Dáil debates

Wednesday, 11 June 2025

Ending the Central Bank’s Facilitation of the Sale of Israel Bonds: Motion [Private Members]

 

3:00 am

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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I move:

That Dáil Éireann:

notes that: — Israel Sovereign Bonds, known as Israel Bonds, have, since 1951, raised funds for the Israeli Treasury for use across the Israeli economy including the Israeli military and the illegal settlements;

— Israel Bonds have since October 2023, been advertised as war bonds with the slogan "Stand with Israel – Israel is at War", and the website marketing the bonds contains a video by Israeli President, Isaac Herzog who lauds "the crucial role of Israel Bonds during this time of conflict and war";

— Israel Bonds are intended to fund what Israel calls "the war in Gaza", the State of Israel Bond Issuance prospectus explicitly refers to the decision of Israel's Ministerial Committee for National Security Affairs "to undertake military action, which resulted in drafting more than 300,000 reservists launching the war in Gaza";

— in January 2024, the International Court of Justice (ICJ) found that the Palestinian people in Gaza had "plausible rights" to be protected from the "imminent risk" of genocide;

— in June 2024, the United Nations International Commission of Inquiry on Palestine found that Israel's actions in Gaza "constitute the war crimes of wilful killing and mistreatment, and the crime against humanity of extermination";

— in July 2024, an ICJ advisory opinion declared that Israel's entire regime of military occupation of Palestinian territories is illegal and must end immediately;

— the same ICJ advisory opinion declared that Israel is in "breach of Article 3" of the International Convention on the Elimination of All Forms of Racial Discrimination which "condemns racial segregation and apartheid" and compels states to "undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction";

— Article 1 of the Genocide Convention requires states to undertake "to prevent and punish genocide", and under the Convention, states have a negative obligation not to commit or be complicit in genocide and positive obligations to prevent and to punish genocide;

— the obligation to prevent genocide and the corresponding duty to act starts, as the ICJ clarified in the Bosnia and Herzegovina v. Serbia and Montenegro case, "at the instant that the State learns of, or should normally have learned of, the existence of a serious risk that genocide will be committed";

— the ICJ's finding of "plausible rights" and "imminent risk" constitutes that knowledge of the risk of genocide triggers third states' legal obligations under the Genocide Convention;

— further reasonable grounds exist to believe crimes against humanity and war crimes are being committed by Israel in Gaza, given that arrest warrants have been requested by the International Criminal Court Prosecutor for key Israeli officials, the Prime Minister and Minister of Defence, including, inter alia for the crimes against humanity of extermination and persecution, and the war crimes of starvation, wilful killing, and the causing of great suffering or serious injury to body or health;

— on 5th December, 2024, Amnesty International concluded that Israel was committing genocide in Gaza;

— on 19th December, 2024, Human Rights Watch accused Israel of acts of extermination and genocide;

— on 19th December, 2024, Médecins Sans Frontières described the Israeli military actions in Gaza as ethnic cleansing and genocide;

— at least 54,500 people have been killed in Gaza since October 2023, and another 900 in the West Bank, 65 per cent of them are women and children;

— 2,180 families have been obliterated in their entirety, and 5,000 more have but a single family member surviving;

— 1,400 medics, 200 journalists, and 750 aid workers have been killed;

— on 2nd March, 2025, Israel imposed a total food and aid blockade flagrantly using starvation and denial of medical aid as a method of warfare, and on 18th March, Israel unilaterally broke the ceasefire killing more than 400 people in Gaza in one night;

— on 3rd May, 2025, Doctor Mike Ryan, executive director of the World Health Organization said "We are breaking the bodies and the minds of the children of Gaza. We are starving the children of Gaza because if we don't do something about it, we are complicit";

— on 5th May, 2025, Israel announced its intention to permanently seize territory in Gaza and forcibly displace the population;

— on 28th May, 2025, the Government voted against the Restrictive Financial Measures (State of Israel) Bill 2025, which was drafted by the Office of Parliamentary Legal Advisors and underpinned by a full legal opinion that would have given the Minister for Finance the explicit power to end Ireland's involvement with Israeli war bonds;

— all institutions are obliged under international law to prevent genocide and the abuse of human rights;

— the Central Bank of Ireland (CBI) in their response to the Oireachtas Joint Committee on Finance, Public Expenditure and Reform, and Taoiseach on 4th December, 2024, stated that in their assessment the prospectus makes extensive reference to the war in Gaza and there is a clear and prominent discussion of the war in Gaza and the proposed use of the funds;

— the CBI also stated in their response to the Oireachtas Joint Committee on 4th December, 2024, that the advertisement material is not inconsistent with the information in the prospectus;

— the CBI Governor, has said that the Central Bank can only refuse the approval of a prospectus where it has a legal basis to do so;

— a compelling legal basis exists in the Genocide Convention and under International Humanitarian Law to refuse the State of Israel Bonds Issuance prospectus; and

— furthermore, the State of Israel Bonds Issuance prospectus is not complete, neither the January 2024 ruling of the ICJ in relation to the Genocide Convention, nor the July 2024 ICJ Advisory Opinion are not mentioned in the prospectus and this omission amounts to the deliberate with-holding of risk-related information; and calls on the Government to: — honour Ireland's obligations under the Genocide Convention and to fulfil the duty of the State to use all means likely to have a deterrent effect on those suspected of preparing genocide, or reasonably suspected of harbouring specific intent, dolus specialis, to prevent the genocide;

— honour Ireland's obligations under international humanitarian law;

— make a clear and unequivocal declaration of commitment to honour Ireland's obligations under the Genocide Convention, international human rights law conventions and customary international humanitarian law;

— advise the CBI that it is acting in violation of the Genocide Convention, by facilitating the sale of Israel Bonds in the European Union (EU);

— advise the CBI that by acting as the enabling cog in Israel's fund-raising machine in the EU it is putting the State at risk of a charge of complicity in genocide;

— insist that the CBI immediately end its facilitation of the sale of Israel Bonds; and

— enact emergency legislation to explicitly force the CBI to stop facilitating the sale of Israel Bonds.

I thank all the parties that have worked together on this cross-party motion. I especially thank the Ireland Palestine Solidarity Campaign and the activists in it who have been working for months to highlight and draw attention to the issue that Israeli bonds are being sold in Europe, facilitated by the Central Bank of Ireland. They have done excellent work on this.

Dr. Ali al-Najjar works in Sligo. A few weeks ago, nine of his nieces and nephews were killed by Israel. An airstrike on the home of his sister, a doctor in Gaza, killed her children while she was working in the emergency ward. Yahya, Rakan, Eve, Jubran, Ruslan, Revan, Sayden, Luqman and Sidra were all killed in the attack. The children were aged between six months and 12 years. Several were still in their pyjamas at the time of the attack. The children's father, who was with them at the time, has since died from injuries he sustained in the attack. He was also a doctor. We do not know if the munitions used in this brutal attack passed through Irish airspace on their way. What we do know is that these munitions were part financed by the sale of Israeli bonds. In Europe, those bonds are being sold with the facilitation of the Irish Central Bank. We also know the Irish Government is not willing to do anything about this. We have been asking it to do something.

Let us be clear about this: genocide is taking place and is being part-funded by the sale of Israeli bonds including in Europe, which is being facilitated by the Irish Central Bank. This motion seeks to end this and in order for it to succeed we need the support of TDs across the Dáil. What is happening in Gaza is absolutely and utterly horrific. I know that every TD in the Dáil has that view. Men, women and children are being starved to death. Food and aid has been blocked at the border by Israel. When tiny amounts of aid have been distributed and made available, people have been killed trying to access it. This is absolutely and utterly brutal. Mothers have been forced to boil grass to feed their children. Starvation is being used as a weapon of war against innocent people.

The governor of the Central Bank says it cannot act on this as it is beyond the bank's competency to decide whether genocide is taking place. However, in January 2024 the International Court of Justice confirmed the plausibility of the charges of genocide taken against Israel by South Africa. In recent weeks, the Irish Government has recognised that what is happening in Gaza is genocide. It has been clear about that. It is not simply enough for the Government to say that what is happening is genocide; it must act under the terms of the genocide convention. It must do everything it can to stop and prevent genocide in Gaza. Let us be very clear about this: the Israeli Government is selling these bonds to help to finance the genocide. It is the Irish Central Bank that is facilitating the sale of those bonds in Europe. There is a direct link between these bonds and the genocide that is taking place. This has to stop.

As a signatory of the genocide convention, the Irish Government and our public institutions including the Central Bank have a legal obligation to do everything they can to stop genocide. Not only have Ireland and other countries failed to put meaningful sanctions in place against Israel, but Ireland in fact is Israel's second largest trading partner in the world. By not backing this motion, the Government is missing an opportunity to take meaningful action against Israel. These bonds are explicitly marketed as being crucial to the war effort by Israel. Israel has run a marketing campaign imploring people to buy these bonds so they can stand with Israel. Over €3.34 billion has been raised through the sale of Israeli bonds since October 2023. One of the websites used to promote the sale of these bonds includes phrases such as "Israel is at war" and a quote from the Israeli President, Isaac Herzog, emphasising the crucial role of Israeli bonds during this time of conflict. Israel Bonds president and CEO, Danny Naveh, has told potential investors that purchasing the bonds is the best way to help Israel and support its war campaign. This is unequivocally clear.

Recently, the Tánaiste, Deputy Simon Harris, said that children are being left starving and even dying as we speak. He went on to say that we cannot and will not stand idly by and let this happen. I know that the Tánaiste and other Ministers and Government TDs mean these words when they say them. I know that. However, allowing the continued sale of Israeli bonds in Europe and allowing the continued facilitation of this by the Irish Central Bank is standing idly by. Allowing munitions destined for Israel through Irish airspace that are literally being dropped on children, men and women in Gaza - that is standing idly by. Voting against legislation to stop the facilitation of the sale of these bonds - that is standing idly by. If the Government does not like the legislation that was presented two weeks ago, it should pass this motion and enact its own emergency legislation, as the motion asks it to do.

There are no excuses not to act. Legal advice from the Office of the Parliamentary Legal Advisor concludes that we can provide restricted access to financial services based on public policy grounds, rooted in Ireland's pursuit of its international obligations. It is clear that this can be done in accordance with the Irish Constitution, European law and international law. There is legal advice from the Attorney General that states that the State can invoke justification grounded on public policy, based on the need to respect international law and the rights of those adversely affected, the Palestinian people. The Government has told us that legal advice was given by the Attorney General. I implore every TD in this Dáil. There should be a free vote this evening on this. Every TD should be allowed to vote with their conscience. We should send a very clear signal as a Dáil that not only are we united in standing against this genocide, but we are also united as a Dáil in wanting the Central Bank to stop facilitating these bonds and stop the financing of this genocide, which is happening in part through the facilitation of the sale of these bonds.

3:10 am

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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I was sitting in this chair a couple of weeks ago when the Taoiseach said the word. I had to do a double-take to see if I heard correctly. The Taoiseach said, “Let us call a spade a spade”, what is happening in Gaza is “genocide”. That was an important moment. After 19 months of evasion and legal gymnastics, the Taoiseach finally said it. He stood in the Chamber and admitted what the world has seen in real time since October 2023: that the Government of Israel, under Benjamin Netanyahu, is committing genocide in Gaza. What did he do with that truth? He used it as a soundbite while voting down a Bill that would have stopped Ireland facilitating that very genocide through the sale of Israeli war bonds. That is not just moral cowardice; it is complicity with eyes wide open.

