Duncan Smith (Dublin Fingal East, Labour)
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2. To ask the Minister for Foreign Affairs and Trade to provide an update on the Israeli settlements (prohibition of importation of goods) Bill; and if she will make a statement on the matter. [66299/25]

Donnchadh Ó Laoghaire (Cork South-Central, Sinn Fein)
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4. To ask the Minister for Foreign Affairs and Trade the current progress of the drafting of the Israeli settlements (prohibition of importation of goods) Bill. [66755/25]

Duncan Smith (Dublin Fingal East, Labour)
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I genuinely wish the Minister, Deputy McEntee, all the best in her new role. I am sure the experience gained in her previous Ministry in European affairs will be a great grounding for the work she has ahead.

My question is seeking an update on the prohibition of settlement goods Bill, which has been the primary Bill in terms of the public's attention during this calendar year. It has been on the books for seven years in some form. I would love an update to see how it is progressing.

Helen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 2 and 4 together.

In June, the Government approved the general scheme of the Israeli settlements in the occupied Palestinian territory (prohibition of importation of goods) Bill. The main purpose of the Bill is to prohibit the importation of goods into the State from Israeli settlements in the occupied Palestinian territory, including East Jerusalem. The Joint Committee on Foreign Affairs and Trade held a number of hearings on the general scheme and received submissions representing a range of views and perspectives.

Pre-legislative scrutiny is an important part of the legislative process and the Tánaiste thanked the committee for its report on receipt. Detailed work to analyse the report and its recommendations is well underway. The regulatory impact assessment is also currently being finalised by the Department of Foreign Affairs and Trade and will be available on the Department’s website when completed, which I hope will be soon. The next steps in the process, including the timeline for the progress of the Bill, are being considered by the Government.

The general scheme fulfils our commitment in the programme for Government to prohibit the import of goods from settlements in the occupied Palestinian territory. Trade in services is considerably more complex than is the case with goods and there remains considerable legal uncertainty as to whether the inclusion of services is permissible under EU law. Legal clarity is needed on this point. This is something that I want to receive, but I made it very clear at the very outset when being appointed to this role that I intended to fulfil our commitment in the programme for Government to enact this legislation. We must also take account of practical issues with regard to the implementation should services be included in the scope of the Bill.

It remains the Government’s preference that collective action would be taken at an EU level and we continue to pursue this. In this context, Ireland has welcomed the announcements by the Dutch, Spanish, Slovenian and Belgian Governments regarding the banning of the importation of goods produced in illegal Israeli settlements.

We obviously know that those measures were introduced prior to the ceasefire, but those announcements by the Dutch, Spanish, Slovenian and Belgian Governments were welcome. We are working with all of them.

Notwithstanding the positive and welcome developments with regard to the ceasefire and hostage release deal in Gaza, Ireland has also made clear its view that the EU must keep the package of measures proposed by the Commission in response to Israeli human rights and other breaches on the table. It is an issue that Ireland raised and led the charge on. We want to ensure a significant response and to keep those measures on the table. They are very much firmly on the table.

The primary focus at EU level right now is ensuring the success of the ceasefire and peace deal, and of making a contribution to international efforts in this regard, as well as making sure that the humanitarian aid that is so badly needed does not just continue to flow but increases. There are significant concerns about the number of young people who will face starvation if the number of trucks does not increase significantly. It is essential that peace be given a chance to succeed. It is essential that the humanitarian aid and assistance that are needed are allowed to enter Gaza. The Government in Ireland will do everything in our power to ensure we support both of these objectives.

Duncan Smith (Dublin Fingal East, Labour)
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Pre-legislative scrutiny ended on 31 July and a report was delivered. On 2 October in this Chamber, the previous Minister for foreign affairs said it was his expectation that the Bill would be before the Dáil by the end of November. Today is the last sitting day of November, so that is obviously not happening. Between 2 October and now, what has happened and what has changed?

The Minister said in her initial contribution that there remained legal uncertainty. What work is the Attorney General doing to unravel that legal uncertainty? Has the Minister set a deadline for when she wishes to receive legal certainty on services? We believe there is legal certainty, and this was well-aired and demonstrated during the pre-legislative scrutiny stage. This feels as if it is being delayed unduly.

On the economic impact side, we are awaiting a report from the Department of foreign affairs. Has the Minister set a deadline for when that report will be delivered to her? What pressure is she putting on the Department of foreign affairs in that regard?

Donnchadh Ó Laoghaire (Cork South-Central, Sinn Fein)
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The occupied territories Bill still matters. It has always mattered. It mattered long before the last two and half - almost three - years of slaughter in Gaza. It was all the more important during that period. It is important that every state that wants to stand against a genocide uses whatever leverage it can. It mattered before that and it still matters because my position and that of the Irish Government and many other people is that we want to see a sustainable two-state solution. The Israeli Government is continuing its actions, even now, against the backdrop of a ceasefire. It is difficult to call it a "ceasefire" when hundreds of people have been killed by Israeli forces in the period. We have seen attacks on people by settlers. We have incursions and continued undermining of the two-state solution. It cannot be that we freeze here with the ceasefire, insofar as it is a ceasefire, and leave it at that. Clearly, we need to see pressure put on Israel to ensure that the two-state solution is made sustainable.

