Michael D Higgins (Galway West, Labour)
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Question 99: To ask the Minister for Foreign Affairs the latest situation in Israel and the Palestinian territories, specifically with regard to the position in the Gaza strip; if he is in a position to give details regarding proposals to extend the ceasefire for a further six month period beyond its expiration in December 2008; and if he will make a statement on the matter. [38565/08]

Micheál Martin (Cork South Central, Fianna Fail)
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Ireland, together with its EU partners, is committed to a negotiated and comprehensive settlement in the Middle East, with a two-state solution to the Israeli-Palestinian conflict at its core.

Ireland strongly supports the Annapolis process, launched under US auspices in November 2007, aimed at reaching agreement between Israel and the Palestinians by the end of this year. While it is clear now that this deadline will not be met, it is understood that some progress has been made in the discussions, which have been led by out-going Israeli Prime Minister Ehud Olmert and Palestinian President Mahmoud Abbas. The priority now must be to ensure that this progress is carefully preserved for immediate resumption of talks once a new administration is in place in Washington, and after the upcoming elections in Israel.

As Deputies will be aware, Foreign Minister Tzipi Livni — who succeeded Prime Minister Ehud Olmert as leader of the Kadima Party on 17 September — has been unsuccessful in her efforts to construct a coalition and, on 26 October, she requested President Peres to dissolve the Knesset. It now appears highly likely that a general election will take place early in the new year, perhaps around mid-February.

The Government remains seriously concerned about the humanitarian and security situation in Gaza, which has effectively been isolated since the Hamas takeover in June 2007. We have consistently called for an end to the isolation of the people of Gaza, in particular through the re-opening of crossing points for the movement of people and goods. Despite a ceasefire between Israeli forces and Hamas, in place since 19 June 2008, Israel has continued to maintain the closure of all border crossings for the movement of people, with limited exceptions. Rafah international crossing point, the only border crossing via a country other than Israel, also remains closed since June 2007, with very limited openings.

The Government agrees with those who state that the effective isolation of Gaza constitutes collective punishment and is illegal under international humanitarian law. While Israel argues that essential supplies are being allowed into Gaza, there is no doubt that the population of 1.5 million has been facing unsustainable conditions of daily life. Ireland will continue to work with EU partners to ensure that our concerns about these matters are conveyed to the Israeli Government at every appropriate opportunity.

I deeply regret yesterday's violent incidents which saw the deaths of six Palestinians and the firing by Hamas of numerous rockets. I hope these will not derail the ceasefire, and I fully support the efforts being made by Egypt to have it extended beyond the official expiry date of 18 December.

Additional information not given on the floor of the House.

More generally, I welcome the improved security situation in the West Bank, and hope that it will result in the urgent lifting of restrictions on access and movement for ordinary Palestinians there, facilitating greater economic activity and growth. However, the continued construction of Israeli settlements remains of serious concern. We have called for decisive action by the Israeli Government to freeze all settlement construction and dismantle outposts, in line with their commitments under the roadmap for peace in the Middle East.

I support and commend efforts being made by Egypt, on behalf of the Arab League, to advance reconciliation between Fatah and Hamas. Success in these discussions is greatly in the interests of the Palestinian people, and can only help to underpin efforts to secure a lasting peace.

Michael D Higgins (Galway West, Labour)
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I welcome the Minister's reiteration of the principle of collective punishment, as per his description of what is taking place in Gaza. To save time I shall put some quick questions. If the Government recognises that what is taking place constitutes collective punishment, what measures are being taken to ensure compliance with the human rights conditionalities attached to the EU-Israel agreement? Is it not the case that relationships have been deepened without any cognisance being taken of compliance or breach of compliance with the human rights conditionalities?

With regard to the Minister's reference to the Rafah crossing point, is it not the case that the EU as part of its own negotiations in relation to facilitating the crossing, undertook certain procedures which are missing on the ground? Effectively the Rafah crossing is closed.

With regard to the Minister's reference to the takeover of Gaza by Hamas, is it not the case that the international community urged Palestinians to conduct elections, which led to the election of Hamas? It was singularly unhelpful to have proscribed Hamas in advance. Therefore, constructing proposals for peace in the West Bank or dealing with the situation generally and specifically with Abbas to the exclusion of Hamas is not likely to bring progress.

Micheál Martin (Cork South Central, Fianna Fail)
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I take the overall points made by the Deputy. With regard to the EU-Israel agreement, Ireland was one of the strong advocates for a linkage between it and political developments and commitment to a two-state solution. This was not entirely appreciated by the Israeli Government, as was articulated to me by Foreign Minister Livni, when I met her. I was asked why Ireland was so strong among EU states in taking a position on this. A number of other states joined us in that. It is an ongoing issue in the EU. Some member states, in essence, want to separate a policy of a strong trade and economic agreement with Israel from the political process and human rights issues within the Middle East. We have a clear position on that, insisting that there has to be linkage. Almost all the EU states regularly criticise the ongoing settlement within Palestine and so on, which in our view is compounding the difficulties of ultimately reaching a solution.

Michael D Higgins (Galway West, Labour)
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In the context of the EU-Mediterranean agreement, why allow for a deepening of the relationship without any evidence of compliance on the human rights' side? Why not, for example, stipulate a six-month period in order to monitor compliance and then, at the end of the six months, decide where we stand on the agreement?

Micheál Martin (Cork South Central, Fianna Fail)
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I empathise with the Deputy's views, but we make our stance, and continue to do so, within EU meetings and that is where we articulate our position. On the Hamas question, there cannot be an overall political settlement which does not include Gaza. It is, therefore, logical that Hamas must be involved at some point. However, the EU is not ready to negotiate with Hamas until it recognises Israel's legitimate right to exist and renounces the use of violence as a political tactic. There are responsibilities on all sides.

We believe the key enabler in this area is the Egyptian process of developing reconciliation between Fatah and Hamas. We support the Egyptian initiative in this regard. That initiative is an important prelude to any overall settlement.