Seán Kyne (Fine Gael)
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The combined opening speeches of the proposer and seconder shall not exceed 16 minutes; all other Senators have six minutes; the Minister has 15 minutes; and the proposer has five minutes to reply.

I understand that Senators Higgins and Ruane are sharing their time. Is that agreed? Agreed.

Alice-Mary Higgins (Independent)
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I move: "That the Bill be now read a Second Time."

I welcome the Minister, Deputy Ryan, to the House. I am glad that he is here in person to engage with this topic. I thank all those who have given their support to the Bill, including the many civil society organisations throughout Ireland. I thank my colleagues in the Civil Engagement group. In particular, I highlight Sárán Fogarty who led the drafting of the Bill. Most important, I thank the thousands of members of the Irish public who have written to say they want and need to know that their Government is taking every action it can and that it feels as passionately and sincerely as they do about the injustices we are seeing unfold daily in Gaza.

Today as we discuss this legislation, Gaza has been described as hell on earth, somewhere with no safe place. On Monday, we saw, in direct defiance of an order from the International Court of Justice, the highest court we have on this shared planet, an attack again on the most vulnerable refugees in what was meant to be a safe place, with the bodies of children shredded. Based on reports that have come through, it seems that these may have been munitions of US origin that landed on Rafah. We cannot be fully sure that munitions such as those have not passed through Irish airspace on the way to their deadly mission. We cannot be sure that the kinds of rifles that have ended up in the hands of Israeli settlers, used to bully and intimidate in the West Bank, have not passed through Irish airspace. We cannot be sure that the technology used to target the most vulnerable, to target civilian infrastructure, and to target the hospitals and the schools did not pass through Irish airspace or Irish airports. That is why this legislation is necessary. The Bill is also necessary because there is an international obligation on us. We are party to the Genocide Convention, and the Genocide Convention is clear that under the provisional measures ordered by the International Court of Justice, all nations need to do what they can to prevent genocide and to prevent the individual acts that make up a genocide of a people. In this context Ireland can do more. It is deeply disappointing that the Bill is necessary. Ireland is a neutral country with a proud history of disarmament. We are chipping away at this but we need to reclaim it and I believe we can do so. We already have in regulations a prohibition on the transfer of weapons, munitions and dangerous goods. We are not like other countries trying to respond to the International Court of Justice, and we saw the Netherlands introduce new measures, or trying to respond to the United Nations Human Rights Council, which has directly called for an arms embargo on Israel at this time. We already have a tool in place that we do not use adequately. This is why the Bill is necessary. Under the existing legislation, the Minister has the discretion to grant exemptions. I am sure when it was originally drafted it was envisaged the exemptions would be rare, but exemptions have become the rule. Even though the regulations allow for inspections, they are not happening under this Government. There have been zero inspections since 2020 of planes, which we know, because they sought exemptions, are carrying weapons, munitions or dangerous goods, and more than 1,000 exemptions were granted in 2023 alone. That is 1,000 planes carrying weapons, munitions and dangerous goods - dangerous because they can kill. Let us remember, when we speak about weapons and munitions, this is what they do. It is what they are designed to do. It is their end goal, their aim and their purpose. A total of 1,000 planes that passed through Irish airspace or Irish airports were granted an exemption by the Irish Government and the Minister.

This legislation would ensure there are no more such exemptions on flights either bringing these dangerous goods and weapons directly to Israel or bringing them to or from the countries supplying arms to Israel. To be clear, the majority of exemptions have been given to the United States and Germany, which are the largest arms suppliers to Israel. Germany went from €32 million in arms exports to Israel in 2022 to a tenfold increase, with more than €300 million in arms sent to Israel during this brutal attack on Gaza. In such a context, it is unconscionable that we could be part of this arms supply chain.

I was deeply disappointed to see a proposal put forward today, and I hope it will not be pressed, for a six-month delay on this legislation. To be clear, six months is hundreds of nights of terror for the people of Gaza. It is six more months where Ireland does not know how complicit we might be. Let us talk a little bit about the fact that when the arms export Bill was going through the Houses, we called for a ban on the export of dangerous dual-use goods to Gaza but it was not accepted. Since then, there has been a sevenfold increase in the amount of these goods going there. This happens to map onto the year when Israel is waging its bloody assault on Gaza. It is seven times the amount of dual-use goods. They may have a civilian purpose or a military purpose, but when there is a sevenfold increase during a war, we have to say the military purpose looks very likely. They have been coming directly from Ireland.

We hear a lot of this kind of evasion when we speak about this issue. We have heard the flights are unarmed. We presume this means that much is made of the fact the weapons are unloaded while on the plane. The fact a weapon is unloaded while on a plane is beside the point. That weapon can be loaded and used again. The fact some of the dual-use goods are technology does not make them harmless because we know the Israeli forces are engaged in a war that makes great use of technology. They use it to target civilian infrastructure. They have used it to target entire apartment blocks. They have used it to target refugee camps. They use algorithms and AI. There have been reports about the extent to which technology has been used in the waging of these attacks. Yet all this technology somehow has not enabled Israel to avoid the killing of 14,000 children. Those 14,000 children who have already died are why this is emergency legislation. A six-month delay does not recognise that it is emergency legislation.

In a week where we could be proud, because the recognition of Palestine is a very important step - it is not symbolic; it is about building a future peace - I call on the Minister and my colleagues throughout the House not to have an eyes-wide-shut approach continue for another few months. Let us not have an evasion. Let us be clear; a six-month delay means this legislation will not happen because it will take us to the next election. Six months is an attempt to say we want to continue as we are and we will not take action. This implicates the Irish public, who do not wish to be implicated, in a brutal, unjustified and illegal breach of international law and in illegal deaths. To be clear, a six-month delay is an evasion. It is not what to do in an emergency. A six-month delay will not satisfy the Irish public in its need for solidarity with the Palestinian people and their desire to ensure we do not have blood on our hands, directly or indirectly.

Lynn Ruane (Independent)
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I second the motion. In our thousands and in our millions we are all Palestinian. I once read that humans are wired for interconnectedness and interdependence and not for conflict or killing each other. This is why the chant, in our thousands and in our millions we are all Palestinians, deeply resonates with me and what I believe is the essence of what it means to be human. Right now we have a brutal Zionist regime trying to destroy this very essence.

