Frances Black (Independent) | Oireachtas source

Ireland has the opportunity to take a lead on this and to make a clear, principled case, grounded in international law, that other states will follow. We are not looking to go it alone, but to lead. This is not a radical demand. We are simply asking for consistency in our foreign policy and a disassociation from clear violations of international law.

The Bill will not end trade in Israeli produce, only goods produced in the settlements beyond its borders - this is not a case of boycott, divestment and sanctions, BDS - that have been long condemned by Ireland and its EU partners as illegal. This distinction is important. I have listened to the argument that, as an EU member state, we cannot change trade policy unilaterally, but I strongly disagree. The legal basis of the Bill is outlined in great detail in the legal opinions I have shared with colleagues across the House. They are written by Mr. Michael Lynn, senior counsel, and Judge James Crawford, professor of international law at the University of Cambridge and a sitting judge at the International Court of Justice. The Government may disagree, but these are some of the most eminent and authoritative legal scholars in Ireland and the world. Their input carries weight. I also thank Senator McDowell, a former Attorney General, for offering his legal support to the Bill. It meant so much.

The fundamental argument offered by Judge Crawford and others is clear, in that Ireland is entitled under Article 36 of the treaties to end its support for what the EU itself says are violations of international law. Our capacity to take this measure rests precisely on the overwhelming consensus that the settlements are illegal. Article 36 can be read narrowly, but cases like this are exactly why it exists: for limited, proportional restrictions on trade justified on the basis of our other obligations, such as upholding and respecting international humanitarian law and human rights.

I disagree on concerns over enforcement. Under the Public Health (Alcohol) Bill 2015, for example, bottles will only be imported and sold into Ireland from other EU states if they display Government-mandated health warnings. This is another modest and proportional restriction that does not require extensive customs checks, only simple instructions that our supermarkets and businesses can follow. The same applies in this instance.

As I am limited on time-----