Michael D Higgins (Galway West, Labour)
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Question 38: To ask the Minister for Foreign Affairs his views on the results of the parliamentary elections in Israel; the implications which this result holds for the roadmap for peace; the mandate he feels that the incoming Government has been granted with regard to the future of Israeli and Palestinian negotiations; and if he will make a statement on the matter. [13169/06]

Dermot Ahern (Louth, Fianna Fail)
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I have been closely following the developments since last week's general elections in Israel. I offer my congratulations to acting Prime Minister, Ehud Olmert, on the success of his party, Kadima, which is now the largest party in the Knesset. It seems clear that he and other Israeli political leaders will need some time to negotiate the formation of a new coalition government.

The Irish Government strongly believes that as the political situation following the Palestinian and Israeli elections settles, it will be clear that the basic reality remains that the only way in which a lasting and peaceful settlement of the conflict can be found is through the negotiation of a mutually acceptable and viable two state solution. This must involve the coexistence in peace and security of the state of Israel and a truly viable Palestinian state with agreed international borders.

Negotiations on the basis of agreed fundamental principles are the only option. The pursuit of progress through unilateral actions by either party or both parties will not create the conditions for long-term peace. I therefore warmly welcome the statement by acting Prime Minister Olmert, in his victory speech on 29 March, that there is no good alternative to a peace agreement and that while his goal is to bring about the establishment of the final borders of Israel as a Jewish state and a democratic country, his Government will work to achieve this through negotiations and through an agreement with their Palestinian neighbours.

The Government looks forward to developing a good working relationship with the new Israeli Government and to maintaining the open and frank relationship which enables us to discuss directly and constructively our views on the obligations on the parties under the roadmap and under international law. We will continue to raise directly with the Israeli Government our concerns, which are shared by all our EU partners, on Israeli policies and activities in the occupied territories, which are contrary to international law and which threaten to undermine a solution based on the coexistence of two viable states.

I continue to hope that the new Hamas Government will take seriously the clear messages from the EU and the international Quartet on the conditions for engagement with the international community. They have also received clear advice on the way forward from President Mahmoud Abbas, their Arab neighbours and in direct discussions with representatives of the governments of Russia and Turkey.

The Government, in common with our EU partners, strongly supports the requirement that the Hamas Government renounces violence, disarms, recognises Israel's right to exist and accepts existing agreements reached by negotiation between the PLO, the Palestinian Authority and Israel. If there is any evidence of a willingness to make progress on these steps, based unequivocally on the continued absence of violence, I will strongly urge a response from the EU. The meeting of the General Affairs and External Relations Council, which I will attend in Luxembourg next Monday, will further review developments.

Michael D Higgins (Galway West, Labour)
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I find one part of that answer truly extraordinary. I understand that Prime Minister Olmert is, in fact, speaking about a unilateral extension of the borders of Jerusalem further into the occupied area, east through the Jordan valley. It has nothing whatever to do with the Quartet or the roadmap for peace. What Mr. Olmert has announced is in flat rejection of what were called the Quartet's final stage talks. The Quartet spoke about dealing with east Jerusalem as the final stage. When 8,200 families were removed from Gaza last year, some 36,000 permissions were given illegally in the occupied territories.

This has led the second report of the Euro-Mediterranean network of human rights organisations, which includes human rights organisations on all sides of the Mediterranean, to draw a distinction between what it calls operative diplomacy and the declarative diplomacy of the European Union. It means that the EU issues statements that have no implications but accepts what are called practical arrangements or new realities.

Dermot Ahern (Louth, Fianna Fail)
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No.

Michael D Higgins (Galway West, Labour)
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New realities are further illegal settlements. By accepting this language and these terms from Israel, the EU is undermining international humanitarian and human rights law. For the life of me, therefore, I cannot see how the EU is being of any assistance at all by accepting an alternative that has at its centre further illegal settlements in breach of international law and in flagrant breach of human rights law.

We all hope that Hamas, in turn, will take a political rather than a military direction. I agree entirely that it is urgent for it to do so. The flaw in what is happening, however, is that we in Europe will be presented with a reality in which the land will already have been spoken for. There is now no final stage in the Quartet talks. The land is already occupied.