Some think the only thing we can know is what we can put into words. We know, without language, what is happening in Gaza. We know it on a whole different level. We know it in our beings and in our souls. We know it without words because verbal language can never capture this type of depravity. We can talk statistics, 2,000 lb bombs, limbless life and lifeless limbs, dying screams and crying children but words will fail us now. We know deep inside of us that we are witnessing the intent of a crazed Zionist regime seeking to obliterate the Palestinian people.

We do not exist authentically if we make choices that ignore the things we know. The Minister knows he should be carrying out inspections. He knows he should not be granting exemptions carte blanche. Every unchecked aircraft is as good as putting Ireland's signature or stamp of approval on a missile. What Israeli leaders are doing is not only about power or its abuse, it is a fierce, murderous rabid slaughter of a people and they are high on it. They are intoxicated on the blood of Gazans. We, the rest of the world, need to cut off their supply. The essence of consciousness is knowing, and we know. We know it in the open-air extermination; we know it in the headless baby on our screen; we know it in the blowing to smithereens of men, women and children; we know it in the cries of the grieving mothers; and we know it in the efforts of children carrying their dead siblings in cloths on their backs.We do not get to unknow this. I put it to the Minister, Deputy Ryan, that we know bombs and dual-use goods destined for Israel are coming through Ireland's airspace. If the Minister has power and only uses it to facilitate punishment of the Palestinian people and not for their liberation then he is using it wrong. Power should liberate. When power does not liberate it destroys and mutates into something so unrecognisable that we can barely believe it. The hearts of the Irish people want to create freedom and safety and the Minister has the power to contribute to the creation and preservation. What is the Minister doing with that power?

We are all Palestinians because we are all interconnected. The only thing we should fear is the continuation of Israel's actions because ultimately it affects all of our humanity. We must not fear repercussions in terms of US trade or foreign direct investment, or the threats or intimidation of a Zionist regime. Babies are the closest things to the origins of life. The Minister can and must do everything within his power to ensure that that which is closest to the origins of life is protected from weaponry that seeks to terminate it and that destroys generations to come - the ones who will now never come and the healing that may never follow. In every tribe, nationality and ethnic group we know and understand that when the elderly die it is okay because our babies will be born. When babies are born the thread of ourselves gets to continue. The Israel Defense Forces is trying to eradicate the thread of the Palestinians through the lives of their children.

The Minister will never have peace of mind if he does not do every single thing available to him to bring liberation to the Palestinian people. What action will we choose to take today? We are on the edge of our humanity and I ask the Minister not to bring us over the edge of what is bearable. End all passage of arms through Irish airspace today. Rumi wrote that it is through the wound that the light gets in. In Palestine, light and liberation will enter us all. We, today and every other day, must continue to point to that light. We must use our power to magnify that light. We must never play a role in the delivery or movement of weapons that aim to extinguish it. Our existence relies on one another and the actions we take. Every action is a thread and each thread weaves to create a blanket, a rug, a shroud. Each action is a thread. Boycott, protest, post, vocalise, legislate, bear witness, sanction, flag the flotilla, pass the occupied territories Bill and pass the embargoes Bill here today. Every action is another thread. For this country to be involved in the passage of arms offends me to my very core. Knowing that those arms, missiles and bombs will land on people and kill them and that we did not do every possible and imaginable thing to stop it is the opposite of leadership and the opposite of humanity in our thousands and millions.

Róisín Garvey (Green Party)
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I move amendment No. 1:

To delete all words after “That” and substitute the following:

- “Seanad Éireann resolves that the Air Navigation and Transport (Arms Embargo) Bill 2024 be read a second time on this day six months, to allow for a full examination of the legal and policy implications of its provisions to be undertaken.”

I thank the Minister for coming to the House. Everybody in this room appreciates the work of the Opposition and all the protest movements. I have been involved in the latter myself and started fundraising for Palestine more than 20 years ago. I want to be very clear that people in opposition do not care more than those in government. Sometimes it sounds like only the Opposition can care and that we on this side of the House do not care, have no morals and are not trying to do all we can. Every single week at parliamentary party meetings we discuss what more we can do. It was the Green Party and the Minister, Deputy Eamon Ryan, that proposed the €20 million extra for UNRWA to make clear to other countries that we needed to do more.

I welcome this Bill. I know that we are not above the law so we have to look at what we can do in the quickest time possible. No matter what we do with this Bill it will not end the war, unfortunately. We know there are arms coming from all over the world, including Germany. I was involved in the anti-war movement in Shannon and organised the very first protest against it, so this is deep. This goes back a long way for me and I trust in the Minister doing all he can, along with the Taoiseach and the Tánaiste. As a Government, we have been very clear and strong, stronger than any other country. We need to be careful that we are not disingenuous in the accusations we make at the Government that has been the strongest in Europe against what is happening in Palestine, which goes beyond the comprehension of any of us today. We are all equally horrified and we are all working as hard as possible to do all we can to end the absolutely insane and barbaric behaviour of Netanyahu and his army.

I will leave it at that. I thank the Senators for their work on this. I really want to thank civil society. As I said to the Tánaiste, I have not seen the likes of this since we had Live Aid back in the 1980s. It is phenomenal and we have to keep going.

Timmy Dooley (Fianna Fail)
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I welcome the opportunity to contribute to this debate. It is timely and appropriate that we address this and look at everything we possibly can do as a country to effect the change necessary to bring about a peaceful settlement in the Middle East between the State of Israel and what I believe should be the State of Palestine. Like everyone in this House, I absolutely concur that the actions taken by Israel in its right to defend itself as a result of what happened last October has been, without a doubt, phenomenally disproportionate. The actions can only be described as crimes of genocide and in my view will ultimately be decided in another forum as being war crimes and crimes against humanity. It is devastating for all of us. I am sure that right-minded individuals, regardless of where their loyalties lie or whether they are of Israeli origin or wherever, accept that the wanton slaughter of civilians - men, women and children - at the scale that it is going on here is without precedent in recent times. We should rightly admonish this at every possible opportunity.