Helen McEntee (Meath East, Fine Gael)
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The Government's position has been clear that our overall objective is a two-state solution. We have been working towards that for some time and not just in recent years. It has always been our goal and objective. That is why we recognised the State of Palestine. It is why we are doing everything to ensure that this peace is lasting. It is why we will be hosting a global alliance summit in January, bringing together Heads of State to show how we have, on our own island, progressed a peaceful resolution to what was a long-lasting conflict. We want to do everything in our power to ensure the territorial integrity of Palestine is upheld. That will be our continued goal and objective.

In terms of the legislation itself, I, as Minister, have in the past week given a clear commitment that we will fulfil our commitments in the programme for Government. Deputies will appreciate that I have only been in the Department for a week. I am looking for the advice of the Attorney General on services. We have always been clear that enacting the legislation in terms of services is more complex. I await the advice of the Attorney General. I have not received the draft Bill but anticipate I will receive it soon. I expect the work that is being carried out on the impact assessment to be ready soon.

The Deputies will appreciate that I have only been in the Department for a week. I want to ensure that I have all of the information available to me to be able to progress this legislation. I will work with colleagues on all sides of the House. I am absolutely clear that as a country, we need to do everything in our power to bring what is a very fragile ceasefire to a more permanent ceasefire. We need to ensure that we continue to use whatever levers are available to us to hold people accountable. I acknowledge that, since the ceasefire, there have been killings of innocent civilians. That is why the measures against the EU-Israel agreement are firmly on the table. This issue was raised at the most recent meeting of the Foreign Affairs Council. I am pleased to say that it is still firmly on the agenda. Other colleagues and I made it clear that it needed to remain on the agenda because we cannot have a situation where the ceasefire is broken on either side. Deputies can be assured of my commitment to making sure that we make progress and continue to support the Palestinian people in what is an absolutely dire situation at the moment.

Duncan Smith (Dublin Fingal East, Labour)
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Notwithstanding the short time she has been in the job, this is the only new legislation that has come through the foreign affairs brief this year. It is not a small Bill. It has been well aired. The Minister spoke about it in the national media this year as a member of the Government. At this stage, the people of Ireland and Opposition TDs need more certainty in respect of timelines. It is not good enough for the Minister to say that the legal advice is going to come soon. We would like timelines for where it is going to happen. What are the issues in relation to the legal uncertainty?

The Minister mentioned last week that she may have to have discussions with American politicians. I would like more clarity on her plans in that regard. It feels as if this legislation is being delayed unduly, with a wall of silence at this point.

Donnchadh Ó Laoghaire (Cork South-Central, Sinn Fein)
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Following on from that, I think communication with any politicians in America or anywhere else must make clear exactly what this legislation does. It is squarely within the footprint of international law. It is targeting the occupied territories and nothing else.

I will make a couple of points on the legal side of things. I find this debate rather frustrating. We have been told there is legal uncertainty. It is difficult to understand how it was possible to ensure there was an effective ban on trade in goods and services in response to the situation in Ukraine. The fact that it originated at European level does not make a difference to how it is implemented at a domestic level. If it is initiated domestically, the functional way in which it is implemented is much the same. What legal obstacles did not exist in the other case that exist in this one? It is very hard to understand.

I made the point that the Minister was new in the brief. I hope a change of course can happen. It seems to me that the Government has been stuck between deciding to drop the Bill, slow-pedal it or water it down, and has decided to do all of the above, to date. It is hard to justify, given the way it has been articulated for so long, how it has taken so long to get to this point.

Helen McEntee (Meath East, Fine Gael)
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I do not think it is any secret that our colleagues in the United States of America do not support this legislation. It is no secret that many states have anti-boycott legislation and have been clear about how this would be enacted. I do not think we should ignore that. At the same time, Ireland has always done what is the right thing in terms of-----

Donnchadh Ó Laoghaire (Cork South-Central, Sinn Fein)
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We should be clear about what it is.

Helen McEntee (Meath East, Fine Gael)
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Ireland has always done what has been the right thing to do, including in recognising Palestine and encouraging other member states to do so. I am pleased that so many other member states have done that. We have provided financial assistance. We were one of the first member states to support the South African case. We have ensured that at every step of the way, we have done the right thing. We will consistently continue to do the right thing.

I intend to write to my colleague, the High Representative, the chair of the Foreign Affairs Council, in relation to humanitarian aid. Given the update I received this week, I am not happy that we are doing enough to ensure more aid is getting to those who need it the most. There is more we can do, and can continue to do, to ensure that those who need our help the most get it immediately and that our actions have an impact.

The Government has not been shy about saying that collective responses have a greater impact. We have been working with our European colleagues to ensure there is clearly an item on the table to remove preferential tariffs from Israel if it continues in the same vein. That needs to remain on the table. Ursula von der Leyen's most recent comments expressed that it was something that must remain on the table.

In terms of the legislation, there are certain things that still need to be completed. I assure Deputies that once I have the legal advice from the Attorney General and the results of the work being done to look at the overall regulatory impact assessment, and once I assess that and the huge body work that was done by the committee - I acknowledge that, and my colleagues who put considerable work into pre-legislative scrutiny - we will be able to work collectively to bring forward legislation and ensure that our overall commitment to support Palestine and a two-state solution, and to bring about a lasting solution, can be front and centre in what we do here.