Taoiseach Confirms Ireland Not Giving Consensus For Trade With Israeli Illegal Settlements

Ireland not giving consensus

Taoiseach Simon Harris confirmed Ireland not giving consensus for trade with Israeli illegal settlements. He said that Ireland is “not going to wait for consensus” from other European nations for trading with Israeli illegal settlements

The three government party leaders were given instructions about the new context to examine in the Occupied Territories Bill (OTB). 

What is the Occupied Territories Bill

The bill was initially launched by Independent Senator Frances Black and has strong support from Dáil and Seanad. However, Miss Black wants to see the full details of the move despite welcoming it wholeheartedly. 

While speaking to the media, she revealed that uptil now, the move is “positive and encouraging”. She wants the government to give a final decision for the existing bill which is “ready and waiting” and now needs to be passed as soon as possible. 

She believes that although this would be a huge step for Ireland to reposition itself in the international arena and clear its vision on ending humanitarian catastrophe, it might result in the loss of trade worth €1 million. However, this would still not end the occupation itself. 

She remarked that it is necessary to portray that Ireland does not support horrific injustice and this needs to be put through before the general elections before Christmas so that implementation is done quickly. 

The bill is meant to ban the trade between Israel and Ireland and any related illegal settlements in the occupied Palestinian territories. The Control of Economic Activity Bill 2018 is another name for the bill, which is meant to prevent trade with illegal settlements in territories that are considered ‘occupied’ under international law. The bill was proposed long before the war between Gaza and Israel. 

This clearly implies that Israeli illegal settlements would not be included. 

The violators of the bill are supposed to pay a fine of €250,000 and might be imprisoned for up to five years. 

The bill would even prohibit Ireland from importing goods that are sourced from Israeli settlements with an inclusion of the West Bank. 

The bill was proposed at Oireachtas by Frances Black, the independent senator in January 2018. It mentioned it as an injustice of trade of settlement of goods sustains.

Ireland not giving consensus
Senator Frances Black (Source: Ireland’s Future)

The bill was discussed with Sadaka, Christian Aid, Amnesty International, Trocaire, the Iris Congress of Trade Union (ICTU) and the Global Legal Action Network (GLAN) beforehand. 

However, the Fine Gael party is not in support of the bill. They say that even if the bill is passed, the international ministry would refuse to implement it. 

When the bill was first introduced, an opposition was faced by the Attorney General saying that EU law would not consider the bill. However, after a series of opinions were reviewed by prominent lawyers who were experts in EU law, they advised that EU law allows member states to take the decision of the ban unilaterally and might not have to wait for the agreement of the others. 

It was unequivocally stated that the settlements on the West Bank are illegal under international law. 

Implications of the Bill for Ireland 

If Ireland follows OTB, as Simon Harris has also suggested, then Irish imports from Israel would be banned. 

 
 
 
 
 
View this post on Instagram
 
 
 
 
 
 
 
 
 
 
 

A post shared by Simon Harris (@simonharristd)

A total of €500,000 to €1,500,000 goods are imported from Israel to Ireland, based on the latest data of 2019. Even the partially-produced goods in Israel would not enter Irish boundaries, even by those who travel from Israel to Ireland. 

Moreover, the Irish trade with Israeli companies and their subsidiaries would also be immediately stopped worldwide.

If such a move is strictly followed in Ireland, Ireland and the United States would have to choose between the Irish law and anti-boycott legislation. It would make international businesses rethink their next move in the form of relocation as Ireland is considered a tax haven.   

The foreign minister of Ireland, Teachta Dála of Ireland, Simon Coveney, elucidated that the OTB is practically hard to enforce as it is “quite vague”. If such legal advice from the Attorney General of Ireland is followed then it would be a direct violation from Ireland towards EU trade regulations. 

The Lawfare Project, which is an American non-profit firm that works to support the human rights of the Jews along with their freedom of speech and civil rights stemming from Jewish discrimination and antisemitism, is already working on its legal case against the violation of EU law. 

Why Ireland is in more support of the Bill

Ireland believes that OTB could be a way of taking a stand against the massive loss of human lives that is witnessed in Palestine and Gaza at the hands of Israel. 

More than 42,000 civilians have lost their lives in Palestine which was sparked as a result of Hamas-led group conflicts with Israel. 

Response of Israel

When the bill was first introduced in 2018, Israel condemned it, calling it “immoral”. The Israeli embassy in Ireland did not support the idea of banning Israel’s goods as neither would it add to Ireland’s influence and role in facilitating peace nor would it lessen terrorism around the world.

In fact, the Israeli embassy said that it would encourage terrorism as it draws a broader line between Israel and Hamas and now shows support for Hamas. Supporting terrorist groups like them would be a clear indication that the other party does not want to come to the negotiation table, Israel said.  

Benjamin Netanyahu, Prime Minister of Israel declared the bill a sheer contrast to the principles of justice and free trade. It would be a risk to solve the conflicts between Israel and Hamas rather than pave the way towards peace.  

Views of those organisations that supported OTB

Sadaka, an Ireland and Palestine Alliance firm, said that the Bill is not compatible with EU law and would not create any disrupting intersections if implemented. 

A legal opinion from Takis Trimidimas, professor of EU law at King’s College London, implied that the bill is a disruption of EU law and any country not abiding by it would be eligible for consequences. 