I understand the motivation behind the legislation. We are often concerned at the potential for the misuse of our airspace. There are a couple of things that have to be taken into consideration. I second the amendment to the motion proposing a second reading of the Bill. The six months proposed in the amendment is an appropriate amount of time because the Bill seeks to shift a significant policy decision that existed for many years whereby those who use our airspace - in the main we are talking about the United States of America - are considered friendly states to us in diplomatic terms. To make a very significant shift by passing the Bill without going through the appropriate background diplomacy and looking at the impacts of the legislation would be to rush things. While I fully understand the motivation behind it, passing the Bill today to introduce a level of checks tomorrow would be a statement only. It would not stop what is going on at the moment. We previously had debates here about sending home the ambassador. I will have to check the record but I may on occasion have suggested that we send home the ambassador to Israel. I have reflected on the approach taken by the Government, particularly as led by the Tánaiste in his cautious approach to not reacting without consideration. With the actions of the Irish Government in recent months we have reached a point where we now recognise Palestine as a state and the Israeli Government has withdrawn its own ambassador. That is actually a stronger statement than it would have been if we asked her to leave a number of months ago.

I am a believer in the careful diplomatic work that needs to be done. I accept there are people who believe there are munitions coming through Irish airspace. One of the speakers said she knows that to be the case. I do not know that and I do not think it is widely known. If somebody believes they have information on it, then let us share that in a collegial way.If we have some hard evidence, we should look at the immediate response that has been talked about. As the Fianna Fáil spokesperson on transport, I am happy to work with Senators on the other side to try to reach a point at which we satisfy the needs of society and respond appropriately to any risk or threat from friendly nations. If there is evidence or information to suggest their actions are not genuine and they are finding a way around Irish legislation in a manner that requires the legislation to be updated, let us do so. We can do that if we feel there is a threat or risk, or if there has already been some level of subterfuge.

Joe O'Reilly (Fine Gael)
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I commend the Government on its recognition of the State of Palestine. Our recognition, along with that of Spain and Norway, has made a big international contribution to the possibility of further recognition, to creating momentum for a ceasefire and to allowing politics to fill the vacuum. It was a worthwhile, important and courageous step for our Government to take and it merits acknowledgement.

I welcome the introduction of this Bill, particularly in the light of the horrific events we have seen recently in Gaza, in Rafah specifically. The devastation and loss of innocent lives underscore the urgent need for concrete action. Within the past week, Rafah was yet again the scene of unspeakable violence and a reminder of the ongoing conflict that ravages Gaza. The killing of humanitarian aid workers in April further emphasised the brutal reality faced by those attempting to provide relief and support in these war-torn regions.

Our Government has commendably recognised these repeated Israeli actions for what they are. Truly, they are not merely tragic mistakes but are war crimes that merit collective punishment. Genocide is occurring. Nobody questions the wrongness of what happened on 7 October and that is not at issue. Ireland has a proud record of not having a remote trace of antisemitism. This is a different issue and I suspect that very many ordinary Israelis around the world would privately feel similarly. It is wrong.

This Bill stands as a testament to our commitment to human rights and international law. As my Government colleagues have said, we accept the bona fides of the Bill and the work that has gone into it. We accept that the Senators responsible for it are trying to do the right thing. The reality of the catastrophe in Gaza between 7 October 2023 and 30 April 2024 is harrowing. During that period, at least 34,568 Palestinians were killed and 77,765 were injured. When you roll figures like those off your tongue, you forget the human reality for each family and individual. Where children are involved, it is a horror. The scale of devastation is unimaginable, with more than 10,000 people estimated to be missing under the rubble in Gaza according to the Palestinian Civil Defence. The entire 2.2 million population of Gaza is now in urgent need of food, humanitarian assistance and protection. Like my colleague earlier, I commend the Minister for pushing to ensure extra humanitarian aid, which is good and as it should be. This dire humanitarian crisis underscores the reality of the situation.

We have shown our bona fides at Government level and many of us in this room have, through our parliamentary parties, worked hard to achieve that. We showed our bona fides in the recognition of Palestine. We are saying to the Senators proposing the Bill that we have no difficulty with it in principle. We have no difficulty with their motivation or objectives. We have no difficulty in recognising the horror that is there. We are saying that the six-month period is to test and achieve various outcomes. There are questions around the Chicago Convention. There are questions about current grants of exemption. The Bill provides that exemptions under Article 3 of the 1973 and 1989 statutory instruments shall not be granted in circumstances where an application has been made in respect of military or dual-use items destined for, or coming from, a country which exports military or dual-use items to Israel. There are complexities here with the Chicago Convention. There is also an issue for staffing and the number of people who go onto an aircraft. A lot of background work is required in respect of enforcement of the various regulations that would apply and the international context.

Senator Higgins suggested earlier that the reality is different, but as it is at the moment, under existing Irish law, only soldiers are going through. I acknowledge there is a debate around that. Munitions and armaments are not allowed under existing law. The Senator might argue to the contrary and say that is not implemented properly, but I do not know.

Alice-Mary Higgins (Independent)
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That is not accurate.

Joe O'Reilly (Fine Gael)
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We accept the bona fides of the proposal and the genuineness of where it is coming from. We accept what is it trying to achieve. It is just a question of asking to look at its implementation and working-outs. I presume the Minister will go through more of those technicalities. This is an important debate. Sadly and tragically, we are going to have to continue discussing this awful situation on an almost weekly basis.

Annie Hoey (Labour)
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Before I make my contribution, I want to address some of the things that have been said. A suggestion has been made that the passing of the Bill today will mean the changing of policy tomorrow. However, we all know that is not how the legislative process works. There are multiple Stages in both Houses. There is pre-legislative scrutiny, Committee Stage and Government amendments. I do not see why all of this diplomatic engagement and all of these other bits and pieces cannot happen as we go through the normal legislative process. There is no reason to kick the Bill to touch for six months. All of the things that need to happen can happen within the normal legislative process. I do not think that argument stands up.

