Frances Black (Independent)
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We are on the brink of a full-scale war in Israel and Palestine, with Israel bombing Gaza and Hamas firing rockets. The only way to stop this horrific spiral of violence and displacement is to end Israel's illegal occupation of Palestine and its violent oppression of the Palestinian people. The Government should sanction Israel for breaching international law and committing crimes against humanity by way of passage of the Control of Economic Activity (Occupied Territories) Bill 2018.

Human Rights Watch, one of the most respected human rights organisations in the world, and B'Tselem, another respected Israeli human rights organisations, both recently concluded that Israel is committing crimes against humanity, against the Palestinian people. The only way to stop this horrific cycle of Israel's violent displacement of Palestinians from their homes, the daily punishment of innocent families and Israel bombing Gaza is to make the economic cost of this conflict too high to bear. Ireland was at the forefront of the campaign that ended apartheid in South Africa and we can end Israeli apartheid.

Condemnation is not enough. It can be ignored. It is only when there are consequences for Israel that it will end the discrimination and oppression. Most EU states, including Ireland, are rightly calling for an immediate de-escalation of hostilities to save lives, but calls for de-escalation without any meaningful plan for what comes next is gaslighting. Western leaders can call for de-escalation, but when the fighting stops, what happens next? Everything goes back to normal, but normal just means institutionalised discrimination and apartheid, with widespread injustice across the West Bank, Jerusalem and Gaza. Those same Western leaders will accept this return to normal and move on to the next issue, refusing to take any real action or ensure accountability.

Breaking the cycle of violence requires de-escalation, but it also requires political will and action from the international community. Let us not gaslight the many Palestinians and Israelis who want to see a just and lasting peace by calling for de-escalation today when the issue is in the news, but abdicating any responsibility tomorrow.The Palestinian people have been abandoned by the international community but Ireland can take a stand and progress the occupied territories Bill. The Government has said that it received legal advice from the Attorney General that EU trade agreements prevent Ireland from acting unilaterally on the issue. It also said Ireland could face many millions of euro in EU fines for introducing such a law. The Government’s contention that the Bill would contravene EU law has been challenged by Professor Takis Tridimas, a barrister and one of Europe’s top legal experts on EU law. Professor Tridimas wrote a legal opinion on the Bill, citing previous decisions upholding the right of a member state to unilaterally ban imports from a country. Ireland can unilaterally ban imports from the occupied territories under a provision that allows it to take decisions based on public policy. The Government’s position that we would be breaking EU law can be challenged at the European Court of Justice. We should make the case and then let the court decide. Sometimes laws are there to be changed and the dial is there to be moved. That can only be done by testing the law and that is what we should be doing here.

The Government regularly states that it and our diplomats speak up for the human rights of Palestinians at the EU and the UN Security Council. Will the Minister of State make a statement on what specific actions Ireland will now take at national, EU and UN levels in response to the extensive human rights violations and military assaults on civilian targets being conducted by the Israeli Government? Does the Minister of State accept that statements of condemnation have not been and are not sufficient? Does he acknowledge that a response based on international human rights must demonstrate seriousness about those human rights by following through with appropriate diplomatic and economic action, and what such actions will Ireland take and advocate for others to take?

Virtually every other tactic has been tried for decades to stop Israel's oppression of the Palestinian people. The occupied territories Bill may be the first step in bringing freedom to Palestine and peace to the region.

Colm Brophy (Dublin South West, Fine Gael)
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I acknowledge that the Minister, Deputy Coveney, cannot be here. I know he engaged with Senator Black on this yesterday at some length. I would like to restate the Government’s deep concern at the intensification of violence in Gaza, on the West Bank, and in Israel. Now is the time for de-escalation, as the Senator correctly points out, before further loss of life. We need to encourage all efforts to reach a ceasefire. These events are terrifying for both Palestinian and Israeli civilians. The number of child casualties is particularly shocking. The protection of all civilians is of paramount importance and it is an obligation under international humanitarian law.

Ireland has been vocal, as the Senator will acknowledge, in its condemnation of the escalating situation in the Middle East. Yesterday, the Minister, Deputy Coveney, addressed the UN Security Council, which met in emergency session. He called for the council to condemn the violence and that all parties must adhere to international humanitarian law and respect human rights. Adherence to international law is critical. The Minister has also spoken to his counterparts in the Middle East region to underline the need to protect civilians, bring an end to this violence and move towards political engagement. EU foreign ministers will meet tomorrow in an extraordinary session to discuss the issue.

