Donnchadh Ó Laoghaire (Cork South-Central, Sinn Fein)
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1. To ask the Minister for Foreign Affairs and Trade for an update on the progress of the Control of Economic Activity (Occupied Territories) Bill 2018. [4844/25]

Duncan Smith (Dublin Fingal East, Labour)
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2. To ask the Minister for Foreign Affairs and Trade for an update on the Government’s plan to introduce the Control of Economic Activity (Occupied Territories) Bill 2018; and if he will make a statement on the matter. [4852/25]

Donnchadh Ó Laoghaire (Cork South-Central, Sinn Fein)
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As this is our first question time in our new roles, I wish the Tánaiste well in his new role. While I will hold him to account, I also look forward to co-operation where appropriate.

We had a lengthy debate on the occupied territories Bill last week. There was a fair bit of discussion about the vehicle but, to my mind, a change of substance is afoot in what the Government is proposing. I will put the question simply because I do not think it was really answered. Is it the intention of the Government to ensure an effective ban on services from occupied territories?

Simon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 1 and 2 together.

I thank the Deputy. I wish him well in his new role and look forward to working with him and other members of the Opposition constructively at an important time in the world for Ireland's position on a range of foreign affairs matters.

I am conscious we are meeting against a backdrop of great fragility when it comes to the ceasefire, and I know that all sides of this House will agree on the importance of the ceasefire being maintained. It was long awaited and quite frankly took far too long, with far too many civilian deaths and far too many children having died. It has been the most horrific situation and we now need the ceasefire to hold. I am rather alarmed and concerned at some of the language I have heard in recent hours and days in respect of that situation. Everybody in the world needs to put their shoulder to the wheel to make sure that this ceasefire holds, that the hostages are released and that humanitarian aid flows.

As the Deputy is very much aware, the situation in Israel and Palestine is a major priority for the Government, as I know it is for the Oireachtas and people throughout Ireland. Our engagement is guided by our long-standing and principled position, notably respect for international law, respect for the equal right to self-determination, peace security and dignity for Israelis and Palestinians alike, and unwavering support for the two-state solution. I did set out the Government's approach on this issue in a detailed statement during Sinn Féin's Private Members' time in the Dáil last week, on 5 February. The immediate focus of the Government, and I hope that of the world, must continue to be the full implementation of the ceasefire and the hostage release deal. I welcome the release of hostages held in captivity by Hamas that has taken place to date, including the three hostages released last weekend. All hostages must be returned to their families.

We are at a critical moment for the ceasefire and the hostage release deal. A resumption of conflict in Gaza would be disastrous and everything should be done to avert this. Our focus must also be on supporting a significant and meaningful surge in humanitarian aid into Gaza at this critical time, and the Deputy will note the announcement I made in recent days in respect of the €20 million in funding for the United Nations Relief and Works Agency for Palestine Refugees in the Near East, UNRWA, to support its vital work.

As the House and the Deputy are aware, in light of the July 2024 advisory opinion of the International Court of Justice, ICJ, and the subsequent advice I sought from the Attorney General, the Government decided to review the occupied territories Bill, working with Senator Black. The Government's analysis, which was stated clearly, was that substantive amendments would be required to most, if not all, of the Bill's provisions to bring it into line with the Constitution and to reduce the risk of EU infringement procedures. Our programme for Government sets out a commitment to progressing legislation prohibiting goods from the occupied Palestinian territory and these considerations will remain central to our work in this regard.

In parallel, Ireland continues to press for action at EU level in light of the ICJ advisory opinion and discussions on the EU's legal position remain ongoing in this regard. While this House will be aware there are significant policy differences among EU member states, Ireland has been consistent in recalling that, in its relations with the wider world, the EU is required by its founding treaty to contribute to "the strict observance and the development of international law, including respect for the principles of the United Nations Charter."

