Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

The Tánaiste met with the Israeli Prime Minister, Benjamin Netanyahu, and the Foreign Minister, Israel Katz, on Monday, 2 December, during a working visit to Israel and Palestine. During the visit, the Tánaiste also met with a number of Palestinian political leaders including President Abbas and Prime Minister Mohammad Shtayyeh, and a number of UN officials also. The Tánaiste used these meetings to discuss how Ireland can support efforts towards a durable two-state solution to the conflict and to convey Ireland's concerns about the impact of the occupation, including in respect of settlement activity and the blockade of Gaza.

Yesterday, 9 December, the Tánaiste briefed Ministers at the Foreign Affairs Council in Brussels on his visit to Israel and Palestine. He highlighted two specific issues which merit further discussion at EU level - annexation and the need for free elections in Palestine. The Tánaiste is concerned by appalling evidence of creeping annexation in the West Bank. Ireland and the EU's position on Israeli settlements could not be clearer. They are illegal under international law and fundamentally undermine the prospects for a two-state solution.

Israel's violation of human rights and mistreatment of Palestinians was also raised in these meetings.

The Tánaiste also raised the potential for elections in Palestine, which may take place in 2020, and which have not happened for more than a decade. EU members states must encourage Israel to facilitate voting for Palestinians in east Jerusalem also.

Ministers will return to the Middle East peace process in more detail at the January Foreign Affairs Council.

Regarding new thinking, this does not mean any departure from the two-state solution.

Regarding the labelling of products coming from the occupied territories, a French court challenging the rules on the labelling of settlement products was referred to the Court of Justice of the European Union. Ireland, as an interested member state, lodged observations on the case to endorse EU guidelines on the labelling of settlement goods issued in 2015 and appeared at the oral hearing in early April. The court's judgment was issued on 12 November and found that foodstuffs originating in the occupied territories must bear the indication of the territory of origin and when these products originate from a settlement, that must also be made clear on the label. Therefore, a boycott by citizens is possible and indeed by business.

Regarding the Control of Economic Activities (Occupied Territories) Bill, the Tánaiste has set out the Government's position in the Seanad and the Dáil. The Government's opposition to settlements is unequivocal. However, the proposals contained in this Bill go beyond what is in the Government's power to do. Trade is a matter of sole EU competence and that is clear in the treaties. Passage of the Bill would expose the State to legal action and to substantial and recurring damages and no Government could endorse that.

On settlements, we must choose policies which will be effective, are consistent with our position in the EU Single Market and customs union and will not be struck down as illegal, giving comfort to settlers rather than Palestinians. Informal soundings in Brussels indicate that the European Commission agrees that the Bill contravenes EU law as trade is a sole EU competence in the treaties and would take a legal challenge if the Bill was enacted.

On the issue of settlements more widely, all settlement activity is illegal under international law and contrary to Israel's obligations under the fourth Geneva convention on the treatment of civilian population under military occupation. It is also damaging the viability of a future Palestinian state. The Tánaiste spoke with the US ambassador about this matter when he met him on 20 November, shortly after Secretary of State Pompeo's comments. The views of the international community on settlements are extremely clear on this point and are comprehensively expressed in UN Security Council Resolution 2334 but also in many other UN Security Council resolutions.

See this speech in context