The Taoiseach said yesterday in this Chamber to my colleague, Deputy Gibney, that she was using the word “complicity” cheaply. Let us go into that a bit. The bonds are advertised openly and shamelessly as a way to support Israel’s war effort. They are not ambiguous instruments. The prospectus spells it out. The advertisement says the quiet part very loudly: “Stand with Israel”; “Israel is at war”. These bonds bankroll the bombs, starvation and extermination, and Ireland is signing off on them through our Central Bank.

The Taoiseach’s position, now backed by the Tánaiste and presumably by the Minister, is that genocide is happening but Ireland must do nothing that might affect our GDP or affect our relationship with the US. This comes down to Palestinian lives being weighed against bond markets and bilateral trade flows – genocide reduced to a line item on a spreadsheet.

However, genocide is not a technical issue. To use the word “genocide” in our Parliament is not just a throwaway word; it has meaning. It has to. We are told that the Central Bank is independent, and that it just signs off on paperwork. However, the Central Bank does not operate in a moral vacuum. This is not a technical question. This is a test of whether Ireland honours its legal obligations under the Genocide Convention, obligations we took on not as a favour to anyone but because we believe there must be no lines that States can cross without consequence. We believe that “never again” should mean exactly that.

So let us call it what it is: a calculated dereliction of duty cloaked in humanitarian rhetoric. This Government condemns the killing in Gaza while actively enabling the financing of it. It mounts concerns about the enforced famine but will do nothing about the cargo planes flying out of Shannon Airport. It recognises the State of Palestine while killing off every piece of legislation that might make a difference. The occupied territories Bill was delayed, delayed and delayed, and then watered down. The restrictive measures Bill – gone. With this motion today, the motion two weeks ago and any motion that parties across the Chamber have brought forward, we are always told we are being naïve.

The Taoiseach said he wanted to "call a spade a spade" when he used the phrase “genocide”, so let us do that. What is happening in Gaza is genocide. What is happening in this Chamber is, by virtue of the fact we are refusing to meet our obligations under the prevention of genocide, collusion. What the Taoiseach has done is speak the truth only in order to bury it. When did he come to believe that this is genocide? Was it before or after the ICJ’s ruling? Was it before or after arrest warrants were sought by the ICC? Did he have to see the piles of bodies of starving children for himself? Was it when every journalist in Gaza was targeted and every educational institution was obliterated? Was it when we debated whether they would actually bomb a hospital, and then realised that they were bombing every hospital?

Genocide does not happen in the shadows. It thrives when others look away. It spreads through delay, distraction and diplomacy that always stops just short of doing the one thing that might actually matter, and that is to refuse to play a part in it.

This is not about any attempt at virtue signalling. Nobody believes that anybody has a monopoly on compassion, but we do believe that we can do more. This is about whether we stand by international law when it is hard; whether we believe genocide is wrong, even when it is being carried out by an ally of our ally; and whether we are willing to accept the political or financial costs to stop being part of the machine.

The Government talks a lot about being on the right side of history, but history is being written right now by the people this country, Europe and the US are failing; by the children starving under blockade; and by the silence of those who knew and did nothing. It is not being written by any journalist because journalists are not allowed into Gaza precisely because they do not want us to see the truth of the horrors being inflicted there.

We have said the word, and now we need to act like it means something. The countermotion brought forward by the Minister does not speak to a Government that is willing to live up to every obligation that we have. It is just another form of phraseology as a way of avoiding our responsibility. In his countermotion, which is very well worded, he said that "the Genocide Convention requires states to undertake ‘to prevent and punish genocide’”. Am I to believe that the Taoiseach, the leader of our country, has stood there and said the word “genocide” and then we just equivocate, saying, “Actually, you know what, this is a technical issue. We are not obliged. The Central Bank is independent”? No. We have moral authority in this. There has been no diktat given to the Central Bank to challenge and question whether we are sure these bonds and terms of prospectuses are in keeping with our obligations under the prevention of genocide Act. If we are not, why are we not speaking out?

The countermotion talks about all the things the Government has done. I accept – I think we all do as it is regularly referred to across the Chamber – that the Irish State has gone further than most although that is precisely because the bar has been so low. The countermotion emphasises the importance of “the review by the EU of Israel's compliance with its obligations under Article 2 of the EU-Israel Association Agreement”. Brilliant. I was in the Chamber 17 months ago when my party leader, Holly Cairns, first brought that to the Chamber. We know that the Government has gone further than most, but we also know that, at times, it is being done kicking, fighting and scrapping. The Minister’s former party leader, Leo Varadkar, wrote to Ursula von der Leyen asking whether Israel was in breach of the EU trade agreement. And what happened? Nothing. There was no response by the EPP, which the Minister’s party is a member of and proudly speaks to being a member of. He went out and advocated after the European elections for her to resume the position she is now in, despite the fact they did not even acknowledge a letter from his own Taoiseach and party leader asking whether Israel was in breach of that very covenant. This is extraordinary. We can do more.

Photo of Jennifer WhitmoreJennifer Whitmore (Wicklow, Social Democrats)
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Week after week, for 20 months, we come into this Chamber and talk about the most recent act of depravity that we have seen rained down on the people of Gaza by Israel. We talk in this Chamber about children who have been shot in the head, children who have been shot in the chest by snipers, children who have had to battle their way out of fires while their siblings and parents burned behind them, and children whose parents write their names on their bodies because they are conscious that if the family is wiped out, they want their child to know their family name so it will live on with that child. It is absolutely horrific.

Every time we talk about it in this Chamber, we think it cannot get much worse and Israel cannot go any lower, yet it does. I know everyone in this Chamber feels this and is horrified by what is happening in Gaza. Everyone in this Chamber knows we have a major responsibility here to deal with it and to try to stop it. We all know what our constituents, family and friends feel about it. However misguided the feeling is, everyone in this Chamber thinks we are doing everything we can, but we are simply not.

Today’s motion is a relatively small action to stop the Central Bank approving bonds that are being awarded in the face of a genocide that has been recognised by the Tánaiste and the Taoiseach in this Chamber. We hope that this small action - that sense of bravery - from the Irish people will lead to other countries doing similar. We hope that, at some stage, we will get the momentum that there is a level of accountability for Israel that we have not seen to date, and that Israel recognises that people and countries will stand up and say, “We see you; we see exactly who you are; we see what you are doing; we will not stand by and allow it to continue; and we will do everything in our power to uphold international law.” If we do not have international law, what do we have?

Where is the safety for anyone? I ask one thing of the Minister today. I ask him to ensure that all Government TDs have a free vote on this issue and that all those backbenchers who support the Minister in the decisions he and his Cabinet colleagues make every week be given the opportunity to reflect their conscience in this vote and to reflect what their constituents, their family and their friends want them to do. I ask that they be given the same opportunity the Independent members of the Minister's Government have been given. It is not fair that any backbencher would have to vote against this motion, which is a relatively simple motion that gives the Government control over how it manages the measures within, when other Independent Members who swore they were going to support the Minister's Government through the good and the bad can listen to and represent their constituents and know that they did what they could in the face of this genocide.

The Irish public deeply wants us to take action. They have seen this go on for far too long. They are starting to take things into their own hands. A number of Irish citizens will be marching to Gaza in the coming weeks. People feel very strongly about this and they want us and the Minister to do more. The Palestinian people need us to take action. They cannot withstand this any longer. The future demands that we take action. When we look back and see what our role was and where we stood on this, we should be able to stand proud and know that we reflected the views of the Irish people, did what was right and stood by international law and the people of Gaza in the face of these horrors.

3:20 am

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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I move amendment No. 1:

To delete all words after "Dail Éireann" and substitute the following: "notes that, the Government:
— condemns the renewed Israeli military offensive and plans to establish full control of the Gaza Strip;

— urges all parties to return to talks aimed at securing an immediate ceasefire and hostage release deal;

— recalls that Ireland repeatedly condemned the terrorist attack perpetrated by Hamas and other terrorist groups on Israel on 7th October, 2023, and has consistently called for the unconditional release of all hostages held in Gaza and reiterates calls for their immediate release; and

— condemns Israel's blockade of humanitarian and commercial supplies for Gaza, imposed on 2nd March, which has rapidly deepened the hunger crisis in Gaza;

and in this context, further notes:

— that the Government will continue to work intensively with partners to exert pressure, to allow a full resumption of aid in accordance with international law and humanitarian principles, and to enable the United Nations (UN) and humanitarian organisations to work independently and do their job;

— that the Government will progress legislation prohibiting the import of goods from Israeli settlements;

— that the Government will continue to demonstrate leadership at European Union (EU) level, including through pressing for meaningful follow-up to the review of Israel's compliance with Article 2 of the Association Agreement;

— that Ireland is among a core group of states that has tabled a draft Resolution for adoption at the Resumed 10th Emergency Special Session of the General Assembly on 12th June;

— that the Government will continue its intensive engagement at the UN, including through co-chairing, with Türkiye, one of eight working groups at the forthcoming UN High Level Conference in June; and

— Ireland filed a Declaration of Intervention at the International Court of Justice in South Africa's case against Israel under the Genocide Convention on 6th January, the Court's ruling on the admissibility of the intervention is awaited, following which it is intended to make substantive submissions;
deplores that as of 4th June, the UN has reported that at least 54,600 people have been killed in Gaza since October 2023, over 23,000 of whom are women and children;

is gravely concerned that the latest assessment by the Infection Prevention and Control global hunger monitor, that the entire population of Gaza is facing high levels of food insecurity, with half a million people facing starvation;

recalls that:
— in January 2024, the International Court of Justice (ICJ) found that the Palestinian people in Gaza had 'plausible right' to be protected from acts of genocide and related prohibited acts identified in Article III of the Genocide Convention and that there was a 'real and imminent risk that irreparable prejudice will be caused' to that right, before the ICJ gives its final decision in the case;

— in June 2024, the UN Human Rights Council's International Commission of Inquiry on Palestine found that, in its investigation into the attack of 7th October, 2023, the Commission found that members of Hamas, other Palestinian armed groups and Palestinian civilians, had committed war crimes, as well as violations and abuses of international humanitarian law and international human rights law, it also found that, in its operations in Gaza and the Occupied Palestinian Territory since 7th October, 2023, Israeli authorities and members of the Israeli security forces had committed war crimes, crimes against humanity and violations of international humanitarian law and international human rights law, and these included, the war crime of wilful killing and mistreatment, and the crime against humanity of extermination;

— the Genocide Convention requires States to undertake 'to prevent and to punish genocide';

— in July 2024, an ICJ advisory opinion declared that Israel's continued presence in the Occupied Palestinian Territory is unlawful, and must be brought to an end as rapidly as possible;

— the same ICJ advisory opinion declared that Israel is in 'breach of Article 3' of the International Convention on the Elimination of All Forms of Racial Discrimination, which it is obliged to prevent and prohibit all practices of racial segregation and apartheid in territories under its jurisdiction; and

— arrest warrants have been requested by the International Criminal Court (ICC) Prosecutor for key Israeli officials, the Prime Minister and former Minister of Defence, in respect of alleged war crimes and crimes against humanity;
deeply regrets the UN Security Council's failure to pass a resolution to demand the immediate and unconditional lifting of all restrictions on the entry of humanitarian aid into Gaza;

emphasise the importance of:
— the review by the EU of Israel's compliance with its obligations under Article 2 of the EU-Israel Association Agreement;

— the forthcoming UN High-level International Conference for the Peaceful Settlement of the Question of Palestine and the Implementation of the Two-State Solution; and

— commits to working to deliver these;
further states that:
— Ireland has provided over €88 million in support of the people of Palestine since January 2023, of which more than €76 million has been provided since October 2023; and

— this includes €58 million for UN Relief and Works Agency for Palestine Refugees since 2023, to support its programmes in Gaza and the West Bank, including East Jerusalem, as well as in Jordan, Syria and Lebanon; and
acknowledges that:
— the Central Bank of Ireland (CBI) is independent in its function;

— the CBI does not issue, sell, trade, list or oversee Israel bonds;

— the CBI's role, under EU legislation, is to assess the bond prospectus to ensure that it includes all the disclosure requirements of the EU Prospectus Regulation, however in the act of approving a bond prospectus, the CBI does not endorse the issuer or the securities;

— in regard to the Prospectus Regulation, it is up to the third-party sovereign to choose one EU Member State to apply to for approval of its prospectus, and the National Competent Authority in the chosen Member State is then legally obliged to discharge the relevant duties within the Prospectus Regulation;

— the CBI has clearly stated that an Advisory Opinion of the ICJ, or indeed the processes of the ICC does not constitute grounds for the CBI to refuse the prospectus of the Israel Bond Programme; and

— the Government has received advice from the Attorney General that recently proposed legislation to introduce 'restrictive measures' was not compatible with our obligations as Members of the EU and in conflict with Article 215 and Article 63 Treaty on the Functioning of the EU.".

