Seán Haughey (Dublin Bay North, Fianna Fail)
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4. To ask the Taoiseach if he will report on his attendance at the EU, western Balkans summit and at the European Council in Brussels on 13, 14 and 15 December 2023. [57117/23]

Bríd Smith (Dublin South Central, People Before Profit Alliance)
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5. To ask the Taoiseach to report on the December European Union Council meeting. [2802/24]

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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6. To ask the Taoiseach to report on the December European Union Council meeting. [2805/24]

Paul Murphy (Dublin South West, RISE)
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7. To ask the Taoiseach to report on the December European Union Council meeting. [2808/24]

Mick Barry (Cork North Central, Solidarity)
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8. To ask the Taoiseach to report on his attendance at the December European Union Council meeting. [2897/24]

Leo Varadkar (Dublin West, Fine Gael)
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I propose to take Questions Nos. 4 to 8, inclusive, together.

I participated in the western Balkans summit which took place on 13 December in Brussels. The meeting brought together EU leaders with their counterparts from six countries in the western Balkans, namely, Bosnia and Herzegovina, Kosovo, North Macedonia, Albania, Montenegro, and Serbia. On conclusion of the summit, the EU and the leaders of the six western Balkan countries signed the Brussels Declaration. This reaffirms the EU membership perspective of the countries of the western Balkans and the commitment of the countries involved to continue to undertake the political and economic reforms required for EU accession, including in the area of the rule of law. The declaration also underlines the importance of economic development in the region, especially for building security, and welcomed the new growth plan for the western Balkans under which the European Union will provide substantial funding to the countries of the western Balkans.

On 14 and 15 December, I attended a meeting of the European Council. Leaders discussed their continued solidarity with Ukraine, the situation in the Middle East, enlargement, the mid-term review of the EU’s multi-annual budget for 2021 to 2027, security and defence, migration, hybrid attacks, the fight against antisemitism, racism and xenophobia, and the EU strategic agenda for 2024 to 2029. EU leaders restated their condemnation of Russia’s war on Ukraine and reaffirmed their unwavering solidarity with Ukraine and its people. Overall assistance made available to Ukraine from the EU since the start of the war has reached approximately €85 billion. Leaders stressed the importance of consistent and predictable solidarity with Ukraine through the European Peace Facility, the EU military assistance mission and direct bilateral assistance from member states. We welcomed the agreement on the 12th package of sanctions and stressed the need to ensure compliance to avoid circumvention. Most significantly, in line with the recommendation of the Commission, we agreed to open EU accession negotiations with Ukraine and Moldova and to grant candidate status to Georgia. I have long said that Ukraine’s future belongs within the EU family, and this is another important step in making that a reality.

Given the need to ensure sustainable financial assistance to Ukraine, it was disappointing we were unable to reach a consensus on the mid-term review of the multi-annual financial framework, which includes a new facility for Ukraine of up to €50 billion in grants and loans over four years. The package of an additional €64.6 billion in total, which includes additional funding for areas like migration, had the endorsement of 26 member states but was blocked by Hungary. The European Council will therefore return to the matter at a further meeting in Brussels next week on 1 February, and I hope it will be possible to reach agreement.

We also had a strategic debate on the Middle East, but given our very different perspectives, it was not possible to agree conclusions on the very serious situation in Gaza. In our discussion, I was joined by a majority of leaders in calling for an immediate ceasefire to allow much-needed humanitarian access and to enable the release of the remaining hostages.

Leaders resumed our discussion on the European Council’s strategic agenda for the period 2024 to 2029, which will provide guidance for the next institutional cycle, including in the area of enlargement and reforms. It is set to be adopted by the summer of 2024.

