Lynn Ruane (Independent) | Oireachtas source

As my time is brief, I will get straight to the point. In terms of the subject matter we are debating here, we should point out that we actually have a remarkable level of consensus in this Chamber. There is a broad consensus that the Israeli settlements in the West Bank are illegal. In the words of the Tánaiste, Deputy Coveney, from our January debate: “The relentless expansion of Israeli settlements on Palestinian territory is unjust, provocative, and undermines the credibility of Israel’s commitment to a peaceful solution to a conflict to which we all want an end.”

There is also a broad consensus that Ireland should act to intervene and, indeed, considering our own historical experience, that we have a moral obligation to do so. We now have a majority supporting the withdrawal of economic support from goods and services originating in occupied territories as the means by which we vindicate our commitments under international law.

If we have consensus on the principles behind the Bill, the aims of the Bill and the means by which to achieve those aims, it is important to note and consider that. It seems, therefore, the main point of contention left is the compatibility of the Bill with our trade policies and the EU Single Market. The Government contends that trade is an exclusive EU competence and member states have no latitude to act unilaterally. We contend that the public policy exemption in Article 36 of the Treaty on the Functioning of the European Union makes this Bill legal, as this Bill is justifiable on public morality grounds, a view supported by several eminent legal scholars. The Government counterclaims this exemption has been interpreted narrowly by the European Court of Justice and that this Bill would not stand. In response, I would personally be proud to see Ireland move to becoming a leader on using trade policy as tool to defend morality and human rights within the Single Market. That is what this Bill could represent.

The Minister said that Ireland cannot go it alone on this issue and that we need an EU-wide effort. This Bill, in fact, could be what jump-starts that EU-wide effort. We may be the first to use the public policy exception to stand up for the rights of the people of Palestine but I can guarantee we would not be the last as we would be setting an example, and one that could be followed. At a time when Ireland too often hits the headlines for falling foul of EU law and initiatives in negative terms, whether that be failing climate change targets or illegal state aid in the Apple tax case, this is our chance to push the boat out and lead Europe in standing up for occupied territories, the people of Palestine and international human rights law. Why should we only look to push EU legal boundaries in support of corporations and tax avoidance and not the rights of oppressed people in desperate need of our support and solidarity? Today, we can set an example and blaze a trail that other EU states can follow, where Ireland took an intimidating but bold first step. I hope that is something the Tánaiste will consider as the Bill moves further through the Houses of the Oireachtas.