We are clearly at a critical moment for the Middle East and for the prospects of the two-state solution. I am determined to continue Ireland's leadership and effective engagement and to focus Ireland's efforts on the areas that will have most impact at this time.

My overarching priority is to contribute to a co-ordinated and consolidated effort by the international community as a whole to support the ceasefire and hostage release agreement and the surge of humanitarian access into Gaza that it makes possible; to safeguard the two-state solution; to work towards the return of the Palestinian Authority to Gaza in accordance with UN Security Council Resolution 2735; and to uphold the equal right to self-determination, peace, security and dignity for Israelis and Palestinians alike.

We will work in line with the programme for Government commitment on legislation in relation to the occupied territories. We will work constructively with the Opposition. I look forward to sitting down with Senator Black in the coming days on this matter.

Donnchadh Ó Laoghaire (Cork South-Central, Sinn Fein)
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I share the Tánaiste's concern about the ceasefire. I might say some more on that, as I have another question later about Palestine and the Middle East. I urge people on all sides of the conflict to step back from the brink. With the limited time I have, I will return to the legislation. It seems that there is an attempt to obscure issues of substance with technical issues. There may be technical issues that can be worked through. That argument was not advanced by the Department of Foreign Affairs in discussion with Senator Black in advance of the election. It was felt that it was possible to make those changes within the body of the existing Bill. The Minister's position in political debate and discussion in advance of the election was to pass the occupied territories Bill. In order to clarify, I ask the Minister to set aside the vehicle for a moment and answer the clear question. In terms of the programme for Government commitment, is it the Government's intention to have a legislative ban on trading of services with occupied territories?

Eoghan Kenny (Cork North-Central, Labour)
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I am looking for an update on the Government's plan to introduce the occupied territories Bill. It is good to get the opportunity. I thank Deputy Duncan Smith for the opportunity to raise this issue. Do I have 30 seconds?

Ruairí Ó Murchú (Louth, Sinn Fein)
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You have 40 seconds left, Deputy.

Eoghan Kenny (Cork North-Central, Labour)
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I am new to the Chamber so I am trying to learn the logistics. Our leader, Deputy Bacik, met the Palestinian ambassador this morning. I share the concerns Deputy Smith expressed last week and those our party leader shared in relation to the amendments the Government proposes and what they mean for the occupied territories Bill. As a young person, it comes up constantly in conversation with my friends. It is close to our debate. I ask the Minister to clarify the amendments, if possible.

Simon Harris (Wicklow, Fine Gael)
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I welcome Deputy Kenny. I share Deputy Ó Laoghaire's sentiments on the need to step back from the brink in protecting the fragile ceasefire in place. We will have an opportunity to engage on that shortly.

To be clear, the Government and I, as the Tánaiste and leader of my party, still believe in legislating in relation to trade with the occupied territories. We gave that commitment during the election. In fairness to the now Taoiseach, he was clear at the foreign affairs committee, which the Deputy was probably at, that the Bill as currently constructed would require radical changes to make sure it was compliant with European law and the Constitution. He showed a willingness to work constructively on the issue with the Opposition and the sponsor of the Bill, Senator Black, who has been very constructive. My priority is to advance the programme for Government commitment, which states, "Progress legislation prohibiting goods from Occupied Palestinian Territories..." Deputy Kenny's question about timelines and amendments is not unfair but my first approach in this new role is to meet Senator Black as the sponsor of the current Bill. I will then revert to the House.