Seán Haughey (Dublin Bay North, Fianna Fail)
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It looks like the Hungarian Prime Minister, Viktor Orbán, continues to be the bold child of Europe. It is to be welcomed that he left the room when the decision was about to be taken on opening accession talks with Ukraine and we should be thankful he did not veto this decision. There has been some criticism of the Commission President, Ursula von der Leyen, for unblocking the payment of funds to Hungary on the eve of the summit on the basis it had apparently reformed its legal system, as demanded by the EU. As the Taoiseach has said, Viktor Orbán did veto the allocation of more EU financial aid to Ukraine. This is happening at the same time as Republicans in the US are blocking the granting of arms support to that country. Is it proposed that the other 26 EU countries will now allocate this money to Ukraine bilaterally or is there a chance that this matter can be resolved at the next meeting of the European Council in February?

Why was it, as the Taoiseach referenced in his response, there was no mention in the final communiqué of the terrible events taking place in Gaza? I know Ireland, Belgium, Spain and Malta did Trojan work to try to get a joint statement on Gaza. Will the Taoiseach in his answer expand on why it was not possible to have any reference to these events in the final communiqué?

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I first raised with the Taoiseach in Taoiseach's Questions in the middle of November the Government's responsibility and obligations under the Genocide Convention. I have repeatedly raised it with him since and tried to explain it to him in multiple interventions, including in a Dáil motion in November. We are still discussing motions, and did so again this week, but the Government is clearly failing to discharge those responsibilities while the genocide continues in Gaza. When I first raised it with the Taoiseach in the middle of November, 11,000 people had been killed by Israel. Today, 25,000 people have been killed and 2 million people have been displaced.

I want to make it clear to the Taoiseach, who made reference to the Balkans in his response, that in previous rulings relating to Bosnia and Serbia, the International Court of Justice said that the Genocide Convention requires states to employ all means reasonably available to them to prevent genocide. It went on to say that a state incurs responsibility for breaching this obligation if it fails to take all measures to prevent genocide which were within its power and which might have contributed to preventing the genocide. I could go on but I do not have the time. The Taoiseach was asked about this in November, but as of this week, he is still saying that the Government is strongly considering intervention. Months on, with 10,000 more people murdered and the Government is still only considering it, when it has a clear legal obligation to act at the first instance of even a possibility of genocide. I ask the Taoiseach to respond to that.

Paul Murphy (Dublin South West, RISE)
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On Monday the Israeli foreign minister met with EU representatives. He showed them a video from a few years ago about plans to build an artificial island off Gaza where, basically, the Palestinians could be put.

It caused eyebrows to be raised, even among those who are not very clear in their opposition to the genocide that is currently taking place. If you want a clear signal that Israel intends to continue with the war, the massacre, the onslaught and the genocide, there you have it.

Let us be clear, however. Israel could not do what it is doing without the support of the US Administration. It gets approximately $4 billion a year in military aid and, this year, the Biden Administration has proposed an extra €14.5 billion. Joe Biden recently told a fundraiser, "We’re not going to do a damn thing other than to protect Israel. Not a single thing.” As long as Joe Biden supports this genocide, the Taoiseach should not go to the White House on St. Patrick's Day to give him a bowl of shamrock. Instead, we should send a signal around the world that Ireland stands with Palestine, that we are appalled at what is happening, and that we are opposed to the continuing US support of it.

Mick Barry (Cork North Central, Solidarity)
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I will ask about the European directive on combating violence against women, specifically the inclusion of rape in the directive. Every year, more than 100,000 rapes are recorded in the European Union. Backward laws prevent many more from coming forward and prevent many who do so from getting justice. I say shame on France, the Netherlands and Germany for trying to block a more progressive, consent-based definition of rape in that directive. Will the Taoiseach confirm that the Government will back the inclusion of a consent-based definition at the European Council? Does he agree that if change is blocked at that level, and even if it is not, more now needs to be done in Ireland to move urgently on legislation on affirmative consent? The Government has been painstakingly slow to pass progressive legislation. The safe access zones Bill has still not been passed and the constitutional amendment is too timid by far. This issue is one that many women and supporters of women's rights are looking at closely. I would like to hear an answer from the Taoiseach on the issues raised.