I will begin by recognising the genuine intent behind this motion and by again pointing out that there are far more issues that we agree on than we disagree on when it comes to our response to the horror of what is happening in Gaza. I am not going to make charges of naivety at anybody in the Social Democrats who is proposing this motion. Like them, I am moved by the appalling scenes we see every day on our phones and on television. However, if I refrain from making a charge of naivety against the Members and they accept my compassion and reaction to the awful scenes we see every day as being genuine, I ask that they refrain from making charges regarding complicity or collaboration in what I acknowledge to be an appalling tragedy unfolding on the people of Gaza. There have been many references to international law in the opening statements, all of which I agree with. Despite the human feelings I have and the determination of the Government of Ireland to respond to this, I have to recognise the law with regard to the European Union and the law that recognises the independent operation of the Central Bank of Ireland. I have to be cognisant of that in decisions that I make and in my reaction to the motion being proposed by our colleagues in the Social Democrats and the legislation put forward by Sinn Féin.

In opening my response to the motion this morning, I will again outline my utter condemnation for what is befalling the people of Gaza. I will make reference to what is contained within the countermotion, which is not just the words of the Government, which I accept are recognised here today, but, more importantly, the actions of the Government in responding to the appalling suffering. The amendment lays out the financial support that has been made available to the people of Palestine and our support for organisations such as UNRWA and the work of the United Nations. It also lays out very clearly the work Ireland is involved in at a diplomatic level between countries and within international organisations to call for and make efforts to ensure Israel's compliance with international law. We stress the importance of international law when it comes to the suffering of the most vulnerable. To date, Israel has ignored these calls. This has to strengthen the commitment and work of the Government to ensure that more is done within international law. The Government is working relentlessly with partners and others to effect the type of change Israel may not be able to ignore. It is vital work and our efforts are making a difference but I accept they need to deliver more. We are approaching the tragedy that is unfolding in Gaza with principled conviction but also a recognition of the realities we face. We have to build up a diplomatic coalition to achieve more and we also have to be conscious of laws that are already in place, which is why we are moving this countermotion today.

With regard to laws that are in place and the work the Government is doing, we used our diplomatic role and our voice when we filed a declaration of intervention in the case taken by South Africa against Israel at the International Court of Justice last January. Our declaration was based on careful and detailed legal analysis aimed at supporting the strictest interpretation of the Genocide Convention, and promoting the maximum level of protection possible for citizens. We have also been unequivocal in calling for the full implementation of the binding preliminary measures issued by the ICJ in South Africa's case against Israel under the convention. The reason I emphasise this to the House today is that this is the work we are doing. This is the diplomatic action we are taking. This is the use of a voice to make a difference accompanied by the other measures we have put in place, particularly our efforts with regard to a two-state solution and the work we will be doing in the forthcoming UN high-level conference on implementing the two-state solution in New York this June. We are very hopeful and will be using this meeting to make the case for what could be a very important moment for the international community.

This work is yielding results. We welcome the announcement by the Foreign Affairs Council of the European Union that the association agreement with Israel is to be reviewed. This is a crucial step that Ireland and Spain first called for in February of last year. A clear majority of member states have now sent a strong signal as to the need for Israel to change, to halt military operations and to lift the blockade on lifesaving aid. It is essential that we continue our diplomatic efforts to deliver this.

That leads us on to the detail of the motion before us today. The Central Bank is an independent and apolitical financial regulator. It is a cornerstone of our financial policy. During some discussions in this House, the role of the Central Bank in respect of Israeli bonds has been mischaracterised. I will again set the record straight to ensure the bank's role is clearly understood. The Central Bank does not issue, sell, trade, list or oversee Israeli bonds. Its role under EU legislation is to assess a prospectus to ensure it meets all requirements of the law in that area. It does not endorse the issuer or the securities by way of approval. Neither the issuer, which is the State of Israel in this case, nor the product becomes regulated or endorsed as a result of this assessment.

Specifically, the motion calls on the Government to undermine the independence of the Central Bank and does not make clear, and gives a wrong interpretation of, the role of the Central Bank in carrying out its function as required under EU law.

The motion calls on the Government to implement immediately legislation that I believe would be unworkable. As I have outlined previously in the House, the Government has been advised that previous calls to permit the Central Bank to disregard EU financial services legislation would not be consistent with EU law, would undermine our obligations as an EU member state and would be open to legal challenge. In addition, an action such as this is not consistent with the efforts we have made to build up consensus by working with other countries together. It is by continuing to build up a group of countries in the EU and globally that Ireland, an island of our size and scale, has the opportunity to make such a difference to a tragedy we are all united in condemning. The advice I have referred to was received from the Attorney General. Let me be clear that what I am called upon to do in the motion, similar to the proposal tabled recently by Sinn Féin, would be unworkable, would contravene EU law and would not achieve its intended objective.

It is important to distinguish between what I accept to be an absolutely well-intentioned and thoughtful proposal of an action which I believe we would not be able to implement in the way the Opposition calls for, and the concrete actions the Government is taking. This is why the Government will move a motion today which calls out the appalling situation the Palestinian people are facing and highlights the work we are doing, and will continue to do, to make a difference and effect real change. The recognition by others of Ireland's position as an independent State eventually led to the establishment of a peaceful nation over a century ago. We believe that our recognition of Palestinian statehood will contribute to peace and to reconciliation ultimately but obviously there is a long journey ahead. The people of Gaza deserve peace, a peace that honours their legitimate aspirations to live with respect, justice, security and dignity, free from violence and the threat of violence. These are expectations that have been grievously harmed and not delivered to date. This is why we will work tirelessly with them to help achieve peace but I respectfully contend that the motion proposed today would not play a role in making this happen.

3:30 am

Photo of Sinéad GibneySinéad Gibney (Dublin Rathdown, Social Democrats)
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As did my colleague Deputy Gannon, I want to address the reaction to my use yesterday in the Chamber of the word "complicit". The Taoiseach had a very strong reaction to it. I want to be clear about why I use this word. Maybe a better word to describe the Central Bank and its role is "involvement". Perhaps this would make it easier for people to understand it. The Central Bank is involved in the sale of Israeli bonds in Europe by approving the prospectus. This is a fact and it is indisputable. The reason the word "complicit" applies is because complicity is not just through action, it is also through inaction. By facilitating the sale of these Israeli bonds, and by Government inaction to stop the Central Bank from facilitating the sale of Israeli bonds, all Irish people are made complicit in the actions of Israel. This is what we are saying when we say "complicity". This is why we are inundated with emails and the Minister is inundated with emails, and why all of our constituents are reaching out to us, absolutely heartbroken, begging for something to be done. It is why people are turning out on the streets again and again. We are not asking the Minister to fix this all on his own. We just want him to try.

I want to speak on some of the countermotion and rebuttal the Minister has put forward. I will start by quoting the Central Bank's own code of conduct, as I have done previously in the Chamber. It states that, "Acting with integrity requires a higher standard of behaviour than simply achieving a basic level of compliance with applicable laws and/or regulations". When the Minister says he does not believe this would be workable and that it would be undermining independence, I am not at any point taking for granted that there is not a complex set of laws and financial regulations that dominate the activities of the Central Bank, none of us are; we understand the complexity of the picture but the Genocide Convention is clear. In January 2024 the International Court of Justice found that the Palestinian people in Gaza had plausible rights to be protected from the imminent risk of genocide and that there was an immediate legal obligation to take maximum action to prevent genocide. Believing that something is not workable is not reason enough to fail to act. We have to try. If this means testing it in the courts, then we have to try. If we as a State have to muddle through the complexity of this first step, that is what we have to do because it will set off a domino effect for country after country. The Government must go further to end the Israeli prospectus and, if necessary, fight it in the courts. The same ruling of the International Court of Justice states all UN member states are also under an obligation not to render aid or assistance in maintaining the situation created by Israel's illegal presence in the occupied Palestinian territories. Again, it gives legal force to allow us to do it.

I want to draw the attention of the Minister to the Central Bank's own FAQ on bonds.

The Central Bank [as we have heard] can only refuse the approval of a prospectus where the Central Bank has a legal basis to do so. Other than insufficient prospectus disclosures, an example of a legal basis for refusal would be:

1. The existence of EU financial sanctions prohibiting the provision of services or assistance in connection with the issuance of securities by the Israeli government, or

2. National restrictive measures to the same effect.

What the Sinn Féin Bill tried to introduce a couple of weeks ago, and what we are trying to introduce now, is national restrictive measures. The Government's countermotion states the Central Bank "has clearly stated that an Advisory Opinion of the ICJ, or indeed the processes of the ICC does not constitute grounds for the [Central Bank] to refuse the prospectus". What it fails to state is that the Central Bank has said an example of a legal basis for refusal would be national restrictive measures to prohibit the selling of securities with Israel. These are some of the ways in which I believe the countermotion is incredibly weak. As colleagues have done, I urge the Government to facilitate a free vote on this.

We in Ireland feel powerless. I feel powerless and heartbroken. The people of Ireland tell me they feel powerless. We have seen incredible leadership from the 12 individuals on the Madleen, from Trinity College divesting itself, as the first third level institution to do so, from Israeli institutions, from the people who are joining right now a caravan to march on Gaza, and from the Hague Group which has just now called for an international conference to end this genocide. We need to see the same leadership from the Government to push through and make sure the sale of Israeli bonds is stopped in Europe and facilitate the end of this genocide.

Photo of Aidan FarrellyAidan Farrelly (Kildare North, Social Democrats)
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As a spokesperson on children for the Social Democrats I will begin by bearing in mind the 50,000 children and young people who have been killed or injured in this genocide since 2023. To quote UNICEF, "The children of Gaza need protection. They need food, water, and medicine. They need a ceasefire. But more than anything, they need immediate, collective action to stop this once and for all." A total of 1.7 million children are in need of humanitarian assistance. Rates of malnutrition continue to rise among the children of Gaza. This week on RTÉ James Elder, speaking from Gaza, said, "There's no exaggeration, every single child in this place needs mental health support. It's night after night of bombardment. There's not a child here who doesn't know someone who's been killed, who hasn't seen the most ghastly ghastly wounds."