Trocáire, an Irish charity, also argued about two legal options that would make it legal and would not contravene with EU legislation of trade. 

Still, Jackie Goodall, a representative of the Ireland-Israel Alliance said that Christian pilgrims would be in trouble as they are the ones who take tours from Jewish guides in the West Bank. Taking souvenirs from them might also be considered criminal action if OTB is passed. 

Simon Harris asked for advice on the Bill

Recently, Taoiseach Simon Harris requested for updated legal advice related to the Bill. 

Attorney General Rossa Fanning is of the view that the International Court of Justice (ICJ) now holds a stronger opinion for looking again at the Bill. 

rossa fanning
Attorney General Rossa Fanning (Source: The Irish Independent)

The same ICJ witnessed in July that Israel’s settlement policies and the exploitation of resources of the occupied Palestinian territories are directly breaching international law. 

The top court of the United Nations presented its view that Israeli settlements in the West Bank and East Jerusalem are in utter breach of international law. Their long-term annexation is in complete denial of the right of Palestinian people’s self-determination. 

After the main findings of the UN’s court session, Ireland is now compelled to think about its OTB stance for which Mr Harris and Attorney General Mr Fanning would be re-examining the bill with amendments for prompt implementation. 

The European Union is still having discussions about the obligations of EU member states with regard to the ICJ decision. 

What next steps would government take

The party leaders of the government realise that legal issues still need deep contemplation before their actual enactment and require various alterations before taking the steps. 

Next week, formal written advice would be presented which would be a signal to make progress on the Bill. 

Tanáiste Micheal Martin said that his department has to make a memorandum for taking the bill to the next steps in the next week. The existing bill needs substantial amendments and redrafts before the submission in the cabinet. 

The Occupied Territories Bill would be in line with the context of the International Court’s advisory opinion. Some years ago, he said that the situation was different with ICJ as the illegal occupation of Palestine did not exist and pressure on the member states was absent. 

Simon Harris still vouching for Ireland not giving consensus about Israeli illegal settlements

Moving forward to attend the cabinet meeting, Simon Harris said that he would like the government to think fast on the current issue of the Occupied Territories Bill.

He further added,

“Tomorrow, I will attend the European Council, and my message to European leaders will be very clear, we’re not going to wait for everyone in Europe to develop a consensus on this.” 

He was clear on his stance about Ireland not giving consensus about Israel’s illegal settlements in trade as he affirmed that this is what Ireland is clear on. Ireland would not wait and would be freely willing to work with a political divide regarding the said issue.

Simon Harris explained that not a majority of European states have opted to end trade with Israel. Here, he endured that he and his Spanish counterpart, Pedro Sanchez had persistently raised the issue of ending trade with Israel and wanted to initiate discussions at the European Council.  

While several EU member states are not in favour of this bill, they still want a ceasefire deal in Gaza and Lebanon because de-escalation of matters is now a dire need of time as the situation is getting extremely detrimental. 

Mr Harris wants the European Council to look at the matter seriously till Israel agrees on a ceasefire deal and puts an end to this violence. 

Green Party of Ireland and its stance on OTB

Green Party of Ireland which was formed to support progressive climate action, social justice and politics in the country, welcomes OTB and the pertinent advice from the Attorney General. 

green party leader
Green Party leader, Roderic O’Gorman (Source: Connaught Telegraph)

Their leader, Roderic O’Gorman said that he wants to see Ireland advance with the implementation of OTB as quickly as possible, probably by next week, so that a ban on trade with Israeli illegal settlements should be witnessed. 

He clarified the Green Party’s position in trading with occupied territories and wants to maintain the same position with the “remaining lifetime of this government”. 

Banning trade with Israeli illegal settlements sends a much stronger message across the world.

Ireland wants to stand true to its position against genocide in Gaza and wants to send a message to the world that it is committed to ending the violence and upholding the rights of humanity, be it anywhere in the world. 

If implemented, Ireland would be the first Western country to ban trade with Israeli settlements, offering clear proof of legal and moral obligation. 

Also, it would set an example for other countries that Ireland has the right to stop trade with any such country that defies the basic humanitarian laws on an international scale. 

FAQs

1. What is the Occupied Territories Bill (OTB)?

  • The OTB, also known as the Control of Economic Activity Bill 2018, aims to ban trade between Ireland and Israeli settlements in the occupied Palestinian territories. The bill was originally proposed by Independent Senator Frances Black.

2. What prompted Simon Harris’s comments regarding trade with Israeli settlements?

  • Taoiseach Simon Harris stated that Ireland would not wait for consensus from other European nations regarding trade with Israeli illegal settlements, emphasizing the need for a decisive stance on the issue.

3. Why is the OTB important to Ireland?

  • Proponents of the OTB believe it represents a significant step for Ireland in taking a moral stand against the humanitarian crisis in Palestine, reflecting Ireland’s commitment to international law and human rights.

4. What are the potential penalties for violating the OTB?

  • Individuals or entities that violate the OTB could face fines of up to €250,000 and/or imprisonment for up to five years.

5. How does the OTB impact trade between Ireland and Israel?

  • If enacted, the OTB would prohibit imports from Israeli settlements in the occupied territories, including the West Bank, effectively stopping Irish trade with Israeli companies and their subsidiaries.

Related News

Leave a Reply

Your email address will not be published. Required fields are marked *