Donnchadh Ó Laoghaire (Cork South-Central, Sinn Fein) | Oireachtas source

I move:

That Dáil Éireann: notes that:

— the advisory opinion rendered by the International Court of Justice (ICJ) on 19th July, 2024, regarding the legal consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem in response to United Nations General Assembly Resolution 77/247 of 30th December, 2022;

— the ICJ found that states have a duty to "abstain from entering into economic or trade dealings with Israel concerning the Occupied Palestinian Territory (OPT) or parts thereof which may entrench its unlawful presence in the territory" and "to take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the Occupied Palestinian Territory"; and

— the ICJ further found that all states are "under an obligation not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the Occupied Palestinian Territory";

recalls that:

— on 24th January, 2018, Senator Frances Black introduced the Control of Economic Activity (Occupied Territories) Bill 2018, in Seanad Éireann;

— on 5th December, 2018, the Control of Economic Activity (Occupied Territories) Bill 2018, passed Fifth Stage in Seanad Éireann;

— on 23rd January, 2019, Fianna Fáil introduced the Control of Economic Activity (Occupied Territories) Bill 2018, in Dáil Éireann;

— while introducing the Bill in the Dáil, Niall Collins TD, expressed "To those who have tried to dissuade us from supporting the Bill and say that it is not the time for such a Bill, I say if this is not the time to act, when will that time come?";

— Darragh O'Brien TD, expressed that "The time for waiting is over now" and that "The time for waiting for a pan-European approach is over at this stage";

— Jim O’Callaghan TD, expressed fear that the then Government would block the Bill by invoking Article 17.2 of the Constitution;

— on 24th January, 2019, the Control of Economic Activity (Occupied Territories) Bill 2018, passed Second Stage in Dáil Éireann;

— Fine Gael did proceed to block the Bill by invoking Article 17.2 of the Constitution;

— despite the 2020 Fianna Fáil general election manifesto containing a commitment to "Progress the Occupied Territories Bill" the Bill was not progressed following Fianna Fáil entering Government with Fine Gael, in the aftermath of the election;

— on 22nd October, 2024, then Tánaiste and Minister for Foreign Affairs, Micheál Martin TD, having received legal advice in relation to the Control of Economic Activity (Occupied Territories) Bill 2018, welcomed that the advisory opinion of the ICJ stated that states have a duty including "an obligation to take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the OPT";

— in advance of the general election of 29th November, 2024, on 30th October, 2024, then Tánaiste and Minister for Foreign Affairs, Micheál Martin TD, formally requested that the block invoked under Article 17.2 of the Constitution be removed;

— on 5th November, 2024, Dáil Éireann referred the Control of Economic Activity (Occupied Territories) Bill 2018, to the Oireachtas Select Committee on Foreign Affairs and Defence, for Committee Stage;

— in advance of the general election of 29th November, 2024, on 5th November, 2024, then Tánaiste and Minister for Foreign Affairs, Micheál Martin TD, informed the Oireachtas Select Committee on Foreign Affairs and Defence that the ICJ advisory opinion represented "an authoritative statement of applicable international law, which is binding on all states and international organisations"; and

— in advance of the general election of 29th November, 2024, during a televised leaders' debate, then Taoiseach Simon Harris TD, stated "I'll support the legislation [the Control of Economic Activity (Occupied Territories) Bill 2018]. The legislation which complies with the ICJ findings..." following which a statement from Fine Gael stated that "Fine Gael is in favour of passing the Occupied Territories Bill";

regrets that the current Programme for Government commitment fails to meet the obligations of the ICJ opinion through only committing that "This Government will progress legislation prohibiting goods from Occupied Palestinian Territories, following [sic] the July 2024, International Court of Justice Advisory Opinion"; and

calls on the Government to progress the Control of Economic Activity (Occupied Territories) Bill 2018, and introduce a legislative ban, in line with the opinion of the ICJ, on all trade, including services, with Israel's illegal settlements in the Occupied Palestinian Territories, including East Jerusalem.

I will start by reflecting on the events of the past 24 hours with President Trump effectively endorsing the erasure of Gaza and the displacement of the Palestinian people living there, contrary to all international law and to any sense of what is right and wrong, what is sensible and workable, or what is acceptable. After all the bombing, death, destruction and devastation the people of Gaza have faced in the past year and a half we finally saw a ceasefire and the release of hostages on both sides. Some relief and some respite after carnage and misery has now given way to worry about what President Trump, and Netanyahu by his side, intends to do.

Earlier today the Tánaiste said that he intends to adopt an approach of responding to the actions of the US Administration rather than its words. So be it.