In Gaza, 95% of school buildings have been damaged. Yesterday, the Tánaiste, Deputy Simon Harris, said that anything that can be done to make sure the eyes of the world are fixed on Gaza at a time when the international community is failing to do enough for Gaza and for the children of Gaza is a good and appropriate thing. He said anything that can be done. Here you go. However, on the same day that the Tánaiste said this, the Government tabled an amendment to this motion that completely contradicts the "anything that can be done" call to action. The Social Democrats' motion asks the Government to advise the Central Bank that it is acting in violation of the Genocide Convention by facilitating the sale of bonds. The Government amendment condemns the renewed Israeli offensive. The Social Democrats' motion tells the Central Bank that by acting as the enabling cog in the fundraising machine, it is putting the State at risk of a charge of complicity in genocide. The Government's amendment urges all parties to return to talks. The Social Democrat's motion insists that the Central Bank immediately ends its facilitation of the sale of Israeli bonds. The Government's amendment tells us that it would progress legislation prohibiting goods from settlements, but not services. It is a much-weakened occupied territories Bill that is not what the Government told the electorate it would do.

The Social Democrats' motion asks the Government to enact emergency legislation to explicitly force the Central Bank to stop facilitating the sale of these bonds. The amendment says that the Government has received advice from the Attorney General that such legislation would not be compatible with our EU obligations. In the interests of transparency, I appeal to the Minister to publish this advice to show us what the legal impediment to progressing this is.

Like my colleagues, I appeal to the Minister to allow a vote of conscience on this. We all know what would happen tonight. TDs from across the House would support it. Why? It is the right thing to do. It supports the Tánaiste's "anything that can be done" call to action. The Social Democrats' motion calls for action, while the Government simply offers more words.

I want to be clear that I am very proud to associated with the words the Minister and his colleagues in Cabinet have said in recent months and the leadership that has been shown. However, I want to be associated with a national Parliament that can say it has done everything in its power to do right by the children and people of Gaza and Palestine.

3:40 am

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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I support the motion and commend the Social Democrats on bringing it forward. This motion is in line with the debate we had last week on Sinn Féin legislation that would stop the Central Bank facilitating the sale of Israeli war bonds in Ireland. It would have an immediate effect on their sale in Europe also. During the last debate I said that the response of the Minister was shameful and I believe his response is shameful again today. History will show that the Minister is on the wrong side of this issue. He has danced around the issue. He has told us what the Central Bank is not doing. He has used carefully constructed words to tell us what we cannot do. However, the reality is that if Government wants to initiate national measures that will ensure the Central Bank does not sign off on a prospective and, therefore, not facilitate the sale of these war bonds in Ireland, then it can do so. That is the reality of it and the start and finish of this issue. If there is a political will then this can be stopped. The Minister talked about the Central Bank not selling these bonds, or doing this or that. What the Central Bank is doing is facilitating the sale of Israeli war bonds in the face of a genocide.

We have heard from colleagues what is happening in Palestine and I do not need to repeat it. We are all appalled about it. It is not a question of how appalled we are; it is a question of how we have a position of authority and power to enable us to do something about it. The facilitation is what is written in the legislation. That is what the Central Bank is doing. Can it be stopped? Of course, it can be stopped. The Cabinet just approved the heads of Bill of the occupied territories Bill. It will use a public-policy exemption to be able to enact that into law here in Ireland. This public-policy exemption on the free movement of goods is important. We have argued for the same public-policy exemption on the free movement of capital. Why is the free movement of capital an easier one to get? It is because the free movement of goods is an exclusive EU competence, whereas the free movement of capital is only a shared competence. Article 63 allows for an exemption under it. That is why it has happened in other EU member states in relation to capital restrictions but it has to be measured against four principles that have been carried out and tested in the European Court of Justice. That is what the legislation would do.

It is fine if the Government has an issue with the way we have framed the legislation. It can draft its own and stop the sale of Israeli war bonds in Ireland and stop the Central Bank from facilitating their sale. The Minister is the person, above anybody else in this House or in the country, who can, as Minister for Finance, bring this legislation through. That is why I say, unfortunately, the Minister is on the wrong side of history. Genocide is staring us in the face. It is happening in real time and the Minister is complicit, because the Central Bank is facilitating it. Above anyone else, the Minister is the person who can stop this by supporting this motion and enacting the necessary legislation.

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South-Central, Sinn Fein)
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What is happening in Gaza now is undoubtedly genocide and I welcome the fact the Government is now using that language. This is the position of the Government as articulated by the Minister for Foreign Affairs and Trade and it is important to remember that. In my lifetime, I cannot remember such scenes as we are witnessing in Gaza. Children are being left without families and children are being killed in their tens of thousands. People are starving while the Gaza Strip is surrounded by aid convoys that want to get in but are prevented from doing so. These are the most appalling war crimes. This is language the Minister has used. I do not doubt the Minister finds these things appalling. I do not suggest that for one second, but the point of realising that is to ask whether we are using all the levers we can and taking all the actions we can.

What is not in dispute, or at least as I understand it, is that these bonds are being facilitated by the Central Bank. What is not in dispute is that Israel is openly advertising the sale of these bonds to fund what it calls a war effort. In our view, it is funding the arms and munitions and everything else that goes towards the genocide that is happening. This is not in dispute.

The Minister has used technical arguments and, to be honest, I am sceptical on the basis of the OPLA and what Deputy Doherty and the Attorney General have outlined. Very often, when politics dictate it, legal grounds can shift. We saw this recently with the rent pressure zones, RPZ. The Minister insists on technical arguments, but I have not heard him say whether or not it is desirable. I have not heard him say that if he could do it, he would do it. I want to hear that from the Minister, because if he can do it technically, then he should do it. Unfortunately, I suspect that the Minister has concluded that politically, he cannot or will not do so. On that, he is absolutely wrong.

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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The Irish Government must move to stop the flow of blood money from Ireland to Israel. The Minister tells us why it cannot be done but he directly contradicts the legal advice the Opposition received from the Oireachtas's own legal advisers. When Sinn Féin brought forward a Bill to end Ireland's complicity with genocide, it was backed by sound legal advice which clearly stated that the Bill was compliant with Irish, European and international law. Under EU law, Ireland is fully entitled to unilaterally restrict access to its financial services. When it comes to the sale of war bonds that go towards bombs and bullets that are taking Palestinian lives in a genocide, we have no choice in the matter.

The Central Bank has given permission for these bonds to be sold through Ireland.

The Government is authorised to advise it that this should not be permitted, but it took the decision not to give that advice. Stopping the sale of these bonds is a concrete, tangible action that Ireland can take in the stand against genocide.

In his speech, the Minister said Ireland's persistent advocacy on behalf of the people in Gaza at EU level is yielding tangible results. Is he for real? Does he not see what is happening? Gaza has been flattened to the ground. People are starving and the Minister is saying in his speech that his approach is yielding tangible results. Israel is conducting a campaign that began as collective punishment and has now moved to ethnic cleansing. Ireland cannot be a conduit for blood money. We know what the bonds are going towards. We have the legal authority to do something. It is time for us to act. It is time for us to stand up and say "No".

3:50 am

Photo of Mairéad FarrellMairéad Farrell (Galway West, Sinn Fein)
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I commend the Social Democrats on introducing this important motion. Representatives of the Central Bank will appear before the finance committee today to explain its position on why there has been no action on these bonds. Therefore, this motion is timely. Thus far the Central Bank has refused to reject the prospectuses submitted for these Israeli war bonds. Its reasons not to act have been somewhat of a movable feast. Previously, the Governor of the Central Bank told us that these were not war bonds and were instead being used for general financing purposes. Thanks to reporting by The Ditch, we learned that potential investors were being informed that the best way to serve Israel and support Israel's war effort was to buy these bonds.

The Central Bank's contention is that it has only two grounds to refuse a prospectus: the imposition of EU sanctions; and what it refers to as national restrictive measures. If a state is a signatory to the Genocide Convention, which is codified in Irish law through the 1973 Act and which makes complicity in genocide an offence, does that not constitute a national restrictive measure? If it does not, I do not know what actually does. The Central Bank and the Government are using these arguments. My colleague Seán Crowe put it correctly there: if we do not act now, when will we ever act?

It is the exact same tactic as we have seen with the occupied territories Bill. Leaked correspondence has shown that this is not a legal drafting issue with the legislation, but a political choice. We cannot have political choices that do not enable us to do everything we can to support the people of Gaza and to stop this genocide from happening. We need to do everything. If these bonds which are being facilitated are financing the war, as has been said by the Israelis themselves, we should not be dealing with them in any shape or form. This is the second time this matter has come before the House. It will also be discussed at the finance committee today. We need to see action on it because we cannot continue the way it has been going.

Photo of Natasha Newsome DrennanNatasha Newsome Drennan (Carlow-Kilkenny, Sinn Fein)
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Genocide is taking place in Gaza. There is widespread ethnic cleansing happening across Palestine. Israel is an apartheid state. Almost every week, weapons are being transported through Ireland to Israel and these weapons are being used to continue that genocide and ethnic cleansing and to uphold the brutal system of apartheid. There is absolutely no denying this. While there is no absence of talk and spin from the Minister and his Government supporters, there is a complete absence of action. Indeed, the Government is actively blocking measures brought before the Dáil that would put pressure on the apartheid State of Israel, such as enacting the occupied territories Bill and the Illegal Israeli Settlements Divestment Bill. Only last week it voted to support the continued sale of Israel bonds by the Irish Central Bank. It is only when Israeli pockets are hit that we see any change because all the words of condemnation clearly do not matter a damn.

Let us be frank and straight about this. The overwhelming majority of people here in Ireland want to see a stand taken against Israel and its war crimes in Palestine. However, the Irish Government and the EU have taken a decision to provide quiet and subtle support to Israel. This is clear from the Government's actions here in the Dáil. Outside the offices of TDs in Carlow and Kilkenny there are protests calling the Government out on voting for bonds over babies. All TDs should have a free vote. If not, they will have to live with the screams they ignore and it will haunt them every day.

Photo of Cathy BennettCathy Bennett (Cavan-Monaghan, Sinn Fein)
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I acknowledge and commend the Irish Government on joining the case before the International Court of Justice against Israel taken under the Genocide Convention. I also commend the Government on the funding provided to UNRWA for humanitarian aid and for the recognition of the State of Palestine. However, that is where the commendation ceases. This Government has failed to implement a single solidarity economic sanction against the genocidal Israeli regime.

Despite the Tánaiste having committed to pass the occupied territories Bill in advance of the general election, he now differentiates between goods and services to water down its impact. The International Court of Justice did not differentiate between trade in goods and services in its ruling on the consequences of Israel's action. Nor did the Government do so when it co-sponsored a resolution on the outcome of that judgment at the United Nations General Assembly. However, he differentiates today. He claims it is a necessity despite the Attorney General having advised that it is a political decision.

Now Israel maintains that Sinn Féin's Bill to ban the sale of Israeli bonds is also illegal under EU law - claims absolutely rubbished by the legal opinion of the Oireachtas Office of Parliamentary Legal Advisers. Fianna Fáil and Fine Gael have shielded Israel's economy from legally correct sanction for its genocide for far too long. The sale of Israeli bonds in Ireland must be banned now. It is to the Government's shame that it is willing to provide economic cover for Israel's genocide for fear of a morally bankrupt European Commission President whom it put in office.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Gabhaim buíochas leis na Daonlathaithe Sóisialta as an rún seo a chur os ár gcomhair. Tacaím go huile agus go hiomlán leis. Two weeks ago, Fianna Fáil and Fine Gael clubbed together to vote down Sinn Féin's Bill to stop our Central Bank from facilitating the sale of Israeli war bonds. What have those war bonds funded since that decision? The Israeli state killed 17 Palestinians on 29 May; 72 on 30 May; 54 on 1 June; 27 on 3 June; nearly 100 on 4 June; 52 on 5 June; 42 on Eid, 6 June; 70 on 7 June; 47 on 8 June; 27 on 9 June; and 36 on 10 June. In fact, in under two years those war bonds have funded the killing of 65,000 Palestinians. This is the exact toll that is being wrought upon the Palestinian people in a genocide and yet the Government is facilitating that.

