Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

I should also mention briefly some other legal and constitutional difficulties identified with the Bill, including the use of ministerial regulations to extend the scope of the Bill, aspects of the extraterritorial application of this Bill, and constitutional difficulties around the legal certainty and capability of enforcement of some criminal offences contained in the Bill. The political effects of the Bill are also an important consideration for this House. Ireland has a stronger voice and greater influence on Middle East issues generally at UN and EU level than our size alone would justify. That is where we are able to be of most help to the Palestinian people, which is my priority - indeed, both the Israeli and Palestinian people - in achieving a just and lasting peace.

My fear is that if Ireland adopts this Bill, we would be choosing to be a principled voice in the wilderness, satisfied in the righteousness of our course, but largely unable to influence the real action. I am in no doubt, from my experience of discussions on this issue at EU level, that a unilateral move by Ireland on this matter would weaken our ability to influence overall EU policy, not strengthen it. If we allow ourselves to be discounted in the calculations that other states make, about where the centre of gravity on Middle East policy lies, then we cease to shape that political centre of gravity.

The third basis on which the Government must oppose the Bill is the assessment of its practical effects, including practical challenges and costs of compliance for Irish companies which trade internationally. For example, US companies in Ireland and Irish companies in the US could be placed in an impossible conflict of jurisdictions. Legislation was under discussion in the United States Congress in 2018 to forbid companies based in the US from co-operating with trade bans on Israel and Israeli settlements. Such proposals have enjoyed strong cross-party support in the US, so such legislation may well be passed into law. Similar legislation exists at state level in many US states. Irish missions and State agencies in the US have received queries from companies concerned about this impact of the Bill and the lack of clarity on their legal obligations.

This Bill is a sincere attempt to address a real issue. I recognise that and recognise Senator Frances Black who began this Bill’s journey. If enacted, it would provide a moment of solace for Palestinians at a difficult time. However the solace would only be momentary. Legislation must be designed by the head as well as the heart and it is the job of any Government to assess the balance of positives and negatives of any policy option.

The Bill before us will not significantly impact on Israeli settlements. Conversely, it will place Ireland in breach of EU law. That alone should be enough to make it impossible to vote for it. It will also lead to Ireland facing legal challenge and the strong likelihood of very significant penalties, as well as being obliged to repeal the law and possibly pay damages to those with economic interests in settlements. It will diminish Ireland’s influence on behalf of the Palestinians at EU level, which is my main concern. It will also create difficulties for Ireland and for companies in Ireland with compliance, including with US legislation.

Ultimately, despite being well and sincerely intentioned by its original authors, this Bill will do serious damage to Ireland and bring only momentary consolation to Palestinians, and we owe them more than that. For these reasons, no responsible party of Government could support this Bill and this Government must and will oppose it.

See this speech in context