Brendan Howlin (Wexford, Labour) | Oireachtas source

Like others, I will begin by acknowledging the work and perseverance of Senator Black in devising this Bill and piloting it through the other House. I also recognise the contribution of civil society organisations, including the Irish Congress of Trade Unions, Trócaire, Christian Aid and Sadaka, to the development of the Bill and, indeed, of Fianna Fáil for bringing it into this House today.

This Bill has been given detailed discussion and deliberation in the Seanad where I think it is fair to say that all sides - all speakers in the Seanad - recognised that this Bill is designed on sound moral principles and seeks only to do what is right.

Labour supports this Bill, as Labour has a long history of support for the people of Palestine. Although it has been said and repeated already, it is important to restate that this is not a boycott-of-Israel Bill or a Bill to place a ban on Israeli goods. This Bill is not anti-Semitic or anti-Israeli in any respect. Without equivocation, I utterly condemn anti-Semitism and deplore its rise in the world today. The State of Israel is internationally recognised and is a legitimate member of the international community, and I reject any assertions to the contrary. We want Ireland to continue to be a friend and partner to the people of Israel. Equally, Ireland is and will continue to be a friend and supporter of the people of Palestine. Labour wants to see a solution to the Israel-Palestine conflict and we support international efforts to restart and re-energise the process of finding a durable two-state solution.

I will focus on the Bill itself. It is a simple Bill, but one that addresses a complex topic. The Bill seek to make it an offence in Ireland for a person "to import or sell goods or services originating in an occupied territory", simpliciter. The Bill seeks to make it an offence for a person "to extract resources from an occupied territory in certain circumstances". The Bill carefully defines an "occupied territory" as a territory which is confirmed as "occupied" by a decision or advisory opinion of the International Court of Justice, by a decision of the International Criminal Court or by a decision of an international tribunal, or else designated as such for the purposes of this Act in a regulation made by the Minister. This definition obviously includes the occupied Palestinian territories but it also includes the territories belonging to Ukraine, Moldova and Georgia that are recognised internationally as illegally occupied by Russia, and there are other territories, some already mentioned by other Members, around the world that have been occupied by armed forces operating under the control of a foreign power.

While this law has obviously had its origins in concern for the Palestinian people, it may prove to be significant legislation in respect of the recent aggression by Russia and Russian-backed armed groups all too close to the European Union's own borders. The Bill is addressing one of the most basic aspects of national sovereignty, which is the territorial integrity of a state. It is a blind spot in our law that we do not already make it illegal to trade in goods originating in occupied territories.

As well as being an affront to international law, occupation by armed forces is a costly undertaking. The cost of occupation and warfare, including the costs of reparations, is one of the ways in which Europe has sought to eliminate warfare as a policy choice by aggressive governments.

In that context, it is clear that we should have a law to prevent occupying forces making economic gain from illegal occupation.

The Tánaiste stated that the Attorney General told him that it would be unlawful under European law to implement the Bill but other legal opinions disagree. There is no doubt in my mind that we should proceed with this legislation. Let us test it in the European Commission or European Court of Justice and see what they decide.

See this speech in context