Crucially, one day after the vote two weeks ago, Israeli forces also shot at brave Irish peacekeepers. That could not be more serious or more grave. The Irish Government voted to facilitate the funding of attacks on Irish soldiers because it voted to fund Israel's war efforts. Article 39 of the Constitution quite clearly states that assisting another state to levy war against this State is nothing less than treason. Is the Minister happy to assist the funding of a state that shoots at Irish soldiers? That is what Government Members will be doing if they vote against this motion.

An bhfuil sibh sásta leanúint le ligean do bhannaí cogaidh Iosrael a bheith díolta sa tír seo, ag ligean don tír seo tuilleadh buamaí, piléar agus diúracán a cheannach agus a úsáid i gcoinne páistí agus pobal neamhurchóideach Palaistíneach i nGaza? Sa deireadh thiar thall, is sibhse a fhreagróidh an cheist sin níos déanaí anocht. Impím oraibh vótáil leis an rún.

Photo of Shónagh Ní RaghallaighShónagh Ní Raghallaigh (Kildare South, Sinn Fein)
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It is only a fortnight since Sinn Féin introduced the Israeli genocide bonds Bill. In voting against that Bill, the Government squandered an opportunity to stand on the right side of what will, no doubt, be remembered as a decisive moment in history. I thank the Social Democrats for returning to this issue and giving the Government a second chance to make good on its supposed commitment to the Palestinian people.

For all the Government's back-patting and boasts about being the best in class on Palestine, the truth is that we are now trailing behind Australia, Canada, New Zealand and Norway, which have moved to sanction Israeli leaders for their abominable human rights abuses.

Let us be honest. The motion before us today is modest. It is not a big ask. We are not trying to ban the sale of Israeli genocide bonds across Europe. We do not have the power to do that, but we have the power to say the Irish people want no hand, act or part in that ugly deed. We know for a fact that we have the power to do this and a suggestion to the contrary is nothing more than foot-dragging and cowardice.

Má thacaíonn an Rialtas leis an rún seo beidh deis ag muintir na hÉireann teachtaireacht a thabhairt ar an stáitse idirnáisiúnta go bhfuil muid aontaithe in aghaidh an chinedhíothaithe i nGaza, gur féidir seasamh suas i gcoinne bulaithe, agus nach ndéantar neamhaird ar dhaonnacht mhuintir na Palaistíne.

The genocide bonds Bill is about sending a powerful message to our people and the international community that we will not stand idly by, that we can and will stand up to bullies and that basic human decency and dignity still count for something. I implore the Government to lead with its conscience and to wipe our hands clean of these bloody bonds once and for all.

4:00 am

Photo of Ruairí Ó MurchúRuairí Ó Murchú (Louth, Sinn Fein)
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It is hard to believe that we are having this debate. There is absolute acceptance that Israel is an apartheid state that is engaged in genocidal action in Gaza. Another 25 people were killed at a so-called Gaza Humanitarian Foundation aid station. I do not know what defence there can be for what Israel is doing on a day-by-day basis. At least 55,000 people have been slaughtered and there is no end in sight.

While the Central Bank may not be selling them, it is facilitating these Israeli war bonds. We can have an argument about the Office of Parliamentary Legal Advisers, the legal service available to us, which seems to have the best of legal minds. It is intent on ensuring that the Minister does not do anything that could be unconstitutional or unlawful, yet it was sufficiently happy to draft the Bill and work alongside Deputy Doherty. We all know the Central Bank needs to be provided with powers to have national restrictive measures, which are necessary to ensure that we are not complicit, as is required by the genocide convention. As some of my colleagues have said, the Minister did not say the Bill is unworkable or not legal, and this is not a State that is too worried about infringement actions or legal challenges being taken. In general, the State has faced up to legal challenges, sometimes when it should not have, when ordinary people tried to ensure that their rights were fulfilled.

The Palestinian people may not exist in the next while. At this point, we are facilitating the Israeli Government in selling these bonds. The Minister has not come out and said this is unworkable and outlined how the Government is going to deliver. That is the answer we need from the Minister. We have to do absolutely everything.

We all know the issues we have with the occupied territories Bill without services. We all know there has been failure across Europe on delivering on the EU-Israel association agreement. I do not know how the humanitarian conditions that were put in place legally are not being infringed. We can do very few things at this point to ensure we show absolute solidarity to those who are under genocide and to make sure Israel is pointed out as the pariah state that it is. This is a small, but necessary, act and the Irish people demand that it happen.

Photo of Gerald NashGerald Nash (Louth, Labour)
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I will be sharing time with my colleague Deputy Lawlor. We are in an incredible situation in this country and in the Middle East at present. For the first time, two weeks ago, in response to a Labour Party motion and a Sinn Féin Bill two weeks ago on Israeli bonds, a significant statement was made by senior Government representatives in this House. Finally, a senior Government figure in the State said unequivocally that Israel is carrying out a genocide against the people of Gaza.

The genocide convention, dare I explain again, makes it crystal clear that where genocide is suspected or claimed, there is a moral and legal obligation for a state to make good on its utterances, to bring that to its logical and practical conclusion and to take that claim further. It is uncomfortable for the Government, the leadership of the Central Bank, the citizens of Ireland and all of us in this House to comprehend that our financial services regulator, the Central Bank, is, whatever way we interpret it, a critical cog in the wheel funding the Israeli state, which is carrying out a deliberate starvation policy of children and mass murder of citizens in the open prison that is Gaza.

The far-right Israeli regime makes no bones about it. Dani Naveh, the CEO of Israel Bonds, the organisation that sells these bonds, has admitted publicly that the resources generated from the sale of these bonds are funding what he called the military operations in Gaza. The fact that Ireland was saddled with operating the Israeli bonds prospectus is another perverse outworking of Brexit. It is not a responsibility the Central Bank asked for, I assume, but it is one it and, by extension, we, as Irish citizens and Members of the House, have. Ireland is now the home country for Israeli bonds in terms of the prospectus. The explanations as to why we cannot introduce legislation to change that reality seem, to the many of us who are desperate to see accountability and an end to the ethnic cleansing, like a mere detail in the face of a bonfire of international laws and norms.

It is ironic in the extreme, although this is no time for irony, that Israel sees Ireland as a country that is not fit to host its ambassador, yet it conveniently uses our Central Bank, our financial regulator, to approve its bond packages for investors who want to invest in the State of Israel. That is, frankly, perverse. The Central Bank is independent in the carrying-out of its functions. However, when a senior member of the Government recognises that the state whose prospectus is approved here is engaged in genocide, we have a greater responsibility. I and others would argue that all State agencies have a role beyond a narrow technical and Jesuitical interpretation of laws and an obligation to tick a box.

The preamble to the EU prospectus governing this space states:

This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. Therefore, this Regulation should be interpreted and applied in accordance with those rights and principles.

The charter states the Union is founded on the indivisible and universal values of human dignity, freedom, equality and solidarity and is based on the principles of democracy and the rule of law. This all speaks for itself.

That we have not yet imposed any form of sanction on Israel is unconscionable. I accept, and we all understand, that Ireland is doing all it can to build coalitions in that regard. Yet, as the House knows, we have the power to restrict access to financial services. These arguments have been well rehearsed in recent weeks. In other words, there are opportunities to develop and enact legislation to restrict and stop the Central Bank's role in this.

The Governor of the Central Bank will appear before the finance committee today. He will say that the term for the current prospectus will come to an end in September of this year. Regardless of what happens today, the Central Bank has a decision to take in the next three to four months. We can decide to enact emergency legislation to stop this now and challenge the State of Israel to see us in the international courts, courts which, by the way, Israel now routinely decides not to recognise at all. Let us challenge Israel to do that.

As we move beyond this motion, in the next three to four months, will the Government indicate its view to the Central Bank and remind it of its legal and moral obligations? What thresholds will the Government expect it to use? What criteria will it apply to a decision it may have to make to renew the Israeli prospectus as it comes to an end?

As a State, we have, at least by the unconscionably low international standards that obtain at the moment, shown leadership in response to the devastation in Gaza and the genocide being carried out against the Palestinian people. We have been pioneers. Let us continue to be. Let us accept this motion and, as colleagues in the Social Democrats said earlier, provide all TDs in this House with the opportunity to vote with their conscience. Let us do the right thing this evening.

4:10 am

Photo of George LawlorGeorge Lawlor (Wexford, Labour)
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We can all recite the litany of the dead. We watch nightly the systematic destruction of an entire people. By design, the current Government of Israel is ethnically cleansing the Gaza Strip, making life impossible to endure there. There can be no doubt that the Government of Benjamin Netanyahu is well advanced in implementing a plan to remove the Palestinian people from their historic homeland through bombardment, terror and famine to ultimately replace them with Israeli settlers.

We have witnessed nothing like this in recent world history. A member of the United Nations is in defiance of the basic principles of the UN Charter, which recognises the principle of self-determination of peoples, a core concept in international law and an obligation on member states. Israel acts with impunity. It is deaf to any voice of humanity urging it to halt its unconscionable assault on the innocent. Many millions of people around the world look on in horror. I have stood in Wexford town with ordinary people of every political persuasion simply to bear witness and to stand in solidarity with the suffering people of Palestine. We stand with a sense of importance. The discussion is that there must be more we can do. We, the Irish people, have known oppression and endured famine. We know well the abuse of power by the dominant over the weak. History places an obligation on us to do all we can.

As the Minister knows well, our recent economic history has also educated our people in the power of the bond market. When Ireland was shut out of the international bond markets after the financial crash, we saw the catastrophic impact on our country. More recently, we witnessed the power of the bond markets to impact on the most powerful of political actors. When the markets rejected the budget proposals of the former British Prime Minister Liz Truss, her Government fell. Even Donald Trump was required to change course when the cost of US borrowing shot up after his liberation day declarations. While I have no illusions that any action by this State will have such dramatic impact, we must do all we can. In this case, standing against barbarism will no doubt come at a cost. Waiting for others to give leadership in order that we can more safely follow is morally unacceptable.

When the Dunnes Stores workers refused to handle fruit from apartheid South Africa in July 1984, they knew their actions would not by themselves bring down apartheid. Their actions did, however, bring about the banning of all South African goods by the Irish Government in 1987, making it the first western government to do so. We need to show the same courage and solidarity with the desperate people of Palestine today. The people of Ireland demand we take real action and do all in our power. While this may be a small, symbolic signal, it is a symbolic signal to the world that Ireland will not stand idly by in the face of genocide.

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Solidarity)
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The Taoiseach gets annoyed when we use the word “complicit”. I believe the Minister does too. What does the word “complicit” mean? I looked it up again before I came to the Chamber. It means “involved in, or knowing something is wrong or unlawful”. The Minister knows something is wrong and unlawful and he has a big chance to do something about it. This is a really clear example. The Irish Central Bank is processing Israeli bonds that the Israeli state itself boasts are crucial to the conflict and the war in which it is involved. That is from Isaac Herzog. The Governor of the Central Bank says the bonds cannot be stopped without a legal basis. There are multiple legal bases, including the genocide convention, the International Court of Justice’s ruling and EU laws that have been cited in the Chamber today.

