Oireachtas Joint and Select Committees

Tuesday, 1 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

2:00 am

Mr. Declan Smyth:

Yes. There is a public policy exception. It must be understood that the concept of "public policy" has been interpreted very narrowly by the ICJ. To date, the public policy grounds permitted by the court have been unique to a single member state. We will be arguing that this matter of public policy should be of concern to the entire European Union. As the Attorney General has said, there remains legal risk with this approach when a member state seeks to legislate in an area of exclusive competence, and there is no avoiding that. However, because of the helpful clarification provided by the ICJ as to the legal obligations, not just on-----