Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

I certainly hope so.

I thank the Acting Chairman, Senators and, in particular, the guests seated in the Visitors Gallery for being here for this debate. I thank the House giving me for the opportunity to speak about this important subject which means a lot to me. We began debating the Bill in January. I appreciate that the action of Senator Frances Black and other Senators, in facilitating a six-month adjournment, was helpful. As the Seanad will conclude its debate today, I am happy that time has been made available for statements on the situation in Palestine which allows us to further discuss the issues at play.

The Middle East peace process has been a priority for me, personally, since I took up the role of Minister for Foreign Affairs and Trade. In fact, it is true to say that after Brexit and other EU-related matters, the Middle East peace process has taken up more of my time than anything else. I have visited the region three times. I have visited Egypt, Jordan and Cyprus. I have visited Ramallah and Jerusalem three times and Tel Aviv twice. I will continue to visit the region and try to do everything I can to ensure Ireland can influence the political debate and the decisions being made to alleviate the tragedy and injustice that is continuing. I believe Ireland can play a positive role in the Middle East peace process in working towards an agreed solution to the conflict, with people in the two states involved, Israel and Palestine, living side by side in peace and prosperity. I am convinced that this is the outcome that is in the best interests of both the Israeli and Palestinian peoples, with whom Ireland enjoys a long-standing relationship with and friendship.

Last January I made it clear that I fully respected the motives and intentions of the proponents and supporters of the Bill. I reject and have publicly opposed attempts made in other jurisdictions to demonise people who sincerely support this political approach and will continue to do so. Sadly, what has happened in the intervening months has only increased the sense of frustration many feel about the Middle East peace conflict. The sense of helplessness and deep sense of injustice that so many Irish people hold about the plight of Palestinians have intensified in recent months and for good reason. The unacceptable shooting of demonstrators in Gaza and the attempted demolition this very week of the homes of vulnerable Palestinian Bedouin have led to a strong feeling we must do more from an Irish perspective. It is a feeling I share.

I agree that settlements are at the heart of the conflict and should be a particular focus for action. However, speaking on behalf of the Government, I am unable to agree that the Bill is the right way forward. I wish to set out carefully for the Seanad why I believe this is so. There are three broad reasons: legal; political and the practical effects. The overriding point that frames the Government's view is that the Bill asks the State to do something that is not within our power. Ireland is part of a single unified EU market. External trade policy - third countries trading into the European Union - as well as trade between EU member states, is an exclusive competence of the European Union. We are not in a position to raise a barrier and declare that goods legally available elsewhere in the European Union cannot be brought into Ireland for sale.

There are other legal difficulties with the Bill, but I shall leave them aside for now. The following is the essential point and it does not just concern how the legislation has been framed or drafted but also the very ability of Ireland to enact such legislation within EU rules. Passage of the Bill, therefore, would be in breach of European law and expose Ireland to potential legal action by the European Commission or affected individuals and, potentially, fines and damages that could continue as long as the Bill remained in force. This is not a course any Government could support. Successive Irish Governments and Ministers for Foreign Affairs and Trade, across the political spectrum - I remind Fianna Fáil of that fact - have taken the same view while in office. I have obtained the formal advice of the Attorney General on this matter. It confirms the view taken by successive Governments that measures of the nature proposed in the Bill would be contrary to EU law, by which Ireland is bound. I have a letter from the Attorney General that contains 52 paragraphs which explain in detail why that is the case.

Senator Frances Black and others have relied on legal opinions, which I accept. I realise this is not a Bill that has been put forward lightly. We spoke about this aspect for up to two hours as late as yesterday. The legal opinions argue that a national ban is possible under EU law by invoking certain exceptions. The central legal issue is whether the Bill would be permitted under a particular exception allowed for in EU law for national action on trade restrictions, specifically the public policy exception. I am advised that the European Court of Justice has shown in previous cases that it will not allow this term to be interpreted as broadly as is being suggested by supporters of the Bill and that, consequently, this exception cannot be relied on to defend the Bill. For all of these reasons, the Government remains clear that a ban on settlement products could only be adopted successfully at EU level. Of course, we will give full and due consideration to any proposal brought forward at EU level. In fact, Ireland contributes actively to that debate.

The political effects of the Bill are also a key consideration, perhaps the most important. Ireland is a small state located far from the region, but it has a strong voice and greater influence in dealing with Middle East issues generally at UN and, in particular, EU level than its size alone would justify. That is where we are able to be of most help to the Palestinian people - indeed, both peoples - in achieving peace.We have achieved this influence by the consistent application and focus of Governments, Ministers and the Oireachtas over a long period, with the support of the Irish people. However it is, and has always been, a matter for careful and sober judgement. If we get too far out in front of the consensus, then perhaps we cease to shape it. If we allow ourselves to be discounted in the calculations that other states make about where the centre of gravity on an issue lies, then perhaps we cease to shape that centre of gravity.

I am in no doubt, from my experience of discussions on this issue at EU level, that a unilateral move by Ireland on this matter would weaken our ability to influence overall EU policy, not strengthen it. In the current climate there are several EU governments that are much less supportive of the Palestinian cause than we are in Ireland. We spend a great deal of effort in Brussels, New York and Geneva arguing for a common EU policy on the Middle East. A position on which the EU can agree may fall short of our highest ambitions but it also ensures that important norms around the final status issues and the two-state solution continue to have a powerful and united global advocate.