Frances Black (Independent) | Oireachtas source

That is grand, a Leas-Chathaoirligh. Go raibh maith agat.

I thank the Minister for being here today, and I will speak to section 2. The intention of this Private Members' Bill is to prevent Ireland from being actively complicit in Israel's ongoing genocide in Palestine. It is not a claim we make lightly.The International Court of Justice warned us 14 months ago that Israel was plausibly committing the crime of genocide in Gaza. Ever since that ruling, Ireland, as a signatory of the Genocide Convention, has been legally required under international law to prevent and punish genocide and to refrain from aiding or assisting in its commission. Since the ruling was handed down in January 2024, the situation, as we have all said today, has worsened to a degree that we scarcely could have imagined. The ruling came in the third month of Israel's military onslaught on a densely populated territory less than half the size of County Dublin. The death toll, the criminal tactics used by Israeli military, the constant forced displacement of a civilian population and the bombing of hospitals and children living in tents have changed the context beyond any recognised form. There could not be more pressure on us to act decisively and to do so now.

I will give a few facts I heard today. The Israeli army continues its genocide in Gaza and has committed a new massacre in Gaza this afternoon. It conducted an airstrike on the UNRWA clinic in Jabalia in which 22 innocent civilians, including ten children, were murdered. That occurred this afternoon. The people of Gaza are starving today due to the complete Israeli siege of Gaza for the past 32 days. I am talking now about today. Tens of thousands of Palestinian civilians have been displaced again, some for the tenth time since Israel started its war on Gaza. It is outrageous. In the West Bank, the Israeli army continued its military attacks in most areas. This week in the West Bank, 300 armed terrorist Israeli settlers attacked the Palestinian village of Duma in the Nablus area. They burned three cars, destroyed two farms and shot three civilians with live ammunition, including a child. The Israeli army did nothing to arrest or stop the illegal settlers. We cannot guarantee that the technology used to target the most vulnerable civilian infrastructure - hospitals and schools - did not pass through Irish airspace or airports. This underscores the necessity of this legislation.

We introduced this Bill last May. I am deeply disheartened that almost a year has passed since. This equates to hundreds of nights of terror for the people Gaza. It means another year has passed and Ireland remains uncertain about its level of complicity. That is something we have to highlight today.

This Bill is offered as part of the suite of measures required to align Irish law with its obligations under international law, specifically the 1948 Genocide Convention. Under Irish law, it is a criminal offence for munitions of war to be carried on an aircraft in our sovereign airspace. However, under section 5 of the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973, the Minister for Transport has the power to grant exemptions from this vital legal prohibition and the criminal offence attached to it. Essentially, the Minister has discretion to waive his or her responsibility to ensure the law is being followed on places in Irish airspace. Section 2 of our Bill would make an important change to this provision. Under this section, the Minister would be prevented from granting exemptions on three grounds, namely, if the aircraft weapons carried weapons or dual-use items with military capabilities and were destined for Israel; if it carried such armaments with a risk of being deployed by the state of Israel; and if it was destined for or arriving from another country that has active arms exports to Israel. Under such circumstances, the Minister’s discretion to waive the legal requirement for such weapons entering Irish airspace would be removed. As a result, the legal requirement to enforce the law and seek criminal penalties for those found to violate its provisions would be absolute and guaranteed. Where there is a risk that such munitions could be used to further commit the highest crime under international law, that of genocide and the destruction of the Palestinian people, there can be no discretion. Section 2 is a vital part of this Bill and the bare minimum required to ensure that Ireland meets its obligations under the Genocide Convention.

We stand on the brink of our humanity and we must halt all arms traffic to Irish airspace immediately. We must never facilitate the transfer of weapons that seek to ethically cleanse the people of Palestine. Our survival is intertwined with each other and the choices we make. Every action we take is a step towards freedom for the Palestinian people and each action is vital. It deeply troubles me that our country is involved in the transfer of arms, knowing that these weapons, missiles and bombs will harm innocent people. Failing to do everything within our power to prevent this is the anthesis of leadership and a betrayal of our collective humanity.

This is not the Civil Engagement Group telling the Minister that he needs to do this; it is the entire system of international law, the universal application of human rights and our common and shared humanity. Section 2 must form part of the Bill. It is important that the Minister accepts it to ensure Ireland complies with the Genocide Convention. I commend the section to the House and ask all colleagues for their support.