Oireachtas Joint and Select Committees

Wednesday, 20 March 2024

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

Illegal Israeli Settlements Divestment Bill 2023: Discussion

Mr. Oliver Gilvarry:

It is an issue that will have to be looked at if the Private Members' Bill moves forward. We would have to make sure it is robust. I am not saying that it is or is not, but we have sought advice and concluded it is something that would have to be fleshed out more to see how it would work.

The Senator spoke about the timed amendment. We have been working on this. I was here for pre-legislative scrutiny on the future Ireland fund. As I said, we have engaged with committees. We engaged with the foreign affairs committee, which produced the report at the end of January. We have also engaged with the Office of the Attorney General and sought advice. We have been working with our colleagues in the NTMA, too. Work has been under way in the background on this. It is not that there was a timed amendment and nothing was going on. We have been looking at this.

The Senator asked what work has been done on amendments. It is a Private Members' Bill. As I said, pre-legislative scrutiny will take place and then it will be up to the Government to decide the approach it will take on the Bill. I am outlining some of the issues we see in this regard.

There is another point that has come to our attention. I referred to the free movement of capital. We had this in the context of the Fossil Fuel Divestment Act. Following advice, we are of the view that there has to be some sort of de minimis, particularly in respect of pooled investments. Some of these companies are included in indices across the world. They are included in ESG frameworks that are meeting the Paris commitments. All these issues have to be considered. It is not simple. I am sorry to say that but that-----