Alice-Mary Higgins (Independent) | Oireachtas source

I strongly support the Bill, of which I am very proud to be a co-signer. I will address a couple of issues that have arisen.

Members referred to the analogy of apartheid in South Africa. In that instance the boycott was led by the demand made by the people. The State then took an important action. I looked back at some of the debates that took place at the time and the arguments made were remarkably similar. They were based on our membership of the European economic area and concerns about inadvertent consequences in the areas of commerce and business. The language used was very similar.

Trade is an issue in which I have a strong interest and a record of examining. Let us be clear - the Bill would not impact on international trade law. Eminent opinions have been cited by my colleague Senator Frances Black. World Trade Organization rules apply only to recognised territories. They do not apply to unrecognised territories. Signed EU free trade agreements are very clear - they explicitly exclude goods from settlements. The European Union is clear that it does not have a free trade agreement that encompasses goods from occupied territories. Article 36 of the Treaty on the Functioning of the European Union, a core document, is clear - there are exceptions to the collective rules of trade that can be justified on the grounds of public morality, public policy, public security and the protection of health and human life. I do not believe anybody would argue that the situation we have seen unfolding and that has been documented by so many bodies is not dangerous. Action is needed to protect the health and lives of humans, as well as in looking at issues such as public morality and public policy. In that regard, we know that there is a precedent and that Ireland would not be on its own. Germany has exercised the right to provide for exceptions under Article 36. It is standard practice; it is in place for a reason and to be used. I cannot think of a better use for it.

The Minister spoke about not wanting to take a different position from others in Europe or elsewhere in the world. We would be taking the same position taken by the United Nations and many in Europe. We would, however, be taking it seriously and stand by it. That is what is important. If we are passionate and serious about multilateralism, we must let it be our guide. This is not about Ireland being a voice in the wilderness but about it being a voice against the idea that we must bow to big powers. Yes, we must work with others and diplomacy and conversation are crucial. Everybody wants to see Ireland using its soft power through diplomacy, but part of using it is being willing to recognise that it means taking international law seriously. It also means taking appropriate diplomatic measures such as this and recognising that we do not have to wait for Washington to be on board. We will be waiting quite a while for that to happen. We need to have as our guide the United Nations Human Rights Council, UNHRC, which Washington has, unfortunately, chosen to leave. In the legal opinions cited by Senator Frances Black the UNHRC was very clear on our responsibilities. Ireland needs to be serious about this issue. If we want to be taken seriously in the context of the United Nations Security Council, Ireland needs to show that it takes UN rules, mandates and international law very seriously.

This is a thoughtful Bill. It would set as the bar the International Court of Justice, which is the highest arbiter of international law. There are other countries such as West Papua that have sought to be recognised as occupied territories. This Bill might have implications for them in the future also.