It was also said that this Bill is not going to end the war. That is probably the case, but it would ensure we would not be complicit in the transfer of weapons to Israel for use in this war. It would make the inspection of planes mandatory so that we would know for certain if weapons were passing through Irish soil.

On Monday morning, we woke up to images and videos from Rafah and Gaza. There were more last night and today. Those images and videos depict the horror and reality of the genocide taking place in Gaza. We have seen another example of Israel's indiscriminate use of weapons against innocent civilians, weapons which potentially have come through our own soil. The Israeli authorities told Palestinians they would be safe in Rafah, although I think we all knew that nowhere was going to be safe. Of course, we welcome the Irish Government's decision to join South Africa's case against Israel in the International Criminal Court and Ireland's formal recognition of the State of Palestine. However, such recognition cannot be an end in and of itself. It must be followed by action. As the bombing, destruction and killing of civilians continues, there is no time to wait. What good is the recognition of a state if that state is being wiped out of existence, possibly with weapons that have passed through our own soil at Shannon Airport?

This Bill would not only be a tangible measure following on from the Government's recognition of the State of Palestine but would also be a necessary measure. The International Court of Justice has ordered states to take provisional measures to prevent acts being committed against the people of Gaza in contravention of the Genocide Convention. It is our duty under international law to take action. We also have a moral obligation to do all we can to protect the people of Palestine and to ensure international law is upheld. This Bill, as I have already said, would force the Minister to carry out inspections of aircraft that are possibly carrying weapons through this State that are destined for Israel or likely to be transported to Israel.Not a single inspection has been carried out since 2020 of any aircraft potentially carrying weapons through Ireland. We cannot stand idly by while our airports facilitate the transport of weapons for war crimes, undermining our long-standing position of military neutrality. If we are going to kick this to touch, will the Minister at least commit that there will be inspections or interim measures while this Bill is going through the up-in-the-air diplomatic processes?

The Labour Party and I have been clear that the violence must stop. It feels ridiculous to say that we need a ceasefire now. What does that even mean anymore? We need more than a ceasefire. We need sanctions. We need to ensure that Ireland is in no way complicit with the provisions of arms or weapons to this brutal Israeli regime. Weapons are designed to kill, maim and destroy their intended victim. That is the whole point of weapons. There are no innocent weapons if they are being passed through Ireland. We all know that the attack on 7 October was abhorrent and we condemn their actions in the strongest terms and call for the immediate release of hostages. However, it does not give licence to Netanyahu's Government to breach international law and undertake a massacre of Palestinian civilians. If we are to have any hope of a two-state solution for Israel and Palestine, then Netanyahu's Government cannot be allowed to continue its vengeance-driven crusade of violence against civilians.

The latest death toll, from the figures I have from this morning, is 36,615 killed, including 15,000 children, and 1,139 people have been killed in Israel. Every death is a tragedy. It is undoubted that there is a clear imbalance. The Palestinian people are being punished by the Israeli Government and army for the actions of Hamas on 7 October. That is collective punishment, which is a war crime and is unacceptable. The everyday people of Gaza did not commit acts of terror. Children did not commit acts of terror. That little child whose body was being held up, with no head of the body, whose gender could not even be identified, did not commit an act of terror. Why are they being killed in response?

Alongside advocating for the end of the use of Shannon Airport for arms trafficking, the Labour Party and I will continue to push for the occupied territories Bill that has been tabled by Senator Frances Black to be passed by Government. We have to end trade relations with Israel, suspend EU-Israel trade relations and impose severe sanctions. We have long advocated for Palestinian statehood and self-determination. The Labour Party recognises that, for Palestinians, this war began long before 7 October and they have been living under an apartheid regime. I do not even like to use the word "war" because that implies some sort of even power balance.

Yesterday, I spoke about the Dunnes Stores workers, who were led by Mary Manning, who went on strike for three years until the Government capitulated and banned the sale of South African goods. Will we have to wait for three more years before we see any action? In seven months, Gaza has effectively been wiped off the face of the Earth. Imagine what it will look like in three years. How many Palestinians will be left alive? How many children will die? How many innocent people will have to die if we have to wait for three more years?

We remain steadfast in our belief that the only way to ensure lasting peace and security for Palestinian people is through a two-state solution. Labour Senators will of course be supporting the Air Navigation and Transport (Arms Embargo) Bill 2024. We thank the Civil Engagement Group for tabling it. The use of Shannon Airport by the US to traffic arms to Israel makes Ireland tacitly complicit in the brutal bombardment of Gaza and we cannot allow that to continue. Like all right-minded people, we in the Labour Party are appalled by the systemic destruction of Gaza and the indiscriminate murder of Palestinian women, men and children. It is a genocide and if there is even a chance that we in Ireland are in any way complicit by facilitating the passage of arms and weapons through our soil, we must do everything to stop that.

Lynn Boylan (Sinn Fein)
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I send thoughts and solidarity to the people of Rafah. The images that are coming out of the place at the moment are beyond horrific. The decision by the Irish, Spanish and Norwegian Governments to recognise the State of Palestine was the first ray of hope for the people of Palestine, Israel and the rest of the world who seek a long-lasting peace and just outcome to the horrific nine-month-old war. As I was coming in here, I heard the terrifying news that Israel says it plans to continue this for another seven months. The recognition of Palestine is a highly significant decision and it should become the basis of a new EU independent foreign policy which is tied to the rights and needs of the Palestinian and Israeli people instead of the current policy, which is tied to the political interests of the US and the extremists in the Israeli Government.

Recognising the State of Palestine is the first essential step to the achievement of a durable peace and the two-state solution. Peace and the two-state solution are interdependent. You cannot have one without the other. It is the only viable and credible option. Peace and the two-state solution provide security and international recognition to Palestine and Israel on the basis of equality and mutual respect, the determining factor being people's inalienable right to a homeland. At that point the equation changes from who has the strongest military hardware to democratic principles and a peaceful pathway to a new future. Peace and the two-state solution will create an opportunity for a new beginning for the peoples of Israel, Palestine, and the Middle East. Both Palestinians and Israelis are entitled to a future that is free from wars or armed actions, which has been a way of life for them since 1948, when the Israeli state was imposed on the Palestinian people by violence. It has been maintained by violence ever since.