The Minister said it was an appalling tragedy. It is not an appalling tragedy. This is man-made and designed. I would love to be as calm as the Minister when he spoke. He talked about partners the Government is working with. We heard the Taoiseach yesterday talking about some of them as well. A lot of them are tyrants, by the way. Saudi Arabia and Jordan never give a toss about Palestinians. The Minister also spoke about a two-state solution. Does he think there will be two states left? The way things are going, Palestine will not exist unless there is action. The Minister is parsing and analysing words in the face of a genocide. The Central Bank took over this role after Brexit. An EU state was needed to approve these bonds. Ireland is a lynchpin State for the sale of these bonds. It cannot happen without Ireland's approval. Petty legalities are being used in the face of a genocide. The Government is putting compliance with finance laws above the lives of millions of Palestinians. It is business as usual. That is complicity.

My heart breaks for the people of Palestine. They are victims of an absolutely brutal phase of capitalism right now where colonialism and imperialism are unleashed. Greta Thunberg summed it up absolutely brilliantly yesterday when she was asked why this is happening and why governments are ignoring it. She explained that it was because of racism and a system that is so destructive that it puts short-term profit and geopolitical interests above the needs of humanity. I salute the march to Gaza and other initiatives by ordinary people. We cannot rely on governments like this Government. That is clear.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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I have no doubt the Minister has feelings of horror like we have and like he expressed. My difficulty is that he is demonstrating a classic case of cognitive dissonance because he holds beliefs in his head that are clashing with each other. While his feelings are the same as ours, his actions are different. In doing those actions, he seeks to rationalise them, which is the classic way of resolving cognitive dissonance. The Minister does that in the way he talks about the independence of the bank, which I will come back to.

I wish to say something that Deputy Coppinger referred to. The Minister talked about the absolute abhorrence of the death and destruction being visited on the civilians of Gaza. That sentence, which was contained in a carefully crafted speech of 1,279 words, is like something out of the Bible. Nothing is being visited on them. Israel, and the Israeli army, are committing genocide. Absolutely nowhere in his speech did the Minister say that. There is nothing being visited on them. Genocide is being perpetuated. The Taoiseach and the Tánaiste have finally said that.

With regard to the Central Bank, of course it is independent. It is not independent of the law, however. It is not independent of the Central Bank law that obliges it to comply with EU law. The Minister referred to one article but he did not balance that. Who is advising the Governor of the Central Bank? Is it the Minister himself or some Department? What advice is being given? How are the competing articles in the EU being balanced? Can we see how they are being balanced? What about the staff in the Central Bank? What is the morale like in the Central Bank at the moment? I gather it is at an all-time low and that the Governor of the Central Bank is nowhere to be seen.

In respect of the bonds not being renewed in September, that is the least we could do. More importantly, the word “complicit” absolutely applies because we are not only allowing the Central Bank to function independently when this should not be lawful, but we are also buying the bonds. We are actually buying the war bonds. The Minister knows that. I have the answer. I received a reply. Over €2 million has been directly invested by the NTMA and the ISIF in war bonds. If that does not equal complicity, I do not know what that word means. The Minister's carefully crafted speech is absolutely a working-out of cognitive dissonance. It does not match the feelings of horror he has expressed today.

Photo of Paul MurphyPaul Murphy (Dublin South West, Solidarity)
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First, I thank the Social Democrats for using its time to allow this joint motion to be debated. There is a lot of obfuscation from the Government and an attempt to mislead people in the counter motion and in the Minister’s speech.

It is true that the Central Bank does not sell, endorse or oversee these bonds, but the key point is that it is facilitating the sale of Israeli bonds across the European Union that pay for the genocide in Gaza. There is no question that Israel is carrying out a genocide; the Taoiseach and the Tánaiste have said it on the Dáil record. However, they seem to think they will say it and get some credit for saying it, and that it will not have any consequences. It must have legal and moral consequences. We have to do everything in our power to stop a genocide taking place, which means no more hiding behind the technicalities of the EU prospectus regulation, which, by the way, is supposed to be interpreted and applied in accordance with the Charter of Fundamental Rights. Is the Minister’s argument seriously that a regulation on financial prospectuses should override the UN Convention on the Prevention and Punishment of the Crime of Genocide? He is offended when it is said he is complicit, but what else can it possibly be?

Just yesterday, the Tánaiste stated:

Anything that can be done to make sure the eyes of the world are fixed on Gaza, at a time when the international community is failing to do enough for Gaza and for the children of Gaza, is a good and appropriate thing. It shouldn't require flotillas, it shouldn't require civilians getting on boats and trying to highlight this, it should require the international community growing a backbone here and saying stop. Stop the genocide.

The Government should take its own advice, grow a backbone, do everything it can to stop the genocide and stop the Central Bank facilitating the sale of these bonds. However, I have no confidence in the so-called international community of western governments that are complicit in, fund and support the genocide. I have confidence in the international community of ordinary people, such as those on the streets, trade unions, mothers, the people on the boats and the people on the march to Gaza, which I am proud to be participating in.

4:20 am

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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I thank the Chair, and the Social Democrats for bringing forward this motion today. The Green Party is pleased to co-sign this motion, which seeks to end the Central Bank's facilitation of the sale of Israeli bonds. We are deeply concerned that these bonds have, since October 2023, been marketed explicitly in the context of the ongoing war in Gaza, with statements from the Israeli Government describing them as supporting its military efforts. This situation is taking place in the shadow of dire findings from international legal bodies regarding Israel's actions in Gaza. In January 2024, the International Court of Justice found there was a plausible risk of genocide in Gaza, a determination that, under the genocide convention, creates legal obligations for all states to act to prevent genocide and ensure they do not support or enable it in any way. In July 2024, the ICJ issued an advisory opinion declaring Israel's occupation of Palestinian territories unlawful and found its discriminatory policies violated international law, including the International Convention on the Elimination of All Forms of Racial Discrimination's ban on segregation and apartheid. The Central Bank has acknowledged that the bond prospectus refers clearly to the war in Gaza and to the intended use of these funds but stated it must operate within existing legal constraints. However, I believe this situation requires careful consideration of Ireland's obligations under international humanitarian law, and particularly under the genocide convention. This motion calls for the Government to urgently assert Ireland's obligations under the genocide convention and international humanitarian law, to direct the Central Bank accordingly and, if necessary, to introduce legislation to ensure full compliance with these obligations. The Green Party has consistently advocated for humanitarian access, a sustained ceasefire, the release of hostages and an end to the genocidal actions of the Israeli Government. This motion is not about politics. It is about upholding the standards we set for ourselves as a state and the values of peace, justice and the rule of law.

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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Cuirim fáilte roimh an rún tábhachtach seo agus gabhaim buíochas leis na Social Democrats as an rún a chur os comhair na Dála inniu. I want to focus on one particular issue. It has been reported in the media in the Middle East that the United States and Israel have agreed the United Nations interim force in Lebanon will cease its operations in southern Lebanon. It has also been reported that the US Government has decided not to renew UNIFIL's mandate and Israel reportedly did not disagree with it. A vote on the mandate in the United Nations Security Council is expected to occur in the coming months. That is a very serious issue. Irish troops have been part of the UNIFIL mission for many years. Since 1978, 30,000 Irish troops have served within that mission and 47 have lost their lives. At the moment, about 340 members of the 125th infantry battalion are deployed in Lebanon. What does this mean and what kind of engagement has the Irish Government had with the US Government? Recently, the Tánaiste, Simon Harris, said that “by recommitting to the UNIFIL mission Ireland is sending a clear message that we support peace, we value stability and we care about the people and communities of southern Lebanon.” Where is our commitment now if, in fact, it looks like the US is going to bring that particular mission to an end in southern Lebanon? Will the Minister reply to that very serious development within the Middle East?

Israel is dropping bombs on hospitals, schools and tents. The IDF is atomising the bodies of small children with armaments that are funded by Israeli bonds. The Israeli regime is starving people and using famine as a weapon of war. It is also trying to humiliate the people of Gaza by providing very restricted food programmes and then killing people who seek to feed their families from those programmes. I have never seen such gruesome violations of human rights unfold in real time in my life. Some 54,000 people have been killed, 70% of them women and children. I never thought I would witness the international community in cahoots with such large-scale human rights violations. Many are in cahoots, but many others are silent on this issue. Ireland is not silent, I admit. The Government has sent out strong messages, but there is an equivocation here. It sends out messages but supports Ursula von der Leyen. It recognises Palestine but allows for bonds to be sold for the Israeli war machine. The destruction of the people of Gaza is happening because it is being facilitated by many people in the international community. The Government facilitates the sale of Israeli war bonds and is therefore facilitating the funding of the gruesome horror that is unfolding every day. I ask the Government to stop that facilitation, take a decision, show leadership on this issue and save people's lives.

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Independent)
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I wish to focus on one aspect of this motion I support, namely, the reference “to honour Ireland's obligations under the Genocide Convention and to fulfill the duty of the State to use all means likely to have a deterrent effect on those suspected of preparing genocide or reasonably suspected of harbouring specific intent, and work to prevent the genocide.” We have had a two-faced approach. I will acknowledge, as I said to the Tánaiste before in discussions, that Ireland has played a role in holding Israel to account. We supported the South African case in the ICJ, for example, and the Israeli state withdrew its ambassador, accusing Ireland of being an antisemitic country, all because we signalled our intent. However, when it comes to the crunch, what have we done? We have not facilitated the arms embargo Bill. We keep trying to dilute and water down the occupied territories Bill. Hopefully, it is coming in the autumn, but we seem to be dragging it out, saying it is not technically possible or that this or that is not legal. The same thing applies to this legislation. We had a debate on it last week, when I spoke for 11 minutes. The Minister is saying it is not possible to do what we should be doing in respect of the Central Bank because of EU legislation. Why do we not - I ask this question again - bring it as far as we legally can and leave it up to the EU to then follow suit? We should be doing everything in our power to send out the message about the genocide taking place in Gaza and the atrocities in the West Bank. Let us bring it to the nth degree, as far as we can, without any excuses. I cannot see a reason for excuses here. If the European Union says it is not legitimate or does not wash, that is up to the European Union, but let us do as much as we can as a country.

Photo of Ken O'FlynnKen O'Flynn (Cork North-Central, Independent Ireland Party)
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There is a moment in public life that demands more than ideology. It demands conscience, clarity and, above all, courage. The motion before us, brought by the Social Democrats, seeks to express opposition to Israel's war efforts by way of economic instrument, by targeting war bonds and financial ties.

As a centrist, I approach this and other motions like this with deliberation of mind and a steady hand. I do not believe foreign policy should be conducted by slogan or that Ireland's voice would be made stronger by shouting the loudest. However, silence too is a decision and as we face what we have seen in the past year, silence could be taken as complicity. We have witnessed a catastrophe unfold in Gaza. More than 50,000 lives have been lost. Many of them were children. We have seen cities flattened, hospitals destroyed and families buried beneath rubble. They are not just numbers. They are names, have stories and they are loved ones.

Let us speak plainly in this House. The atrocities committed on 7 October were barbaric. Hamas carried out a brutal assault on innocent civilians and any nation has the right to defend itself from terror, but that right is not unlimited. We cannot justify collective punishment. It cannot justify the erasure of a people. Israel has a right to security, but the people of Palestine have a right to dignity, to self-determination and to life. Where does that leave us in this House? If we are to be a republic built on human rights and the principle of neutrality rooted in peace and not passivity, we cannot avert our gaze from alleged war crimes, starvation being used as a weapon or international law being disregarded. That is why, although I may not endorse every element of this motion's framing, I support it in spirit. I support the idea that Ireland should not support financial instruments that fund any destruction - destruction in Gaza or anywhere else in the world. This is not about choosing a side in an internal conflict; it is about choosing humanity over cruelty, law over chaos and peace over permanent war. If Ireland, small as it may be, can stand up in this Chamber and in the chambers of the world to say we will not fund bombs but we will fund peace, surely that is the leadership we need today.

