Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I thank Senator Flynn for her engagement on the Bill and also thank Senators Black and Ruane for their engagement with my officials after last week's Committee Stage.

The export of dual-use and military goods to all third countries - I emphasise "all" - including occupied territories, are currently and will continue to be automatically subject to control and licensing requirements. When assessing an application for an export authorisation, my Department has regard to a range of factors, including the nature of the item to be exported and its design purpose, the intended end use and the intended end user - I emphasise both phrases - and the political and human rights situation in 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, and including 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.

The Attorney General has consistently advised that trade is an EU competence and that any unilateral action by Ireland as regards the relevant occupied territories will be contrary to EU law. Article 3 of the Treaty on the Functioning of the European Union provides that the Union shall have exclusive competence in the common commercial policy. 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 and, therefore, it is an area in which the EU has exclusive competence. Unilateral action by a member state in the area of exclusive EU competence would be a violation of a member state's obligations under the Treaty on the Functioning of the European Union and would be an actionable wrong which could be litigated by the European Commission before the European Court of Justice.

For those reasons and as my hands are tied legally, I cannot accept these amendments.