Ireland’s deputy premier has said it will be “challenging” to pass a Bill banning imports from Israeli-occupied Palestinian land before the general election.
Tanaiste Micheal Martin said that although an advisory opinion from the UN’s top court had “changed the context” of the legal advice they had received on the Occupied Territories Bill, substantial amendments were still needed.
These amendments make it unlikely to pass before an election is called.
This has all been made possible by the International Court of Justice's advisory opinion, but it still is very challenging legally, and I have to be very clear about that, but we believe there is a pathway forward on it...
The three coalition leaders agreed on Monday night on a polling date in 2024.
Although the Government parties agreed to prioritise passing the Finance Bill, other legislation not yet passed before an election will lapse once the Irish Parliament is dissolved.
Speaking on his way into Cabinet on Tuesday, Mr Martin said he would bring a memorandum to Government that will “point a pathway forward in terms of moving it on”.
“I will also consult with the author of the Bill, Frances Black, and others, in respect of those amendments and moving the Bill on from where it currently is,” he said.
“This has all been made possible by the International Court of Justice’s advisory opinion, but it still is very challenging legally, and I have to be very clear about that, but we believe there is a pathway forward on it, and that’s contained in the memo today.”
He said it would be “challenging” to pass the Occupied Territories Bill in the lifetime of the current Government, after stating that an election would likely be held on Friday November 29 or December 6.
Mr Martin added: “That would be challenging, to be fair, because it will need substantive amendments. But I’m going to talk to the author of the Bill, today I’m outlining to Government the areas that need amendment.
“But I think the significant point is the Government is not saying it’s against progressing this, the Government is actively seeking a pathway to progress the issue of preventing trade or imports from the illegal occupied territories.”
The Irish government has repeatedly called on the EU to review the EU-Israel relationship in light of the ICJ’s advisory opinion.
The Attorney General has advised the government that if this is not possible, there are grounds in EU law that would allow Ireland to take action at a national level.
The Government will approach the enactment of the Occupied Territories Bill on these grounds, with the intention of any trade restrictions focusing on occupied Palestinian territories.
Minister for Children Roderic O’Gorman said there was “an understanding that it was probably unlikely to go through all stages” before the end of this Government’s term.
“I think it is important that we are looking to advance this piece of legislation, and particularly to at least create the space that can be discussed at the Oireachtas committee,” he said.
“Certainly from my engagement with Frances Black and kind of organisations like Sadaka, they want to see momentum.
“They want to see this Bill, frozen through a money message for a number of years now at this stage, they want to see that momentum come back. I think that’s what the Tanaiste’s update at Cabinet today will facilitate.”
Independent Senator Frances Black, who first tabled the Bill in 2018, said the International Court of Justice’s opinion in July had put questions about the legality of the Bill “beyond any reasonable doubt” and it was now “a question of political will”.