4:30 am

Photo of Michael CollinsMichael Collins (Cork South-West, Independent Ireland Party)
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We will be supporting this motion to end the Central Bank of Ireland's facilitation of Israeli bonds. As a representative of the people of west Cork, which was profoundly impacted by the Great Famine, I have a personal connection to the suffering of the Gazans today. I repeat myself when I say we are here to protect life and dignity without taking sides. Ireland is trusted because we do not serve geopolitical interests. Starvation as a weapon is a breach of international law. The deliberate denial of food and aid is collective punishment. It is a war crime.

We know from our history during the Great Famine and from the oppression visited on us, the Irish, by others that there is a devastating impact from such actions. The Irish Government has a legal and moral duty to act to avoid complicity in Israel's genocide. If we do not end the Central Bank's facilitation of Israeli bonds, we are no better than those who profited from shipping produce out of Ireland while people starved. If our history means anything, we must act to alleviate famine wherever we find it. We see every day the images from this war and the starvation of the very young and the very old. It is time this stops. Food is a basic human need and if we can help, we must. The Government must end the Central Bank's role in the facilitation of these bonds. There is clear and independent Oireachtas legal advice that the State has authority to do this.

It is quite ironic that the Social Democrats are presenting this motion given the recent controversy involving one of their TDs and his sale of shares in Palantir technologies, a company that supplies technology to the Israeli military. This raises serious ethical concerns. They are talking out of both sides of their mouths. I call into question their maturity and ability, before advocating for the high ethical standards in their motion.

Photo of Barry HeneghanBarry Heneghan (Dublin Bay North, Independent)
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What everyone has said today is completely true. We are witnessing one of the darkest moments in modern history. In Gaza, the population is being bombed, starved, displaced and deprived of the most basic human rights.

When I met a young man who lives in my constituency whose parents are still in Gaza, I could not look him in the eye and say I am not doing everything I can to help him and his family. Ireland cannot be one of the silent countries.

Let us speak clearly. Israel is committing genocide in Gaza. This is not a political slogan. It is the conclusion of respected international legal bodies and the position of the Government, human rights organisations and aid workers on the ground. More than 54,000 people have been killed and thousands of others injured, most of whom are men and children. Thousands of families have been completely wiped out. It includes medical staff, journalists and UN workers. In absolutely horrific scenes that we see on our phones, hundreds of Palestinians are being shot at while trying to get aid. They were not armed. They did not pose any threat. They were just trying to survive like our ancestors tried to do. In two separate incidents, Israeli forces opened fire on civilians gathered at aid trucks. Many of the victims were shot in the back. This is not war. It is absolutely horrific. We need to do everything we can to be on the right side of history.

The horror continues at every level. Just days ago, a flotilla carrying food, medicine and baby formula was intercepted by Israeli forces in international waters - another breach of law. The Israeli State has been continually breaching laws and nothing is being done. This is ridiculous. We have all seen the images of children dying of hunger and infants skeletal from starvation being brought into crumbling hospitals by mothers who can do no more. Gazan children are being starved to death in full view. We have said it is genocide, but why are we not doing everything we can to stop it?

I commend the Irish Government on doing what it has done so far. It has been leading the push to review the EU-Israel trade agreement but we need to do more. We are blatantly ignoring it. Our voice matters. Our voice has always been a voice for peace. We did it before with apartheid South Africa. Let us lead the charge again. We must push the EU to follow the UK's example. In recent days, the UK Government sanctioned two Israeli ministers. We need to do that now. It also sanctioned a leading figure of a settlement movement. There are senior members of the Israeli Government we need to sanction.

The main point is that our Central Bank is facilitating the sale of bonds that are war bonds. This is not about diplomatic language. It is about technicalities. It is about the decency of us doing the right thing.

Photo of Paul McAuliffePaul McAuliffe (Dublin North-West, Fianna Fail)
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First, I will respond to the thousands of emails I have received and make it clear that I, my party and the Government do not support the genocide taking place in Gaza. We do not support the genocide, the starvation of Gazan citizens or the current actions of Hamas or Israel. We believe those actions are undermining the stability of peace in the region and of the ultimate solution, a two-state solution.

Ireland has taken strong action on this. In fact, we have been one of the loudest voices in the global community on the issue of Palestine. It is difficult sometimes to balance the idea that two of the loudest voices criticising the Government are on the one hand the Israeli Government, and on the other hand the Irish Opposition. It is hard to reconcile those two things.

I will take the example of the measures we took in relation to the UN Relief Works Agency, UNRWA. When Israel and many other countries were seeking to de-fund and discredit UNRWA, the Irish Government was one of the first to step in. Not only did we discredit those attempts to undermine UNRWA, but we were also there with money to support its core services and Palestinian aid in general. I also commend our decision to support the International Court of Justice, ICJ, process of evaluating Israel's actions in the occupied territories.

The latest issue is the sale of Israeli bonds through the Central Bank. It is certainly of concern. As the previous speaker said, we should try to do everything we can legally do to prevent any support. The important word is "legally". The Central Bank does not issue, sell, trade, list or oversee Israeli bonds. Its role is under EU regulation and it is to assess a bond's prospectus and ensure it includes all the disclosures required under the EU prospectus regulation.

This is what the Central Bank currently does. What is important to note and what this motion fails to understand - I take on board the bona fides of those supporting it - is that the Central Bank is independent of the Government in its functions. I think everybody in the House accepts this point. If the Central Bank were not to be independent in its functions, the Minister for Finance would be setting the interest rates for every mortgage in the country. We cannot have a situation where the Government can direct the Central Bank. It is independent and a cornerstone of the way our system works.

The Central Bank does not issue, sell or oversee the bonds. There is strong EU regulation and the Central Bank's own press release is very clear in setting out what it can and cannot do. The Central Bank, however, does have a contract to issue this prospectus and it is an institution that regards its own reputation as important. While the Central Bank has limited grounds on which it could decline a prospectus, it should use every element in the context of its own independence to ensure that prospectus is only approved because of the basic financial regulations it can operate within. If there are any grounds on which the Central Bank as an independent body can decline the prospectus, then it is my belief that it should do so. That is not the same thing, though, as this House or this Government instructing an independent body to do it.

Additionally, all of us in this House have called for an immediate ceasefire and the release of hostages. We must, however, make a broader call to our European partners. While there is a great strength of feeling in this House regarding the issue of Palestine, I think many of us cannot understand why many of our European partners are not taking the same position when we see the pictures every night. I know this is, in part, because of the historical relationship and historical facts on the Continent over the last 100 years. We cannot, though, allow what has happened in the past to restrict our ability to prevent a genocide taking place. It is my view that other European Union countries need to come on board with Ireland, Spain and our other partners and that we need to undertake the far bigger and greater sanction of reviewing the EU-Israel trade agreement. We voted for this, although it took too long. We must also introduce European sanctions against Israel, as we did with Russia. The impact of European sanctions against Israel would be far more effective than the passing of the occupied territories Bill, which we are committed to doing, and anything we do here in relation to bonds. Reviewing, ceasing or ending the EU-Israel trade deal would be one of the biggest sanctions we could take against Israel.

Many people, including this week when I was on national television, said the Government was afraid to take these actions because the capitalist system, our relationship with America, business and so on was somehow acting as a chilling effect on us taking these steps. I cannot reconcile that argument with the steps Ireland has taken. This is because I know from people I have spoken to in the United States that they do not understand why Ireland is making these decisions. I refer to the impression that Ireland is already a strong supporter of the Palestinian people and of preventing what is happening there. This is already known around the world, so the argument does not stack up that we are afraid to take certain decisions because they might impact business. Business will never impact the morals of this Government or I would hope any other Government in this State. It is not the reason we are taking actions. Shame on any Opposition Member who says that by not supporting this motion we are supporting genocide. Shame on any Member who says I am supporting genocide because I cannot vote for a motion that is not legally sound.

4:40 am

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I thank all the Deputies who have spoken so passionately during this debate about the horrific and inhumane situation in Gaza. Being in government is about doing everything in our power to address issues facing society, but doing it within the confines of international law so real progress can be made. There may be differences of opinion regarding our approach, but I do not for a moment doubt the sincerity of this motion. What is being asked, however, is for the Government to bring in measures where there is a material risk these may be in conflict with an EU treaty. This is what our legal advice states and the practical reality is that this motion would be counterproductive to achieving tangible impacts.

I address the Dáil today, like all previous speakers, fully aware of and deeply affected by the hardship and suffering of the Palestinian people. I fiercely denounce the ongoing military operation by the Israel Defense Forces in Gaza. It has inflicted more misery and hunger on the people of Gaza. Israel's continued expansion of its military operation in Gaza and its announced establishment of a sustained presence are extremely worrying and will further deepen an already terrible situation. The Government has consistently condemned any arrangement for humanitarian assistance that does not ensure access for the entire population of Gaza. Israel's decision to take control of the distribution of humanitarian aid through private contractors has been described by the UN as unacceptable and "designed to further control and restrict supplies". The term "unacceptable" is an understatement. Recent weeks have seen a meagre amount of aid being permitted to enter Gaza and this is completely out of proportion with the scale of the need for humanitarian aid that continues to grow day by day. As previous speakers said, starvation is being used as a weapon of war and the actions of Israel are genocide.

I hold a deep respect for the principles at the heart of the Opposition's motion and the Government shares in much of them, such as the collective commitment to human rights and international law. I believe these are principles shared by all Members of the House. As the Minister, Deputy Donohoe, outlined previously, the Government and Social Democrats motions share more common ground than differences when it comes to the issues in Gaza. It is our belief, however, that our countermotion is the correct motion for the House to endorse. It sets out the work the Government has done to date but, more importantly, the work we will continue to do to try to help and assist to bring about a peaceful settlement in Palestine. I feel it is important that when this House speaks we do so with a unified voice on this issue. I think our voice is stronger when unified on the international stage. Ireland has been one of the loudest voices internationally bilaterally and multilaterally, repeatedly calling on Israel to comply with international law and stressing the universal applicability of international law, including international humanitarian law. Ireland will continue to uphold these principles as we double down on our commitment to defending and strengthening a stable and secure international environment based on respect for international law.

Since the onset of this conflict, Ireland has sought to support humanitarian responses wherever we can. We have provided more than €88 million in support to the people of Palestine, including €58 million for UNRWA since 2023 to support programmes in Gaza. The Government is also pushing ahead with legislation to prohibit imports from illegal settlements in the Occupied Territories in accordance with the commitment in the programme for Government. What is needed now more than ever is urgency on the international stage and a unified approach with a single goal of ending disproportionate suffering. While we hold Israel to account in this House, we must also voice our unreserved condemnation of the role of Hamas in forcing this suffering on the people of Gaza, despite the excessive and disproportionate means of the retaliation the Israeli State has embarked on. We have also condemned the taking of hostages, which is totally unacceptable. I again repeat Ireland's call for the immediate and unconditional release of all remaining hostages. It is clear that Hamas has brought only death, destruction and suffering to its own people and to Israel. The Government acknowledges, through our countermotion, that we are united in our disgust at the report by the United Nations of 54,600 people having been killed in Gaza since October 2023, more than 23,000 of whom are women and children. Additionally, we are gravely concerned at the latest assessment by the IPC global hunger monitor that the entire population of Gaza is facing insecurity, with 500,000 people facing starvation.

