Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I thank Senators Black and Boylan for the amendments. Again, I am worried that the inclusion of the amendments would limit the effectiveness of the Bill rather than do what we all want to do, which is to stop dual-use items going to occupied territories.

As the Senators are aware, an authorisation is required to export dual-use items. They are listed in annex 1 of the dual-use regulation to a third country. An authorisation is required for transfers of military equipment within the EU as well as for export to a third country. As part of the assessment of applications for authorisations, a number of factors are taken into account, including the type of item; what it is designed for; whether it has purely defence applications; the stated end of use; the end user; and the ultimate destination.

The EU common position defining common rules governing control of exports of military technology and equipment sets out eight criteria for assessing an application for an authorisation, including respect for human rights in the country of final destination as well as respect by that country of international humanitarian law; the internal situation in the country of final destination, as a function of the existence of tensions or armed conflicts; whether sanctions or embargoes apply; and whether there is a diversion risk, among other things. Furthermore, Article 207 of the Treaty on the Functioning of the European Union provides that trade with third countries falls within the common commercial policy of the EU.

Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 sets up an EU regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items. In this Bill, Ireland is seeking to give full effect to that regulation. The EU Legislature, the European Parliament, did not seek to introduce measures relating to the export of dual-use or military goods to occupied territories. Unfortunately, I cannot go beyond what is in the regulation but in the context of the criteria and the aim here, we will work with officials in that regard.

Trade with third countries is an EU competence so I am very constrained in what I can do in the Bill. I do not see today as an end game in terms of how we progress the Bill. I acknowledge the Bill and the work done by Senators Black and Boylan in particular on the occupied territories in Palestine. I do not think I can do anything in regard to the amendment but as we go forward, I want to reflect the views of the Oireachtas that have already been agreed. While I cannot accept the amendment, I want to try to reach a position where we can reflect the concerns of the Oireachtas.