Marian Harkin (Sligo-Leitrim, Independent)
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51. To ask the Minister for Foreign Affairs and Trade the actions he has taken to persuade the European Commission to suspend the EU-Israel association agreement. [20548/24]

Marian Harkin (Sligo-Leitrim, Independent)
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I very much welcome the fact that Ireland, along with some of our European colleagues, proposes to recognise the state of Palestine before the end of the month. I believe the Minister's work and leadership on this matter has been very positive. However, I want to raise another issue that is very important, namely, the EU-Israel trade agreement, something I have raised many times in the House. I have written to the Commission and spoken to the Minister about it. What are we doing to try to move forward and review this agreement? I believe it should be suspended.

Micheál Martin (Cork South Central, Fianna Fail)
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I thank the Deputy for her kind comments. As she is aware, the then Taoiseach, Deputy Varadkar, and Prime Minister Sánchez of Spain wrote to the President of the European Commission on 14 February of this year, requesting an urgent review of whether Israel is complying with its human rights obligations under the EU-Israel association agreement. The letter further requested that the Commission propose appropriate measures for the consideration of the Council, should it find that Israel is in breach of its obligations.

This request was followed up at senior level with the cabinet of President von der Leyen on 12 March. It was also discussed by EU foreign ministers at the Foreign Affairs Council on 18 March. While this initiative does not enjoy the support of all EU partners, it remains my firm view that the European Commission should respond in a meaningful manner to the Irish-Spanish request. This was further emphasised by the Taoiseach when he met President von der Leyen on 11 April. Ireland’s request regarding the EU-Israel association agreement is just one element in our efforts to shape EU policy in the context of the current crisis. It is also consistent with our overall approach, which is grounded in respect for international law.

In my view, the European Union can and should do much more to use the levers at its disposal to exert pressure on Israel. This will remain a priority for my continuing engagement at EU level. The importance of Ireland’s intensive efforts through bilateral diplomatic channels, co-ordination with like-minded partners, leadership within the European Union and our clear and principled voice at the United Nations are fully understood and appreciated by our Palestinian and international partners.

Marian Harkin (Sligo-Leitrim, Independent)
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I am pleased to hear that by February the Government had moved to this point. I, along with my colleagues in the Independent Group, wrote to the Commission last November. Article 2 of the trade association agreement is very clear and states that the provisions of the agreement shall be based on respect for human rights and democratic principles to guide internal and international policy and constitutes an essential element of this agreement. I voted for that agreement in the European Parliament. We spent a lot of time examining trade deals and the carrot-and-stick aspect, as it were. This agreement makes a mockery of that, and I do not say that lightly. If at this point the EU is not reviewing that trade agreement, what is the point in us voting for something like that? When I initially raised this issue, the response was not positive from the Government. I know the Minister has come around to it. Can anything else be done at this point to move things forward so that the EU can stand over what is in its own trade agreements?

Micheál Martin (Cork South Central, Fianna Fail)
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I welcome the Deputy's contribution. She is correct that when the EU signs and supports association agreements, these clauses have to mean something. I refer in particular to Israel's compliance with the essential elements clause of the agreement. The Commission needs to carry out a review. Josep Borrell has initiated a discussion on this, and I understand some work has been done in the context of the external action service in respect of assessing this.

Fundamentally, the letter from Prime Minister Sánchez and the former Taoiseach, Deputy Varadkar, requested that the Commission carry out a review of the association agreement in terms of whether the clauses were being fulfilled adequately by Israel. It is our view that those clauses have to mean something. We are clear that there has been a breach of international humanitarian law by Israel in Gaza. What is happening to Palestinians in Gaza is unacceptable by any humanitarian yardstick.

Marian Harkin (Sligo-Leitrim, Independent)
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I thank the Minister. As I said, I appreciate his work on this. At the same time, we are a party to this trade agreement. We signed it and voted for it in the European Parliament, and the Government ratified it. Therefore, the Government has a responsibility to do whatever it can. I know this issue was raised by the Government in February. As I said, I raised it with the then Minister, Deputy Simon Coveney, in November. At that point he spoke about agreements between the EU and state of Israel not applying to the territories occupied by Israel in 1967. I pointed out that, of course, there are international as well as national agreements. It is not all about whether something is inside Israel's territory; it is about what is happening outside.

Europe Day is marked today. Regarding trust in the European project, we must mean what we say. This is an example of where we can show that we mean what we say. I thank the Minister for his work on this matter and ask him to do the very best he can to get the agreement reviewed because it would send a strong signal from the European Union. I believe the agreement needs to be suspended. We cannot wait any longer to show that Europe does mean what it says.

Micheál Martin (Cork South Central, Fianna Fail)
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As the Deputy knows, trade relations between the European Union and Israel are governed by a free trade area as part of the EU-Israel association agreement. That agreement was signed as far back as 1995 and entered into force in 2000. It forms a basis for relations between the European Union and Israel, governing the trade relationship as well as including political aspects. The last association council took place in October 2022, following a delay of ten years.

In principle, if the EU and its member states formed a view that there is a serious and persistent violation of the requirement to respect human rights as an essential element of the association agreement and that the situation is one of special urgency, it could seek to rely on article 79 to suspend the agreement in whole or in part. We believe that is the case and that is why, along with the Spanish Government, we have written to the Commission to seek a review of this.

In doing so, there is a requirement to prioritise those measures which least disturb the functioning of the agreement. A Council decision would be required to suspend an association agreement, with unanimity likely to be the applicable voting rule.

We have requested that the Commission would undertake an urgent review of whether Israel is complying with its obligations under the EU-Israel association agreement, which makes respect for human rights and democratic principles an essential element of the relationship and that if it considers Israel to be in breach, it would propose appropriate measures to the European Council to consider.