Alice-Mary Higgins (Independent) | Oireachtas source

I will address some of the concerns raised by Senator Richmond. The definition of "international tribunal" is that used under the Fourth Geneva Convention. I know there was concern as to what the definition might be. We are very safe in that all this language is taken from the Fourth Geneva Convention and its precedent.

Section 3(1)(d) relates to the capacity of the Minister. It is interesting that the Senator mentioned Ukraine as there is a precedent involving the European Union, including Ireland, taking quite serious actions - far beyond the scope of this Bill - in respect of Crimea. Section 4 sets out lengthy regulations relating to how the capacity in section 3(1)(d) would be determined. There is no danger of ministerial abuse as the Minister would have to go through both Houses of the Oireachtas to get their approval. It certainly would not be a matter of a Minister having sole discretion. However, I imagine that if further safeguards are to be sought, this could be considered on Report Stage with amendments to section 4. What is being sought is appropriate scope and leadership for the Government, and the section exists to allow both the Government and the Houses of the Oireachtas to respond in cases such as those outlined by the Senator.

The Bill is well thought through and we will have the opportunity to consider European Union and trade law later. The preponderance of eminent Irish and international legal opinion is very clear that this is within European law. We are talking about global experts who have not only been cited by our Supreme Court but the International Court of Justice. This is not solely about one area or even the concerns people may have around illegal occupation in Palestine. This is about international law in the widest sense. For example, West Papua may well have a case taken to the International Court of Justice in future. It is being spoken about. This is more about Ireland's commitment to international law, as well as any perspective we may have on a conflict. It is something we have always tried to stand up for. It is important to keep that wider perspective.