, including in that case, law regulating agricultural products, member states could not invoke Article 24.4 of the public policy exemption. Those are just two examples of cases that have been cited in support of this Bill by proponents that say the exact opposite of what is being suggested.

I would advocate on that basis that the detailed, carefully compiled and accurate legal submissions that I have referenced be considered and reported by the committee. Whatever the Attorney General's advice may be - I know it is hotly awaited - it must necessarily consider the realities of the case law and the completely unprecedented action that this Bill would necessitate, putting Ireland outside both EU law and the national consensus - the policy that has been carefully curated by the European Union, including its trade agreement with Israel.