The overall human rights situation in the occupied Palestinian territory remains a matter of serious concern. The protection and promotion of human rights is an integral part of Ireland’s foreign policy and we consistently seek to raise our concerns on human rights issues through the most appropriate and effective channels. Our active participation at the UN Human Rights Council is particularly important for us in that regard. Ireland is a consistent and strong supporter of interactive dialogues with the UN special rapporteur for human rights in the occupied Palestinian territory at the UN Human Rights Council and the UN General Assembly. At the most recent session of the UN Human Rights Council in March, Ireland made a statement under item 7 during the general debate, which restated our commitment to the principles of accountability and emphasised that Ireland will continue to speak out against unilateral actions which are in breach of international humanitarian law. Ireland regularly conveys our concerns on human rights issues to the Israeli authorities, both directly and through the EU. The Minister raised these concerns with the Israeli ambassador last week. We also provide financial support to Israeli and Palestinian NGOs working on human rights issues.In respect of the occupied territories Bill, I know from her contributions on the Government's position that the Senator is well aware that the Bill is not and will not be compatible with EU law and will not be implementable. This is the clear legal advice on the matter the Government has received from two Attorneys General. As a Government that is strongly committed to the observance of international law as a solution, if it is not legal it is not something we will take forward.

Ireland has consistently and strongly opposed settlements, and will continue to do so. Ireland is very clear on the illegality of Israel’s settlement policy, which can only be seen as a strategy to take possession of Palestinian lands and is fundamentally undermining the two-state solution and a future Palestinian state. The events of the past few days have not happened in isolation. They come after settlement expansion and threats of violence against Palestinians in particular. Ireland remains firmly committed to a negotiated two-state solution based on international law, the relevant UN Security Council resolutions and the agreed parameters. I thank the Senator for raising the issue.

Frances Black (Independent)
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I thank the Minister of State. I want to put on the record that I thank the Minister for calling me last night. I know he would have been here this morning if he could have been. I suppose the Minister of State has to understand my frustration. It is very difficult to watch what is happening in Gaza and see children and families being killed. Not only this but their homes are being destroyed. They are given 58 seconds to leave their homes. What kind of world are we living in? I acknowledge the Minister is very passionate on this issue. I understand where he is coming from. I ask the Government to be open to looking at the opinion of Professor Tridimas and those of Senator Michael McDowell and Professor James Crawford. They are all experts on this issue. I also ask that the Government publishes the advice of the Attorney General. It would be very beneficial for the people of the country to see what the Attorney General is saying so we can argue and debate it. This is my ask today. Let us see the advice of the Attorney General. I thank the Minister of State for coming to the House.

Colm Brophy (Dublin South West, Fine Gael)
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I thank the Senator very much. I agree that it is incredibly difficult to see the pictures and the absolute horror of what is taking place, and see people who are effectively trapped in Gaza coming under the most sustained very sophisticated military weaponry with absolutely nowhere to go. We all take on board the horror of what we have seen and, obviously, the impact in Israel of rockets coming in in an uncontrolled way and landing on civilian populations there. What is happening in Gaza, particularly to children, is something that is absolutely awful.

With regard to the occupied territories Bill, as I said in my opening contribution, we are guided by the advice of two Attorneys General. I fully empathise and understand where the Senator is coming from on this and the need and want for people to see something, and the concern they have about the settlements. It is very important, as the Minister has said very clearly, that we want to engage with all of the partners, particularly with our EU partners. We want to act collectively to bring about the solution, as I mentioned, that is desired by everybody, which in this immediate case is a cessation of the current violence. The best way for us to do this is to adhere to law. If we have the advice from two Attorneys General that we cannot progress, I do not think we, in setting out on a course of action, should do something we are told as a Government is not legal and, therefore, we cannot do. Obviously we want to work towards a solution. I thank the Senator very much for the opportunity she has provided by raising this today.

Sharon Keogan (Independent)
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I thank Senator Black for continuing her work with the people of Israel. I thank the Minister of State and I will use one of his lines. Some injustices can be corrected for the world to see. I hope he does all he can.