As this House is aware, Ireland is a committed advocate of multilateral action. Ireland implements EU and UN sanctions. When we address complex international issues, it is stressed that measures to be introduced must be negotiated, agreed and introduced at EU and UN level for them to have real credibility and real impact.

The collective power of the UN is best placed to promote the objectives of the bloc's foreign and security policy and to bring about a change of the policy of behaviour of the subject of the measure. Any attempt to act unilaterally could undermine the unified approach that we are beginning to see form at EU level. We cannot seek to uphold international law by breaking EU law. Ireland is a strong voice in Europe on this matter and we have galvanised support among several member states thanks to our leadership and our action, and we need the support of more member states. A unified approach towards the situation in Gaza is the most viable approach. Just as we have a unified approach towards Russia's aggression and destruction in Ukraine, Europe must have the same view and response when it comes to Israeli action in Gaza. Ireland and indeed the world have been found wanting in this area when it comes to the unified approach. This is largely due to the historical reasons of what has been afflicted on the Jewish people in the past, but I feel that is totally wrong and no justification for the lack of action on behalf of some member states.

Not one Deputy or Minister in this House is more horrified than another about the situation in Gaza. Motions like this from the Opposition, while well-meaning, can help sow division when solidarity is needed more than ever in this House. The work of our diplomats in Europe and the United Nations is valued and delicate. We must ensure that their work is allowed to progress unobstructed, and that Ireland continues to build a consensus that can have a lasting impact. Some in the Opposition will measure the success of this motion in media clippings and social media posts tomorrow. Let me be very clear that the Government measures success in this regard very differently, and our work will continue with the utmost resolve to work towards what needs to be done.

We have been building support with international leaders consistently, adding signatures and condemning Israeli action, building alignments towards a unified approach. I fully accept that is not happening near fast enough in comparison to what is happening on the ground in Gaza, but our commitment and our belief in moving the dial is steadfast. Ireland must prioritise co-ordinated action through mechanisms of the EU and the UN to ensure that any measures taken are robust and internationally respected. Sanctions are stronger and more effective when done at unilateral level. Ireland continues to support the review of the EU-Israel association agreement and welcomed the EU decision last month. We were one of the first of two countries to call for that back in February 2024. We intervened in South Africa’s International Court of Justice case against Israel on the Genocide Convention, and we recognise Palestine as a sovereign and independent state.

The Minister, Deputy Donohoe, already outlined, but I feel it must be reiterated, that the role of the Central Bank has been misrepresented by some in opposition who are sowing division. Some are using this appalling human suffering, unfortunately, for political gain domestically. We should be clear on what the role of the Central Bank is: it is an independent, non-political financial regulator that works under the auspices of law and, in this particular case, with regard to the approval of the Israeli prospectus documentation under EU law. To be clear to the House, the Central Bank does not issue, sell, trade, list or oversee Israeli bonds. Under the EU prospectus regulation, a prospectus must be created, approved and published when securities are to be offered to the public or admitted to trading on a regulated market in the EU. In the case of Israel, a non-EU trade country, it chose the Irish Central Bank to approve its prospectus post-Brexit, and the bank is obliged under EU law to approve it once it is satisfied that it meets the conditions laid out by the regulations. These conditions concern completeness, consistency, comprehensibility and legality. The Central Bank is not endorsing these bonds.

The proposed motion would seek to initiate legislation to stop the Central Bank from fulfilling its obligation under EU law, which the Government has previously been advised would breach our obligation as a member of European Union and leave the State open to legal proceedings. I reiterate that this would ultimately be a case of breaking one law to enforce another law and we do not believe it would work.

I firmly believe that when the House speaks, we should do so as a unified voice. Ireland has led in this issue, and we have brought others along. As I said, in February 2024 we were one of only two countries that signed the formal letter seeking a review of the EU-Israeli association. Now, the majority of Europe is singing from the same hymn sheet, and we need to make sure that we have a fully unified approach. Ireland is using all the tools it has at its disposal - political, legal, diplomatic and humanitarian - in response to this dreadful conflict. It is not in the interest of the innocent people of Gaza to take unilateral action by disregarding EU laws to change a domestic law that would ultimately not achieve its goals of stopping the approval of a Israeli bonds in the EU. It is for these reasons the Government moved the countermotion.

4:50 am

Photo of Rory HearneRory Hearne (Dublin North-West, Social Democrats)
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This motion gives the Irish Government the opportunity to fulfil its moral, ethical, legal and democratic obligations to act to prevent the genocide that is being committed against the Palestinian people in Gaza. Israel is pursuing a campaign of collective punishment against the Palestinian people, destroying entire cities and forced displacement camps where people have nowhere else to go. It is a war crime, and that war crime is being committed and undertaken, funded through the Irish Central Bank. The most upsetting, abhorrent war crime that is being committed is the collective punishment of children. According to UNICEF, more than 15,000 children in Gaza have been killed, more than 34,000 have been injured and nearly 1 million have been displaced. Gaza has become the graveyard of our collective humanity, but what is being done in terms of the mass murder of children, their families, their communities and the entire Palestinian people?

The Government is claiming that Ireland is a leader internationally on Palestine and, indeed, it is true that in calling out Israel for its war crimes and genocide, it has done more than other countries. However, it is very clear there is more it could be doing, and, in fact, it is in one of the most powerful places in the world to do more because the Irish people have shown they want the Government to do more. The Irish people themselves are leaders on a global scale. They organise protests every other day in towns, villages and cities. We see them on bridges and we join them. Day after day, thousands of Irish people stand in solidarity and plead with the Government to do more. Opinion polls show that, overwhelmingly, the Irish people want the Irish Government to lead internationally in sanctioning Israel. Therefore, the Government should take the mandate it has been given from the Irish people. It should be courageous and do everything, and I mean everything, it can do to sanction Israel. It should stop the Central Bank facilitating the sale of Israeli war bonds. The Government must do it immediately. As I said, there is a moral, ethical, legal and democratic obligation on the Government to intervene and stop the Irish State facilitating these war bonds.

It should step up and take the consequences from the EU. I will repeat it again: take the consequences. It can take a lead. Yes, it will upset some European partners and yes, it requires taking action that goes beyond the normal course of business, but this is genocide. It is being committed by the State and Government of Israel. They are acting unilaterally to wipe out the Palestinian people, and our Central Bank is facilitating that. Condemning the crimes means nothing if we are funding them. This Government needs to act. It should support this motion as it is the right thing to do.

Photo of Jen CumminsJen Cummins (Dublin South Central, Social Democrats)
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I am here today with a very heavy heart, and I have an unwavering sense of duty, not only to this House but to the generations who will read about what is happening right now in the future. Someday, maybe in 20 years or 30 years, school children across Ireland will open their history books and they will come upon a chapter entitled "Palestine". They will read about the tens of thousands of people killed, the children pulled from the rubble and the people starved under blockade.

Photo of Verona MurphyVerona Murphy (Wexford, Independent)
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Deputy Cummins, I am very sorry, but we have to conclude the debate at 12 o'clock. I have to put the question, so I ask the Deputy to conclude.

Photo of Rory HearneRory Hearne (Dublin North-West, Social Democrats)
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That is not right.

Photo of Jen CumminsJen Cummins (Dublin South Central, Social Democrats)
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That is not right.

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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I have a right to come in as well. The Ceann Comhairle cannot cut our speaking time like that just because the Minister went over his speaking time.

(Interruptions).

Photo of Jen CumminsJen Cummins (Dublin South Central, Social Democrats)
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Several times other people went over their speaking time.

Photo of Verona MurphyVerona Murphy (Wexford, Independent)
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We have a 12 o'clock-----

Photo of Jen CumminsJen Cummins (Dublin South Central, Social Democrats)
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Several times.

Photo of Verona MurphyVerona Murphy (Wexford, Independent)
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I appreciate that-----

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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It is not right.

Photo of Verona MurphyVerona Murphy (Wexford, Independent)
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Deputy, we have a 12 o'clock deadline. I am afraid I do not make the rules. The rule is 12 o'clock for Leaders' Questions.

(Interruptions).

5:00 am

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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That is very unfair.

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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It is completely unfair that the Ministers went over their speaking time and we have been cut off.

Photo of Sinéad GibneySinéad Gibney (Dublin Rathdown, Social Democrats)
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We still have six minutes left.

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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We have six minutes of our speaking time left.

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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That never happens.

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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That has never happened before.

Photo of Verona MurphyVerona Murphy (Wexford, Independent)
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Well, I appreciate that. We will continue but this is what happens when people go over their time.

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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Tell the Minister that.

Photo of Verona MurphyVerona Murphy (Wexford, Independent)
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Deputy Cummins may continue, with the consent of all Members.

Photo of Jen CumminsJen Cummins (Dublin South Central, Social Democrats)
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Thank you. As I was saying, hospitals, homes and humanity itself have been reduced to dust and they will read about a world that watched. They will ask every one of us, "What did you do? What did Ireland do?" I ask every Deputy here what they will say in response. As a mother of four, I really struggle to watch the television. I struggle to see those dead children and babies wrapped in cloths. I saw a photograph of a mother in a newspaper today. I thought I might break down crying here today but I will not. The look on her face not only reflected the death of her child but the death of humanity.

We should be under no illusion - what is happening in Gaza can happen here. It can happen in this country and we will be pleading with the international community, saying, "Please God, do something for us. Do anything." They will be despairing. We will be despairing. We will be desperate and the deaths will continue, just as they are continuing in Gaza. This motion is not symbolic. It is very clear that we do not want our money to be used for this. We do not want the silence to continue. To facilitate Israeli bonds is to invest, quite literally, in the machinery of occupation, apartheid and annihilation. We have a choice; the people of Gaza do not. I ask that every Deputy vote with their conscience this evening and support this motion.

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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I thank everybody who contributed to this cross-party motion and spoke on it today. Let us be very clear about this. The Minister and the Government are hiding behind technicalities and standard arguments that are wheeled out to justify inaction. The Government could act on this if it wanted to do so. The Central Bank is independent; that is correct. However, as Deputy Connolly pointed out, it is not independent of the law. We, as Members elected to Dáil Éireann by the people, have a role and mandate to enact legislation and to enact emergency legislation in this regard. We have a responsibility to do so. As my colleague, Deputy Gibney, pointed out, the Central Bank itself has stated that a legal basis for refusal of approval of the prospectus for these bonds would be national restrictive measures. As the Dáil, we could do that. The Government has stated it will not bring forward emergency legislation because it would be open to legal challenge. That is meaningless language. Every piece of legislation brought through this Dáil is, of course, open to legal challenge. If that was the threshold, this Government would never enact any legislation whatsoever. We have clear, independent advice from the Office of Parliamentary Legal Advisers that measures on this issue would be in compliance with Irish, EU and international law.

It is utterly wrong for the Whip to be used this evening on backbench Government TDs in respect of this motion. They should be given a free vote so they can vote with their conscience. Every TD has a responsibility to do so this evening. At least 54,000 people have been killed, probably many more, in Gaza and we need action on this now. How much longer will it take for us to have action on this? What would have to happen for the Government to take action on this? These bonds are being used to help fund genocide and bombs landing on the heads of people in Gaza. We need every TD in this Dáil to vote this evening for this motion to enact emergency legislation to stop the facilitation of the sale of these bonds.

Deputies:

Hear, hear.

Amendment put.

Photo of Verona MurphyVerona Murphy (Wexford, Independent)
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In accordance with Standing Order 85(2), the division is postponed until the weekly division time this evening.

I was glad to hear everyone say how unfair it was that they may have had to conclude on time. I would like all Members on both sides of the House to understand the consequences of going over their time and how unfair that is.