Oireachtas Joint and Select Committees
Wednesday, 14 July 2021
Joint Oireachtas Committee on Jobs, Enterprise and Innovation
Trade Between Ireland and the Palestinian Territories: Discussion
Mr. Martin Konený:
If I can start, we would have to see if the issue is brought to the European Court of Justice. As the Deputy will be aware, there have been different legal opinions on the issue in Ireland, from the Attorney General and from independent legal experts. I would add that when it comes to the possibility of adopting such a ban at the EU level, it would be politically difficult because of the divisions among member states. It would, for example, be unlike the case of the occupied Crimea annexed by Russia where the EU was able to quickly reach a consensus on a ban.
There is a group of lawyers and citizens who have come up with a different idea and who have asked for a ban which would be based on the Commission's legal obligations to respect international law. This is in order that it would not be formulated as a sanction. They have come up with the idea of a so-called European citizens' initiative, which would take the form of a petition supported by many citizens in favour of this idea. It was rejected by the Commission and went to the European Court of Justice. Now, it is back with the Commission. When it comes to this possibility at the EU level, it is a pending case to watch closely.
I would follow up on what Mr. Lovatt mentioned previously that the Control of Economic Activity (Occupied Territories) Bill 2018 in Ireland has sparked discussions on possible similar legislation in several other parliaments around the EU. That, on its own, is an important effect of the ban starting the discussion, as Mr. Lovatt has mentioned.