Dermot Ahern (Louth, Fianna Fail)
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In his initial statements, the acting Israeli Prime Minister, Mr. Olmert, indicated that he looks forward to dealing with the Palestinians on the basis of negotiations. Through the EU, the Irish Government has always made it known strongly that the transfer by Israel of its own population into occupied territory is in breach of the Fourth Geneva Convention. The situation is that such transfers are illegal. The EU will accept nothing less than a return to the pre-1967 border situation.

I accept that the direction that has been taken by the Israeli authorities concerning the occupied territories and building the wall goes against the principles agreed in the roadmap. It also goes against the principles accepted by the international community on having a two state solution. Equally, however, there are questions to be answered by the Palestinians on whether Hamas is willing to accept democracy and the normal rules under which it would participate in a democracy. Getting a mandate in a democratic election brings with it responsibilities. As the Deputy knows with regard to our own experience, Hamas cannot be part of the democratic system if it still adheres to violence.

Michael D Higgins (Galway West, Labour)
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I have no difficulty with the Minister's statements on Hamas. However, while Israel has been in breach of human rights law and international humanitarian law, the decision of the European Union to enter into technical arrangements on customs co-operation and make an informal arrangement on research was a reward for breaking Article 2 of the basic agreement between Israel and the European Union. The European Union watched and saw clear breaches, offered no sanctions and stayed silent on the further occupation of the land, especially that which extends beyond east Jerusalem.

It was interesting that the Heads of Mission and representatives of various European countries prepared a report last October and November in which they appealed to their Heads of State to make a statement before it was too late on the further expansion of east Jerusalem. That is now a key situation. East Jerusalem has been expanded by an area one and a half times the size of Paris. Entire communities have been surrounded and it will effectively cut the occupied West Bank in two. What is left as a viable Palestinian state are three cantons, namely, Gaza and the north and south occupied West Bank. It is time to realise that what is being put at stake by these unilateral actions is the viability of the two state solution itself.

Dermot Ahern (Louth, Fianna Fail)
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In answer to Deputy Michael D. Higgins, the EU could break off all discussions with Israel on the basis of what that country is doing. I fully accept what the Deputy stated about its extension into occupied territories. It is incumbent on the EU and the international community to exhort Israel. The comments made by acting Prime Minister, Mr. Olmert, and the non-violence so far of Hamas provide a possibility. It is accepted that the situation is very fraught and difficult. The coming weeks will tell a tale on how far——

Michael D Higgins (Galway West, Labour)
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A total of 100 or 120 Deputies are in favour of——

Dermot Ahern (Louth, Fianna Fail)
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The Deputy should let me finish. He has got himself into a froth.

It is not correct to state the EU should break off relationships with Israel. A number of association agreements with Israel exist, as does the neighbourhood action plan. These allow us the authority to raise issues on the basis we are all on the one side in dealing with Israel through normal bilateral arrangements between a country such as Israel and the EU. They give us the authority to be able to dictate to Israel our view on what should happen regarding the occupied territories——

Michael D Higgins (Galway West, Labour)
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We have not dictated very much.

Dermot Ahern (Louth, Fianna Fail)
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——and the wall. I do not think the Deputy suggests——

Michael D Higgins (Galway West, Labour)
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I do not suggest breaking off.

Dermot Ahern (Louth, Fianna Fail)
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——we should in some way break off the normal type of other——

Michael D Higgins (Galway West, Labour)
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I do not suggest that.

Dermot Ahern (Louth, Fianna Fail)
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The Deputy stated the EU entered into customs relationships——

Michael D Higgins (Galway West, Labour)
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I stated the human rights conditions in the treaty should be exercised. There is no evidence the Minister is doing so.

Dermot Ahern (Louth, Fianna Fail)
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There is. The Deputy should check the record.

Michael D Higgins (Galway West, Labour)
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I have. There is no evidence the Minister is succeeding in any pressure.

Dermot Ahern (Louth, Fianna Fail)
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I disagree with the Deputy.