Following the decision by the Irish, Spanish and Norwegian Governments to recognise the State of Palestine, other equally important decisions have been made. The International Court of Justice called on the Israeli Government to end its genocidal war against the Palestinian people. In a separate judgement, the ICC issued arrest warrants for Israel's Prime Minister Benjamin Netanyahu and other Israeli leaders, and the leader of Hamas, Yahya Sinwar for war crimes and crimes against humanity. These actions are isolating Israel from the democratic world with the exception of the US. That pressure must be maintained and increased. It is up to other states to act. The International Court of Justice has ordered states to take provisional measures to prevent acts being committed in contravention of Article II of the Convention on the Prevention and Punishment of the Crime of Genocide against the people of Gaza. Enacting this Bill, which the Civil Engagement Group has brought forward, would be fulfilling our legal obligation under the Genocide Convention, add to the pressure on Israel to end its genocidal war against the Palestinians and further isolate it. The isolation of Israel needs to continue until the Israeli Government ends its war. We need to slow down the ability of its war machine to slaughter the people of Gaza.

Sinn Féin supports this Bill and commends the Civil Engagement Group on bringing it forward. We support its immediate enactment. It is indefensible that the Government would slap a six-month pause on this Bill. As I said, just today, Benjamin Netanyahu said he has every intention of continuing this for a minimum of another seven months.

The Bill will not interfere with legitimate missions by the militaries needing to use Irish airspace while bearing arms. Our own Defence Forces may need to transit through other states when en route to UN peacekeeping missions, for example, but this Bill does not interfere with that. This Bill is really timely. Sinn Féin would like to see the inclusion of inspections of aircraft and have long called for that with regard to the use of Shannon by the US military. This Bill should be enacted today as it is but in the future, we should look to expand it beyond Israel to potentially include any state answering a case under the Genocide Convention or under investigation by the International Criminal Court. As a point of policy and principle, the Bill should be expanded to include a prohibition on dual use items which originate in and are not simply transiting Ireland.

The EU has particularly failed to adequately respond to the humanitarian catastrophe, to hold Israel to account or take meaningful action against Israel. At the very least, it should stop blocking a review into Israel's compliance with its human rights obligations under the EU-Israeli Association Agreement. Following the decision by the Irish Government to recognise the State of Palestine, it should enact the Illegal Israeli settlements Divestment Bill and the occupied territories Bill. The Irish Government and the international community must deploy every diplomatic, economic and political measure at its disposal to force the Israeli Government to end its genocidal war in Gaza and its attack on Rafah. As we have been calling for for so long, we need an immediate ceasefire and the release of hostages on both sides. The desperately needed humanitarian aid must be allowed to flow.That includes energy for the means to use that humanitarian aid.

Frances Black (Independent)
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What has happened in Rafah over recent days, what is happening in Gaza and the reality of the situation is beyond belief. I never thought I would come to the day where I would see this horrific genocide. I go to bed at night and think of the people who are alive still and the terror they must be feeling. They have nowhere to go. They have been asked to move but they have nowhere to go. They are walking but they are going nowhere. I think of how they must feel about how the international community has abandoned them. The whole world has abandoned them. It is honestly horrific.

The question I have is, are we complicit in this? The Irish people do not want to be complicit in this. They are out marching all over this country and saying, “Please take action”. Do not get me wrong, and credit where credit is due. I know the Irish Government has done more than most western countries to highlight the unbearable conditions being endured by the Palestinian civilians in Gaza. I want to give credit. Our Government has been outspoken about the need for a ceasefire and the unfettered delivery of aid, but we cannot be complacent. We need to listen to Palestinian civil society who are resisting occupation, displacement, apartheid and war. We need to listen to the people who are fighting for their lives while they struggle for peace, justice and freedom.

I do not understand why we have to wait six months. This should be urgent legislation. It is a modest demand. We are not asking for much. Thankfully, Ireland is not in the business of selling weapons of war, but we cannot allow weapons to pass through our territory en route to Israel, where they will be used to kill and maim Palestinian civilians – innocent people. It should not be a matter of ministerial discretion. It is a clear case of life or death and right or wrong. As a signatory to the Genocide Convention, Ireland has an obligation to take all necessary steps to prevent genocide from occurring, no matter where in the world it is happening. An arms embargo on Israel is clearly necessary for our compliance with our obligations under that convention.

The Bill should not be controversial, not least because this House unanimously passed a motion in February calling for an arms embargo on Israel. The failure of successive Irish governments to ensure meaningful compliance with prohibition on the transfer of weapons, munitions and dangerous goods contained in the Air Navigation and Transport Act is an absolute disgrace. How can we justify failing to order any inspections? How can we justify granting exemptions to aircraft from countries like Germany and the United States that are giving Israel the weapons and bombs it is using to murder Palestinians. I am asking and pleading with the Minister. Please, he has to stop it now - not in six months or a year, but now.

What happens in Palestine now will be critical for the future of international law. The world is watching. The US and many European countries continue to provide Israel with aid, weapons, preferential trading status and diplomatic cover despite its illegal occupation of Palestine, its cruel system of apartheid and the genocidal violence being unleashed on the people of Gaza. It is undermining the European Union’s claim to be a peacemaking body that stands for the universal applicability of human rights and international law and it is reducing its standing in the eyes of the world.

It is significant we are talking about this Bill on the day after Ireland formally recognised Palestinian statehood. Ireland has affirmed the principle that it has advocated for many years, including at the UN General Assembly and recently in front of the International Court of Justice, that the Palestinian people are sovereign within the 1967 borders of Palestine and that Israel’s occupation of the West Bank and Gaza is illegal and unjust. Recognition needs to be a stepping stone towards further, more tangible action as the brutal bombing of the displaced people’s tents in Rafah shows Israel is convinced it can break international law with impunity, and it is in direct violation of the updated provisional measures of the International Court of Justice issued just days ago.

I again ask the Minister. Please, we cannot be complicit in Israel’s attempt to drive Palestinians off their land and its overwhelming murderous violence. It wants to ethnically cleanse the Palestinian people. I note the Government is trying to revive the viability of the two-state solution as a pathway to a just and lasting peace in the region. This is an admirable goal, but we have to act to ensure Israel cannot use its bombs, soldiers or the paramilitary violence of illegal Israeli settlers to undermine the geographic and demographic basis of the Palestinian state.