If we have learned anything in politics in recent years, however, it is that no matter how outlandish a prospect something may seem, it cannot be ruled out. What President Trump has proposed is utterly unacceptable and treats the Palestinian people as pieces on a board rather than a people living in their homeland, as is their right. I urge the Taoiseach not only to make a strong statement himself but to seek a strong EU statement in opposition to any such proposal and to push for a recommittal to a two-state solution by the United States.

The ceasefire, such as it is, is fragile. We have seen breaches in Gaza and, most particularly, in the West Bank. In the past, Israel has acted with impunity due to much of the international community looking the other way. That is why the occupied territories Bill matters. It is about applying international law. This is about the International Court of Justice, ICJ, judgment and nothing less. It is long past time for the Government to commit, finally and at last, to enacting the occupied territories Bill. The Government, or constituent parts of it, have already committed to this numerous times over six or seven years. Now of all times, when the very existence of the State of Palestine is being questioned, is not the time to walk away. Now is the time for the Government to put its money where its mouth is.

Commitments were made by Government Deputies quite robustly on some occasions. "To those who have tried to dissuade us from supporting the Bill and say that it is not the time for such a Bill, I say if this is not the time to act, when will that time come?" Those were the words of Deputy Niall Collins on 23 January 2019. "The time for waiting is over now ... The time for waiting for a pan-European approach is over at this stage."  Those were the words of Darragh O'Brien, TD, now Minister, during the same debate. The 2020 Fianna Fáil manifesto contained a commitment to progress the occupied territories Bill. Fine Gael, for its part, has long committed to this, including during the recent general election, as has the Tánaiste himself. If anything, the case has grown stronger over the years as the International Court of Justice decision came forth.

In truth, whether sincerely or as a matter of lip service, all we have seen over the past six or seven years has been excuses. They have varied over time. We have been told it is not the right time and that we do not have enough time. When time was offered, it was not taken up. We were also told there was not a shortage of time after all but there were technical issues. Since the formation of this Government, we have seen the walk back and the walking away. A mounting list of Government sources indicate a new Bill with not just technical but fundamental differences to the occupied territories Bill. Unless the Government changes policy, that Bill is being dropped. That is why, despite some of the high-minded prose, we cannot accept the Government amendment to the motion. It is now crystal clear the Government does not wish to progress the occupied territories Bill and that a ban on profiting from services in occupied territories will be dropped. The simple crux of the matter is that illegal settlements are wrong and abhorrent, and profiting from them is wrong and abhorrent. The people recognise this and want action.

To some, the distinction between goods and services might seem technical, but it is not. Such a distinction is fundamentally undermining the International Court of Justice decision. It did not make fish of one and fowl of the other. This is not the 1930s. We are not talking about a world where trade is dominated by coal, steel, cotton and so on. Approximately 70% of our trade is in services. If the Government intends to exclude services, it will be saying it is acceptable for companies to profit from businesses in financial services, call centres and other businesses not trading in goods. If we believe that occupation is wrong, surely profiting from it is also wrong. The people want a legislative ban in line with the opinion of the ICJ. The Government's current position is walking away from past Government policy. When sanctions were put in place on Russia, the Government correctly did not make any distinction between services and goods. The inconsistency here is remarkable.

The Government will try to pretend there is nothing to see here. It will point to past actions it has taken. I would point out those actions have often been taken under pressure from the public and the Opposition. Nonetheless, we welcomed those actions. The recognition of the Palestinian state was significant to a large extent because it made clear that occupation was wrong and illegal. On this issue, the Government cannot pull the wool over people's eyes. If we wish to see a two-state solution and sustainable peace, international law must be respected. If we wish to see international law respected, illegal occupations must be unacceptable. If illegal occupations are unacceptable, how can we allow services to be traded and companies to profit by trade of services with Ireland without any sanction or disincentive? That is an absurd suggestion.

I note the Government's amendment to the motion, which references one of the occupied territories Bill's sponsors, Senator Frances Black. When I spoke to her earlier, she made it clear that she will not stand for any watering down of the Bill or any distinction between goods and services. She has been waiting for a meeting with the Government since she requested one in January.

The very existence of the Palestinian state has been brought into question in the past 24 hours. Now, above all, is the time to stand with it. If the Government is going to be consistent with its past positions, there needs to be an absolute ban on trade with the occupied territories and the occupied territories Bill needs to be progressed. It must not be dropped. We should not opt for a new Bill or drop the ban on services. We will gladly deal with debates on technical issues on Committee Stage. This Bill has been before these Houses for six or seven years and we cannot allow more excuses and prevarication. It has to be done right. Dropping the Bill and dropping the ban on services is not only morally wrong, it is contrary to the International Court of Justice decision. Doing so would be incompatible with that decision.

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