Roderic O'Gorman (Dublin West, Green Party)

I thank colleagues in the Independent and Parties Technical Group for bringing this motion forward. I am pleased to speak in favour of it but I am absolutely dismayed to find myself a year after a general election, where the occupied territories Bill was a key part of the national conversation, to be still discussing the need to pass the OTB. Both Fianna Fáil and Fine Gael made commitments to enact the Bill during the election campaign, which was a significant change from their previous views, and a promise to the electorate that they would not do anything to block the progression of the Bill anymore. Those changes came about in light of the opinion of the International Court of Justice, which gave the Government a much stronger legal footing to enact the Bill. There were previous legal concerns about the ability of the Bill to withstand challenges in the European courts but the ICJ opinion addressed those concerns. Indeed, it went further. The court noted that we are obliged to take steps to prevent trade or investment relations that insist in the maintenance of the illegal situation created by Israel.

At the time, both the Taoiseach and the Tánaiste committed to progressing the Bill. What has happened since then? In January of this year, the Government announced it would bring forward its own occupied territories Bill-lite, abandoning Senator Frances Black's legislation and removing the issue of services from the Bill. Neither the Taoiseach or the Tánaiste have ever been able to convincingly explain to the Irish public why they believe services need to be omitted. The Tánaiste told us he had received legal advice but, as someone who received the same legal advice from the Attorney General in the summer of last year, I can say there was absolutely no reference within it to a need to make a distinction between goods and services. It was a 23-page letter that went into great detail about the issues the Attorney General had with the Bill but, in 23 pages, there was not one reference to a need to make a distinction between goods and services.

What has happened since then? The Dáil has continued to raise pressure on this issue. In February, we debated a motion on the topic. There were statements on Gaza in May, July and October. We now have a recommendation from the foreign affairs committee to progress the Bill. Clearly and importantly, it recommends that we progress the Bill while including services. Despite this, we still have no occupied territories Bill enacted. Let this be the last time we have to bring forward a motion to discuss what the Government is doing. We have a new Minister for foreign affairs. I wish her well in her role. She has said this will be a top issue for her. There can be no question but that an occupied territories Bill that is passed without the inclusion of services is not what the Irish people want nor is it what the majority in this House wants. Most importantly, it will not meet the legal obligations of Ireland and other member states under international law, which were set out clearly by the International Court of Justice. We need to pass this Bill and it must include services.

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