I ask the Minister to please change that amendment. I ask him to please not press the amendment and to pass this legislation today. It is urgent. We cannot be complicit in the killing of Palestinian people.

Eileen Flynn (Independent)
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I was not going to speak on this Bill due to time and making sure my colleague, Senator Frances Black, had her full six minutes. First, I thank my colleagues, Senators Lynn Ruane, Alice-Mary Higgins and Frances Black, for their commitment to the Palestinian people way before 7 October. Recognising Palestine as a state yesterday was absolutely welcomed by all of the Irish people.

It is a cop-out for the Minister not to support our Bill today. One of our colleagues said that support today will be action tomorrow. No support today means killings tomorrow. Two hundred children per day die in Gaza. In the six months of the Minister kicking the can down the road, not wanting to support this Bill and having action today, with Ireland being part of the problem, unfortunately, not the solution, more than 10,000 children-----

Eileen Flynn (Independent)
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Excuse me, Senator. I am speaking.

Mark Daly (Fianna Fail)
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One Senator only to speak, please.

Eileen Flynn (Independent)
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When the Senator is ready. Is that okay? Okay. Again, an estimated 200 children are dying a day in Palestine. In six months, that will be more than 10,000 children. Ten thousand children will have died, with us sitting by, having weapons there in our name.

Our Bill is very easy. It is a no-brainer Bill. If we really recognise Palestine as a state, we need to put our actions with that. We cannot be all talk. That is one thing about this Government. We are talking the talk but we are not walking the walk, unfortunately. At an international level, all over the whole world, people are watching our leadership. As my colleague, Senator Frances Black, said, I welcome that leadership standing up for the Palestinian people. Today, we say no weapons are landing in Palestine in our name.

I do not mean to sound in any way ignorant, smart or anything like that, but the Minister is a leader in his own right. Today is his opportunity to show that leadership and say that he will support this Bill today and we will implement it tomorrow, instead of having 10,000 children die while we wait for this Bill to pass. Even at that, the Government will be off facing elections and so on. Again, this is a pure cop-out. I have the height of respect for the Minister at a personal level and I am very disappointed to see this cop-out to the Palestinian people today. That is all I have to say.

Mark Daly (Fianna Fail)
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The Senator without interruption.

Mark Daly (Fianna Fail)
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As Senators are aware, the Office of the President is not----

Paul Gavan (Sinn Fein)
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I appreciate being able to speak on the motion today. I literally came off the campaign trail because I wanted to show my support for this Bill. It is extremely timely and important. It is important this debate is taking place. As I came in today, there was tremendous solidarity outside the gates of Leinster House. It is great to see it.

It is hard to know where to start. On a number occasions now, we have heard Senator Ned O'Sullivan talk about things that are happening in the world in a way that, to me, is entirely unacceptable. What I have yet to hear, however, is anyone from the Fianna Fáil party actually come and condemn these statements. We all know what is happening. I heard it on the radio coming in this morning - women and children being blown to pieces, deliberately, in Rafah. Senators may or may not have heard that the Israeli Government declared that this is going to go on for at least another seven months. We have a situation where an Israeli Government is engaging in genocide under an illegal occupation and has declared it is going to keep engaging in genocide for a further seven months. All of us should be on the one side in relation to this issue, every single one of us.

The Bill has real implications and it is important that we talk about it. I need to be fair and recognise the fact that all parties have played a key role in recognising the State of Palestine. It was the right thing to do. We waited ten years for it, but it has happened and I very much welcome that. However, we have to do so much more.Unfortunately, the airport that I lived next to, Shannon Airport, is being used by the US military and US military transport planes to head to the Middle East. We know, and again it was discussed during the lunchtime news today on RTÉ One, that the two bombs that were dropped on the people of Rafah this morning and yesterday were sourced from America. They are US bombs that are being used to blow up innocent people - women and children, and yet we have the US military still using Shannon Airport. I have been completely consistent on this matter. I have attended protests for ten years. One of my first speeches in this Chamber eight years ago was about Shannon Airport and I have been consistent ever since. There is no middle ground here, or at least there should not be. If you believe in being militarily neutral, then you should not be allowing your airport to be used by the US military. It is as simple as that. Even putting that argument aside, in the middle of a genocide, how can we be serious about our commitment to the Palestinian people if we allow the US military to use Shannon? Of course, there should be inspections. There is no question about that. The power of this Bill is it would deliver that.

I want to quote from a letter I received on my way here today from one of the activists in Shannon. This is a letter that was actually written to Micheál Martin detailing recent activities in Shannon:

17 March 2024: Omni Air number N234AX, on contract to the US military, landed at Shannon airport at 9.51 a.m. this morning coming from Tblisi, capital of Georgia. Omni Air N234AX flew on to US Marine Corps air station Cherry Point in North Carolina.

16 March: on contract to US military, landed at Shannon at 4.50 a.m., coming from Indianapolis in the US. Took off after heading for Sofia in Bulgaria and onwards to US air base Al Udeid in Qatar. This is the largest air base in the Middle East. Both aircraft are likely have been transporting armed US soldiers.

I could go on. There is a whole list here of flights just in the last two months. I am counting them as I speak because I have not had a chance to read this letter, but I am already up to 59 or 60. There have been up to 71 flights since St. Patrick's Day, in the middle of a genocide.

I welcome this Bill. It is important Sinn Féin is supporting this Bill. Everybody should support this Bill. The decision to delay it in the context of the genocide that is ongoing is nothing less than disgraceful. I cannot understand how anyone on the Government side can vote for this. I call on them not to vote for this. Maybe they might fancy having a cup of tea when it comes to the vote. Maybe, like me, they might want to get their hair done - who knows. They should not be in here voting for an amendment to delay the Bill, because I can assure you of this: the Israelis will not be delaying genocide or halting it for six months. There is no hiding place when it comes to issues like this. There is no middle ground when it comes to genocide. We cannot have a situation whereby, as the Fine Gael Party has it, it is not comfortable with Ursula von der Leyen but will still vote for her to be the next EU Commission President, even though she has greenlit genocide for months now. There is no middle ground here. I commend our Civil Engagement Group on this excellent Bill. There should be no hiding place and I call on the Government representatives from Fianna Fáil, Fine Gael and the Green Party to do the right thing. Delaying this is a disgrace and I have to look at the Minister, Deputy Ryan, in particular. The Green Party used to have a good record when it came to Palestine. Delaying this Bill is shameful. You should be better than this.

