Michael D Higgins (Galway West, Labour)
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Question 59: To ask the Minister for Foreign Affairs his views on whether the proposed withdrawal from Gaza announced by Israeli Prime Minister Sharon is the first step in a comprehensive set of initiatives within the context of the road map for peace or, as some have suggested, is an attempt to develop an alternative to the road map for peace; his further views on whether the recent ceasefires announced by the Israeli Prime Minister and the President of the Palestinian Authority have the potential to secure a just and lasting peace in the Middle East if they are allowed to stand on their own; his further views on whether significant progress on the issues of settlement in the West Bank, east Jerusalem, and the release of prisoners are matters which must be quickly addressed; if he has represented such views to his colleague Ministers in the EU; and if he will make a statement on the matter. [7795/05]

Dermot Ahern (Louth, Fianna Fail)
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The Government, together with Ireland's partners in the EU, has repeatedly reaffirmed its position that the proposed Israeli withdrawal from the Gaza Strip is to be welcomed so long as it takes place in conformity with the conditions endorsed by the European Council in March 2004. The Council noted five elements which are essential to make a Gaza withdrawal acceptable to the international community: it must take place in the context of the road map; it must be a step towards a two-State solution; it must not involve a transfer of settlement activity to the West Bank; there must be an organised and negotiated hand over of responsibility to the Palestinian Authority; and Israel must facilitate the rehabilitation and reconstruction of Gaza. There appears to be an increased likelihood that these criteria can be met.

In common with our EU partners and the wider international community, I welcomed the agreement which was reached at the Sharm-El-Sheikh summit for the cessation of violence and military activity by both sides. Such an end to the cycle of violence is indispensable to the prospects of a return by both sides to negotiations for an end to the conflict leading to two states, Israel and Palestine, living at peace within secure and recognised borders. There is no substitute for political negotiations between the parties to the conflict leading to a lasting political settlement.

Among the favourable outcomes of the Sharm-El-Sheikh summit were the further commitments from the Israeli side to a series of confidence-building measures, including the release of Palestinian prisoners. This was an important step and I welcome the fact that effect has been given to this commitment and that discussions are continuing between Israel and the Palestinian Authority over further releases.

As regards the need to resolve the issue of settlements, the Government has consistently taken the view that the transfer of its own population into occupied territory by an occupying power is a breach of the Fourth Geneva Convention. The settlements established in the occupied Palestinian territories of the West Bank and Gaza Strip by the Israeli authorities are illegal and should be dismantled. Land seizures by the occupation forces for the purposes of settlement are not recognised under international law. Both Ireland and the EU have made these views known to the Israeli Government on numerous occasions.

I welcome the fact that the withdrawal announced by the Israeli Government includes withdrawal from a number of settlements in the West Bank. I hope that this will mark the beginning of a wider pull-back to the pre-1967 frontiers.

Michael D Higgins (Galway West, Labour)
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I thank the Minister for his comprehensive reply. May I ask him specifically if there is evidence that the issue of east Jerusalem is on the table for negotiation and resolution on the part of Israel? With reference to his remarks about the reduction in settlement in the West Bank, is he aware that the withdrawal from Gaza, if it included all settlers, would be 7,500 settlers, whereas in the West Bank the number of settlers is 240,000 and the number of Palestinians in east Jerusalem is 120,000? Has the Minister noted any sign that the Gaza withdrawal is not as has been described by a senior adviser to the Sharon Government, one that is an alternative to the peace plan?

Is there any evidence that progress is being made in the areas with the worst kind of settlement, namely, the West Bank and East Jerusalem where, until a recent decision of the Israeli Attorney General, there was a threat that Palestinian property would be taken over on the basis of absenteeism?

I welcome the statement on the release of prisoners. What initiative can be taken by Ireland and its partners to drive on the process, past the Gaza withdrawal, to include the issues of the West Bank and East Jerusalem?

Dermot Ahern (Louth, Fianna Fail)
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On a general point, I intend to travel to the Middle East in the not too distant future and will meet with the representatives of the Israeli Government and the Palestinian Authority. It is also anticipated that I will visit Jordan and Egypt and I will raise all these concerns. This will be a slow process but the indications are fairly favourable and hopeful. The Israelis will move out of Tulkarem next week. We regard this withdrawal, if it takes place, as a good template for further disengagement.

The Law on Absentee Property and the issue of confiscation have been raised by the EU External Relations Council which has called on the parties to refrain from taking action. My understanding is that following legal advice the Israeli authorities are reviewing the decision taken in this matter. This issue is raised at every meeting of the External Relations Council to keep pressure on the Israelis.

Michael D Higgins (Galway West, Labour)
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Regarding the decision of the International Court of Justice on the routing of the wall on Palestinian territory and the later decision by the Israeli Supreme Court that the incursion into Palestinian territory is excessive, is there any indication from the Israeli authorities that they will withdraw to the green line?

I visited Palestine a few weeks ago. Is the Minister satisfied the withdrawal from Gaza will leave the Palestinian Authority without a right of access to the sea and will place a barrier between it and Egypt? Even after the withdrawal, Gaza will not be in contact with any other sovereign country.

Dermot Ahern (Louth, Fianna Fail)
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Again, I make the general point that any withdrawal must take place in co-ordination with the Palestinian authorities. The withdrawal from Tulkarem due next week will take place in consultation with the Palestinian authorities and with their co-operation.

Some sections of the wall have been rerouted closer to the 1967 line. While this reduces the negative impact on the Palestinian population in the areas in question, it does not overcome the fact that the building of the barrier on Palestinian territory is illegal. This is the view of the European Union and the International Court of Justice and remains our position. While we accept the Israeli Government has a duty to protect its people, Ireland and the European Union have forcefully stated that the siting of the wall is wrong and it should be moved to the pre-1967 line.