Leo Varadkar (Dublin West, Fine Gael)
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I thank the Deputies for their questions. Prime Minister Orbán of Hungary did not use his veto to block talks with Ukraine on membership. In fairness to him, he made his case and made it very strongly. He could have vetoed it but chose not to. It is unfair to mischaracterise him because by not using the veto he allowed European countries to proceed with the majority decision. He was not willing to do that as regards the budget. I hope we can come to a solution on 1 February. If we have to, there is a workaround. The other 26 member states could provide the financial package to Ukraine anyway on a multilateral or bilateral basis. What we would then lose out on, however, is the other aspect of the package, although it is a smaller one, which is about innovation, migration, helping to secure the external borders of the European Union, and investments in the western Balkans. It would be a shame to lose the package and only be able to proceed with the Ukraine element. For that reason, I hope we can come to a solution.

No conclusions were agreed on Gaza for a very simple reason. The majority of EU member states, including Ireland, wanted a specific call for a ceasefire. That was blocked by a minority of states, which take the view that the call for a ceasefire would not be adhered to by Hamas and would restrict Israel in anti-terrorist activities. We do not agree with that assessment but that is the reason they gave.

On Palestine, I reaffirm the Government's firm support for Palestinian statehood. It is not a gift to be given by Israel. The people of Palestine have a right to secure a homeland. We need to redouble our efforts at all levels to make sure that happens. We also respect Israel's right to defend itself, not just against other countries that attack it but terrorist organisations supported by other countries that attack it. However, the response in Gaza has been disproportionate and is in breach of international humanitarian law.

On the Genocide Convention, I restate that the Government supports the work of the ICJ and the ICC. We recognise their judgments and we provide those courts with funding. They have a very important role to play when it comes to accountability and deterrents. However, we have to be clear and honest with people on this. The ICJ did not stop the war in Ukraine and will not be able to stop the war in Gaza. I am not aware of any war that has ever been stopped by a court order. Wars end in one of three ways: military victory by one side over the other; an armistice or frozen conflict such as that in Korea; or a political and diplomatic settlement. We are putting our efforts into a political and diplomatic settlement, including a humanitarian ceasefire to allow aid to get in, the killing to stop and hostages to be released, followed by a permanent ceasefire, which would involve Hamas fighters and leaders leaving Gaza-----

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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What is the point of the convention then?

Leo Varadkar (Dublin West, Fine Gael)
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-----allowing the Palestinian Authority to take over Gaza with international support. That would then lead to talks not just on a two-state solution but on wider mutual security for the region. If we are serious about stopping this conflict and ending this 75-year cycle of violence and terrorism, that has to be our priority. However, we will of course take our role under the various international conventions seriously. The Attorney General will be in the Hague in person on 22 February to give Ireland's intervention regarding an ICJ case on the occupation of Palestine. We will consider South Africa's case when it is lodged, which it has not yet been. That is exactly the approach we took in respect of the Russia-Ukraine case.

I have taken an interest in the EU directive on violence against women. I spoke about it to Frances Fitzgerald, who is the rapporteur, and the Minister, Deputy McEntee. Ireland believes the definition of rape should be based on consent and not on force. Other countries have different views on that. We want to make sure anything agreed does not water down our own laws in any way because it is about consent and not force. There is now a risk that there will not be an EU directive at all because it has to get through in the next couple of weeks. The most important thing is that we get the directive through. I am a great believer in incremental progress. We might not get everything we want in it, but if we can get our first EU directive on this issue passed and through, we can then build on it into the future.

On the US Administration, I shared my views with the US ambassador and other members of the Administration on the situation in the Middle East. We have had the chance to meet casually at international meetings in the past couple of weeks. I look forward to having the opportunity to discuss the issue with President Biden in March should I be invited to attend the White House, which I have not been yet.