Eamon Ryan (Dublin Bay South, Green Party)
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I am glad to have this opportunity to respond. I will start by responding to Senator Gavan because he directly referenced our own party. He was missed during the earlier contribution of Senator Garvey, who made the point that members of our party have for decades put the rights and justice needs of the Palestinian people at the very centre of our political ambitions. I will not cite examples except perhaps for one. Four years ago, when this was not centre-stage in the political debate, we negotiated a programme for Government, which committed to recognising Palestine-----

Paul Gavan (Sinn Fein)
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It was centre-stage for a number of years.

Mark Daly (Fianna Fail)
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The Minister, without interruption.

Eamon Ryan (Dublin Bay South, Green Party)
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That was not insignificant. It took a lot of political capital and determination. We did that because, as Senator Black said, it is beyond belief what is happening in Rafah today, what happened yesterday and what has been happening over the past seven months, but more than that, because for several decades the rights of the Palestinian people have been denied and ignored. As Senator Garvey said, however, moral interest in this applies to all, whatever one's views or political designation. It does not belong to our party or to other parties here. I will go into some of the details because it is important we go into the details of what is actually happening and what can be done regarding aviation, which is one of the elements we have an interest or a role to play in.

Regarding the Bill, the Chicago Convention is the main treaty governing international civil aviation. Article 35 of this convention provides that no munitions of war may be carried in or above the territory of a state except by permission of such state. This is implemented in Irish law through the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989, as has been referred to. Under these orders, the carriage of munitions of war is prohibited on any civil aircraft in Irish sovereign territory or airspace and on any Irish-registered civil aircraft, whatever it may be. The Minister for Transport has power to provide an exemption for this prohibition should a civil air operator seek to carry munitions of war on a flight. The Department of Transport has a formal procedure in place to process applications for an exemption to permit the carriage of munitions of war on civil aircraft in accordance with those air navigation orders, and each application is considered on a case-by-case basis. Exemptions are issued to air operators and not to any specific state. The Department of Foreign Affairs is always consulted on foreign policy grounds, and the Department of Justice similarly. The Department, in that sense, is also informed of all applications. The Irish Aviation Authority is the State agency with responsibility for regulation of the carriage of dangerous goods and it is consulted on any application for an exemption to permit the carriage of munitions of war, also classified as dangerous goods, for example, ammunition.

The first and most important of my various points to clarify Senator Gavan's concerns in this regard is that there have been no exemptions provided by this Government, or, I believe, three years previously into the previous Government, to any flight directed towards Israel. There has not been an application and no exemption has been provided-----

Paul Gavan (Sinn Fein)
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Were any inspections carried out?

Mark Daly (Fianna Fail)
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The Minister, without interruption.

Eamon Ryan (Dublin Bay South, Green Party)
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Exemptions sorted under the orders typically fall into two categories. The first category is civil air operators contracted by the US military to transport personnel from locations outside the US. These operators are required to seek an exemption for transiting through Irish airspace or landing in an Irish airport when troops on board carry their personal weapons. The second category is where munitions of war are carried on Irish-registered aircraft, wherever they may be operating. I have asked my Department to give more clear statistics on this because it is important we are clear and there is real clarity, rather than confusion. Last year, 1,185 exemptions were granted. On a small number of occasions, they are not granted if it is seen that they are carrying munitions beyond such as a personal weapon. Personal weapons could be carried for a variety of different characteristics. A personal protection officer might be accompanying a diplomat, a Head of State or whatever. There are a variety of reasons that would be allowed. Of the 1,185 exemptions granted last year, 275 of these aircraft landed in Ireland. A further 309 of the exemptions were granted to Irish-registered aircraft operating entirely outside of Ireland and Irish airspace. They are civil aviation aircraft and have a civil duty but, as I said, they might have someone like a personal protection officer carrying a revolver. They would have to get an exemption. They are not allowed to fly with any weapon without that exemption. The procedure in place is well understood and we have no evidence of any non-compliance. Any occasion where we do see that there are weapons beyond such personal weapons, exemption is not typically provided.I will respond now to some of the points made by Members. Senator Ruane said there is carte blanchein granting exemptions. There is no carte blanche. There are on occasions on which we say "No".

The point Senator Dooley made is a good one and is particularly important. We stand up clearly for the rights of nations to a peaceful existence. That includes the Palestinian people but it is not just them. The State took a really strong stance recently that was deeply unpopular with the Ethiopian Government. We did so in that instance because it was the right thing to do, even if it was diplomatically difficult. The strength of our diplomatic voice is felt when we follow proper legal and diplomatic procedures. What Senator Dooley said is true. The strength of our position in not asking for the withdrawal of the Israeli ambassador was all the more powerful when we saw that the Israeli foreign office was not applying the same sorts of standards of decency.

We have given significant support in recent years, particularly because of what has been happening in Gaza, to the International Criminal Court. That support has been financial as well as political. We have also supported the International Court of Justice, to which we will take a case in support of the South African stance. Such action is far stronger where the case is based on law and where we take the court application really seriously, as we did in supporting the Palestinian Authority's case against what Israel is doing in the West Bank. That takes time. It is not an issue on which we put out a press release. It requires South Africa to present its case. It requires us, under a specific article - Article 63, if I recall rightly - to act where there is room for us to make an intervention. That intervention is all the stronger when we follow international law and procedures and get the legal consequences right.