Donnchadh Ó Laoghaire (Cork South-Central, Sinn Fein)
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I understand Senator Black has been in contact with the Minister and has not been able to get an appointment as of yet. I hope that will happen very shortly. I will keep asking the question. This has not been addressed; I have not been given an answer. I raised it numerous times in the course of the last debate. I have raised it twice here already. Technical issues can be overcome. They are overcome frequently. God knows how many amendments came into the planning Act on Committee Stage during the last few months of the previous Dáil. That kind of stuff happens regularly. Is it possible to engage with the Bill and adjust? Technical issues were advanced with the drafter of the Bill but they were not huge. There were technical issues and technical reviews from the Department of Foreign Affairs but they were entirely reachable. The point is that technical issues are being used as a ruse or distraction from the fact that the policy of the Government has changed since the election. The Government's policy is now to ban only goods. If it was Ireland, 30% of our trade is in goods. I will put the question again simply. Does the Government intend to have a ban on the trading of services with the occupied territories? That is a very clear question; the Minister has an opportunity to answer it.

Eoghan Kenny (Cork North-Central, Labour)
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I appreciate that the Tánaiste said his next step is to meet Senator Black. Is it possible to get a timeline on when he will meet the Senator? The original question was to get an update on the plan. It is important that this country takes a stance on this issue at European and UN level. Words are meaningless without significant action. I think the Minister would agree with me on that. We now have an opportunity to pass the occupied territories Bill. It should not be watered down in any sense but brought before the House to send a clear message to the people of Palestine that we stand with them and see the ongoing suffering.

Simon Harris (Wicklow, Fine Gael)
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I have been clear; I am not trying to be in any way evasive. The Government's position is to legislate prohibiting goods from the occupied Palestinian territory. That is our position. We are happy to engage constructively as we go through this process. More broadly, that means-----

Donnchadh Ó Laoghaire (Cork South-Central, Sinn Fein)
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That does not clarify my question.

Simon Harris (Wicklow, Fine Gael)
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I think I have answered the question directly. The Deputy asked if it is goods or services and I said "goods".

Donnchadh Ó Laoghaire (Cork South-Central, Sinn Fein)
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Is the Minister saying precisely goods alone?

Simon Harris (Wicklow, Fine Gael)
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I am saying that at the moment our focus is on progressing legislation to prohibit goods as we bring forward proposals. I am happy to engage with the Deputy in relation to other issues but the programme for Government-----

Donnchadh Ó Laoghaire (Cork South-Central, Sinn Fein)
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That is not a clear answer.

Simon Harris (Wicklow, Fine Gael)
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It is crystal clear.

Donnchadh Ó Laoghaire (Cork South-Central, Sinn Fein)
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No, it is not.

Simon Harris (Wicklow, Fine Gael)
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The Deputy might not like the answer but it is very clear. Give me one moment-----

Simon Harris (Wicklow, Fine Gael)
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We will have plenty of time here.

Donnchadh Ó Laoghaire (Cork South-Central, Sinn Fein)
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Confirming an affirmative is not the same as denying a negative.

Simon Harris (Wicklow, Fine Gael)
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The programme for Government sets out the commitment to progress legislation prohibiting goods from the occupied Palestinian territory. That is the mandate I received and what I am now progressing. The mandate concerns what is in the programme for Government.

Donnchadh Ó Laoghaire (Cork South-Central, Sinn Fein)
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That is a change in the policy.

Simon Harris (Wicklow, Fine Gael)
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I take the point Deputies Kenny and Ó Laoghaire made in good faith about now wanting to see a watered down Bill. The only Bill that would be watered down would be one we would pass knowing it was not in compliance with law, the Constitution or EU law. I am not in the business of passing things I know are not lawful. That is an irresponsible act of government and of legislators.

Donnchadh Ó Laoghaire (Cork South-Central, Sinn Fein)
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Uncontested.

Simon Harris (Wicklow, Fine Gael)
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Our position is that we will pass a Bill that is strengthened due to the fact that it can stand up to scrutiny at an EU level. That is important because we have to pass laws that are compliant. I will meet the Palestinian Prime Minister and Foreign Minister in Munich this weekend where I will continue to discuss with them all of the efforts Ireland, the Irish Government and the Irish people are making to support the people of Palestine and international law. I made the point before that the only place on earth where it seems the work of the Irish Government in support of the people of Palestine is not recognised is here in the Dáil.