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Committee on Defence and National Security: General Scheme of the Defence (Amendment) Bill 2025: Discussion (Resumed) (1 Jul 2025)

Alice-Mary Higgins: I want to go to Ms O'Brien. It did change somewhat in 2021.

Committee on Defence and National Security: General Scheme of the Defence (Amendment) Bill 2025: Discussion (Resumed) (1 Jul 2025)

Alice-Mary Higgins: A core question was about strengthening international security. What is that if it is not peacekeeping or peace enforcement?

Committee on Defence and National Security: General Scheme of the Defence (Amendment) Bill 2025: Discussion (Resumed) (1 Jul 2025)

Alice-Mary Higgins: But as a separate function, separate from peacekeeping.

Committee on Defence and National Security: General Scheme of the Defence (Amendment) Bill 2025: Discussion (Resumed) (1 Jul 2025)

Alice-Mary Higgins: It is provided for separately from peacekeeping in the legislation.

Committee on Defence and National Security: General Scheme of the Defence (Amendment) Bill 2025: Discussion (Resumed) (1 Jul 2025)

Alice-Mary Higgins: Apologies. I would be happy if there is any written piece or anything on that because it is a core question.

Committee on Defence and National Security: General Scheme of the Defence (Amendment) Bill 2025: Discussion (Resumed) (1 Jul 2025)

Alice-Mary Higgins: In the legislation, it mentions strengthening international security as a purpose for deployment separately from peacekeeping or peace enforcement and the eight or extended list of exemptions. What does that cover that was not covered by peacekeeping or peace enforcement?

Committee on Defence and National Security: General Scheme of the Defence (Amendment) Bill 2025: Discussion (Resumed) (1 Jul 2025)

Alice-Mary Higgins: Or what it does not cover.

Committee on Defence and National Security: General Scheme of the Defence (Amendment) Bill 2025: Discussion (Resumed) (1 Jul 2025)

Alice-Mary Higgins: My very last point-----

Committee on Defence and National Security: General Scheme of the Defence (Amendment) Bill 2025: Discussion (Resumed) (1 Jul 2025)

Alice-Mary Higgins: Impartiality was mentioned. Does it include, for example, conflicts on the basis of interests, including the security of interests?

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: Public policy as a principle in terms of the operation of the EU is in the treaties. It is set out in the same language.

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: Going to the case law, the suggestion is that we might face a case if we were to try to include services. There is a case on the prohibition externally of trade in goods and services. This is the Rosneft case. It is a European Court of Justice case on restrictions on trade in goods and services connected to Russian breaches of international law in Ukraine. In this case, the court found...

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: Services.

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: The relevant Union legal Act is downstream. It is just a matter of whether there are regulations on how the EU might apply it. In terms of the right of a state to act, the public policy is the ground. That is the slim legal ground on which the Department is leaning on, is it not? It is the public policy principle.

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: The public policy principle, which has been found to apply to goods and services by the European Court of Justice, is the same principle the Department is planning to lean on in this legislation. Is this not the case?

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: There is the treaty, the European Court of Justice precedent, and the question of whether there is already a regulation for how we might apply it. With regard to the legal principle, which is the core, it has been shown by the European Court of Justice that the public policy principle applies in relation to goods and services. Is this not the case?

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: The Rosneft case.

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: The key point is the public policy principle and what it applies to. Mr. Smyth is aware of Professor Tridimas and anarchists who have been very clear that public policy provides a derogation not only from the free movement of goods, but also from the freedom to provide services. They take the view that the prohibition on settlement services is justified by reasons of public policy. Do...

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: In the context of what those professors said, is there a reason there is not a case, if this were to be tested, as Mr. Smyth said, and perhaps challenged?

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