Frances Black (Independent) | Oireachtas source

I move amendment No. 5:

In page 11, between lines 5 and 6, to insert the following: “ “relevant occupied territory” means a territory which is occupied within the meaning of the Fourth Geneva Convention, and which has been—

(a) confirmed as such in a decision or advisory opinion of the International Court of Justice,

(b) confirmed as such in a decision of the International Criminal Court,

(c) confirmed as such in a decision of an international tribunal, or

(d) recognised as such by a resolution of both Houses of the Oireachtas;”.

This grouping of amendments relates to the export of weapons to the Occupied Territories, a subject the Minister of State understands is very close to my heart. As the Minister of State will be aware, the issue of our trading relationship with the Occupied Territories has long been of interest to me. This set of amendments seeks to address an important issue within our legal framework for weapons export controls by ensuring that weapons or dual-use items leaving Ireland do not end up in the Occupied Territories.

Amendment No. 5 inserts a definition of "relevant occupied territory" into the interpretation section of the Bill. It closely mirrors the definition used in my own Control of Economic Activity (Occupied Territories) Bill, which is itself based on the definition within the Fourth Geneva Convention. The one small difference in paragraph (d) allows for a relevant occupied territory to be recognised as such by resolution of both Houses of the Oireachtas rather than by ministerial designation. The reason for this change is that the ministerial designation provision was based upon the premise of the Minister creating regulations under section 4 of the Control of Economic Activity (Occupied Territories) Bill, which obviously does not apply here. That is the only reason for the change.

Amendment No. 9 inserts a new section 20 in the Bill that would provide that authorisation shall not be granted to a person or organisation to transit a dual-use item through or from the State where such an item is destined for a relevant occupied territory or where there is a significant likelihood that the item may be transported to a relevant occupied territory. It also makes clear that an attempt to do so is an offence under this Bill and the provision applies to both the Defence Forces and An Garda Síochána.

Amendment No. 12 inserts a new section 29 in the Bill that would provide that authorisation shall not be granted to a person or organisation to transit a military item through or from the State where such an item is destined for a relevant occupied territory or where there is a significant likelihood that the item may be transported to a relevant occupied territory. It also makes clear that attempting to do so is an offence under the Bill and the prohibition applies to both the Defence Forces and An Garda Síochána.

Amendment No. 15 amends section 29(6) by providing that the Minister shall not grant authorisation for a military item or a dual-use item where it is destined for or has a significant likelihood of ending up in an occupied territory. In tabling these amendments, we are trying to make sure that our laws ensure that weapons or dual-use items are not exported or transited through Ireland to an occupied territory. It is breaking international law. We have to face that. All of us in this House see on an almost daily basis the violence in occupied territories around the world, including occupied Palestinian territory, Ukraine and western Sahara. As a neutral country, Ireland needs to ensure that we are the voices of that de-escalation about which we heard the Tánaiste speak today, international law because we do not want to break international law and human rights and that weapons and dual-use items leaving this country are not being used against people who are the subject of occupation. This is key here. We have to be mindful of it. I urge the Minister to accept these amendments as they would ensure that the Bill protects people and our application of it is not just concerned with whether we are meeting obligations under the EU directive but rather it is legislation that ensures we are not inadvertently enabling violence towards occupied peoples and escalation of military conflicts.I hope that going forward we can work with the Minister of State on this issue. I would really appreciate that.