Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I thank Deputy Halligan for raising this issue which I am taking on behalf of the Tánaiste and Minister for Foreign Affairs and Trade, Deputy Gilmore.

The Government has consistently made clear its concerns about the use of administrative detention by the Israeli authorities. This is a practice which Israel has resorted to for many years and the numbers so detained have fluctuated according to the prevailing security situation on the ground. Some 190 Palestinians are held in administrative detention. The hunger strikes by Palestinian prisoners which began on 24 April were directly prompted by what the prisoners claim was Israel's failure to make progress in reconsidering the use of administrative detention, particularly following the conclusion of the last Palestinian hunger strikes in 2012.

Israel is undeniably faced with serious security challenges and therefore may have recourse legitimately in exceptional circumstances to special powers. However, there are clear grounds for concern that administrative detention is being used in some cases to suppress legitimate dissent and protest. The instances of repeated extensions of detention orders can also mean individuals may be detained for prolonged periods, even several years, without ever having charges laid against them. The use of intelligence material as sole evidence for the decisions by military tribunals can result in denial of access to prosecution evidence to the detainees and their legal representatives. Any system in which a person can be imprisoned for years with no means to challenge the basis of their detention is clearly unacceptable.

Ireland has repeatedly drawn attention to these concerns with administrative detention both directly with the Israeli authorities and in discussions at EU or UN level, including in the UN Human Rights Council last March where our national statement under item No. 7 made clear our long-standing concerns about this practice. Ireland has also raised this issue in EU discussions on the Middle East and ensured the EU also has explicitly criticised on several occasions in recent years, the excessive use by Israel of administrative detention. There has been a significant reduction in the use of the practice by Israel in recent years but the problem remains a serious one. We will continue to make known our concerns about the practice overall to the Israeli authorities at all appropriate opportunities.

There have been repeated protests by Palestinian detainees in recent years over the use of administrative detention. In common with our EU partners, we have encouraged the parties to engage in negotiations which address the legitimate complaints of the detainees and to avoid any provocative actions which would risk the health or life of the detainees. Our missions in Tel Aviv and Ramallah remain in contact with civil society groups dealing with prisoners' rights, including the issues of administrative detention and hunger strikes, as well as working with our international partners to support progress on these very difficult issues.

The use of hunger strikes is a very dangerous tactic which we cannot encourage. It is notable the Israeli authorities have responded to recent hunger strikes in a manner to avoid the death of any prisoner. They are clearly alert to this danger but there must always be a very strong risk, particularly with repeated hunger strikes, that the authorities will eventually conclude that they must make a stand, and refuse to compromise further. This is perhaps a particular danger at this moment when the Israeli Government and public are, understandably, strongly focused on the abduction of three teenagers who are still missing and whose safe return we all hope for.

It is the case that a draft Bill to permit the force feeding of hunger strikers has been submitted to the Israeli Knesset. However, no final decision on its approval has yet been taken by the Knesset. The Israeli Medical Association has declared, as have several human rights groups, that force-feeding is in breach of medical ethical standards. There is some expectation that any possible new law might be challenged in the Israeli courts on the grounds of its constitutionality. We would strongly urge the Israeli authorities to refrain from the force-feeding of hunger strikers in the event of parliamentary approval of this proposed law.

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