I make that point particularly in response to Senator Higgins. The Government's amendment seeking a six-month period to assess this Bill is not at all evasion, as she claims. It is the exact opposite. The aim is to give us an opportunity, using proper legal mechanisms, to look at how we can provide further confidence and security that the current application of the law is appropriate. I intend to work with my colleagues in the Departments of Foreign Affairs, Defence and Justice to use that six-month period to establish the legal mechanisms whereby we could, in a random but routine way, assess some of the flights landing here. It is a different circumstance when a flight is an overflight. We will not be bringing down such aircraft to be inspected. However, where an aircraft is within an Irish air field, we want to have a process whereby, in a manner, as I said, that does not automatically apply suspicion to another state, but acting, as Ireland does well, diplomatically, properly and with due process, to check to ensure the exemptions we are providing are in order.

That is what I intend to do, working with my Government colleagues, during the proposed six-month period. We work well in government when we work collectively. We will look at how such checks could be deployed and applied. We will come back to the House. The initial advice from my officials is that this legislative proposal would not deliver a proper legal format that would allow such checks to take place. Such a regime cannot be applied in a way that is outside the Chicago Convention, in a way that might look to treat one state in a different way from another. Such international conventions apply to all states that are party to them. However, in regard to the issuing of checks, it is possible, timely and appropriate for us to develop the legal mechanisms to be able to do that in an appropriate manner that does not weaken or damage our diplomatic relations but, rather, does the exact opposite. This will show us to be a State that stands up, with the rule of law, for peace in our world. Lord knows we need that at this time, particularly in the Middle East.

In case Senator Higgins might be worried, no one knows the date of the general election. Having spoken to my colleague party leaders of the two other parties in government, each of us has indicated that March next year is the last date on which an election can take place. We have time to carry out the legal and diplomatic processes we need to follow to be able to implement this change in a way that works. That is what is our amendment seeks to do.

To Senator Gavan I say that it is inappropriate to cast aspersions on the motivations of the Senators voting on this Bill. I believe they will vote with the exact same motive, which is to try to protect people and bring peace, with which others rightly say they will vote.

Paul Gavan (Sinn Fein)
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I do not think so.

Eamon Ryan (Dublin Bay South, Green Party)
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That is my view. I encourage Senators to vote in support of the amendment to allow us to effect the change the Bill espouses.

Alice-Mary Higgins (Independent)
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I am disappointed in the Minister's response. I thought he was going to say that while the legislation will not progress, the Government will start doing inspections tomorrow and will start massively reducing the number of exemptions granted.

Lynn Ruane (Independent)
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Inspections already happen.

Alice-Mary Higgins (Independent)
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Yes, to be clear, provision is already made for inspections. It is absolute nonsense to suggest that the next six months need to be taken up with trying to develop a legal mechanism that might allow us, in effect, to do spot checks. The legislation already allows inspections to be done. Inspections have previously happened. There have been no inspections since 2020, which means no inspections under the watch of this Government or this Minister, but they did happen previously. That power is already there but it is not being exercised.

It is completely inaccurate, wrong and misleading to suggest we need a whole complicated legal process in which the Minister could begin to think about looking at some of the vehicles passing through. The inspections are already provided for under the Chicago Convention. That convention allows for the prohibition of the transport of weapons and munitions and it also allows for inspections. It is explicitly clear that countries can perform inspections. That provision is already there. The problem is it is not being used. I thought we would hear that action will be taken in the interim. Instead, we are hearing there will be talk about action. It is misleading to suggest there is a legal issue. The law is already there.

To be clear, when we talk about the law, the law we should be thinking about right now is the Genocide Convention and the legal obligation we have to take every necessary step to prevent every act towards genocide.

Paul Gavan (Sinn Fein)
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Well said.

Alice-Mary Higgins (Independent)
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This Bill is a necessary step. The UN Human Rights Council has called explicitly on all countries to cease the sale, transfer and diversion of arms, munitions and other military equipment to Israel in order to prevent further violations of international humanitarian law and violations of abuses of human rights. That is what the law and our international obligations are saying. Our own national law, which was written at a time when it was envisaged that we might be better at delivering on our neutrality and disarmament record, is clear. Senator O'Reilly said there is no allowance for weapons. Yes, indeed, our law prohibits weapons, but it allows the choice to make exemptions.

I wish to be very clear. We are not looking for a new sanction or a new ban. We are simply saying that we must stop giving the privilege of granting, on a case-by-case basis, exemptions or permissions to flights that may be directing weapons and dangerous goods to Israel. We are talking about the flow of arms. This is a country that has cut off the flow of water, one of the necessities of life, to its people. The UN and others are calling on us now to cut off the flow of arms. The main sources of that flow are Germany and the United States. The two main countries looking for exemptions to carry arms through our State are Germany and the United States. They are the countries to which we are granting exemptions. Those two countries have been absolutely clear in their intention to continue providing arms to Israel.As for these unloaded personal weapons, they are weapons. We do not know, first of all, what those weapons are, what troops may end up using them or where they will eventually go. We do not have any say. We do not know. We only know there are weapons passing through. While they are unloaded, the concern is not really what happens on the plane but rather what happens when they land and where they eventually land. There is a clear route of armaments travelling to Israel, which is being very clear when it talks about another seven months. We have seen what can happen in seven months and we can imagine what can happen in another seven months. The idea we have heard is that we will wait until the last month - maybe - to start the legislative process. By that time, obviously they will feel they have finished the job. There is a legislative process. If the Minister wished to make amendments to this legislation, he could do it. A six-month delay is not the standard practice; it is a kicking of the can and is absolving.

The Taoiseach was clear when he spoke about moments in the future when you want your children and grandchildren to ask what you did and whether you did enough. Maybe a question can be added to that: did you do it in time to help? The Minister can do more in allowing this to pass today. More importantly, he can do more tomorrow by using the powers he already has instead of paying us off. It is not a legal obstacle. To be clear, it is diplomatic. It is the friendly nation that Senator Dooley spoke about it. It is about money and not being willing to challenge the United States. The Minister said it is a friendly nation to us. He mentioned diplomacy. Let us be clear: we have the powers and we should be using them. We do not need to engage in background diplomacy to ask the United States if it minds if we stop the odd plane to check it. We have the power to stop those flights tomorrow. The Minister explicitly has that power. I ask him to use it.

Paul Gavan (Sinn Fein)
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Well done.