Statement on the Occupied Territories Bill - Erin McGreehan

Statement on the Occupied Territories Bill

Fianna Fáil Senator Erin McGreehan has welcomed the statement by Tánaiste Micheál Martin on the Occupied Territories Bill.

Today, the Government considered the approach to be taken to trade with illegal settlements in the Occupied Palestinian Territory.

This follows confirmation from the Attorney General that the context of how we might move forward on this issue has now changed because of the International Court of Justice’s Advisory Opinion in July.

The Advisory Opinion found that Israel’s occupation of the Palestinian Territory is unlawful and should be brought to an end as rapidly as possible.

It further addressed the duty on all states not to render any aid or assistance in maintaining that situation. In particular, the Court stated that all states have a duty to distinguish in dealings with Israel between its own territory and the OPT.

This duty includes an obligation to take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the OPT. Ireland welcomed this Opinion and co-sponsored the subsequent adoption of a Resolution by the UN General Assembly, which was supported by 124 UN Member States.

As Michael Martin said at the time, the international community must turn its mind to implementation. This is more urgent than ever. The death and destruction in Gaza and the West Bank must stop.  Israel must fulfil its obligations under international law.

Today the Government decided that, in light of the Advisory Opinion and the advice of the Attorney General, the Bill will be reviewed and amendments will be prepared in order to bring it into line with the Constitution and EU law. 

There are a range of complex policy and legal issues to be resolved.

The Government is committed to taking forward this work, commencing with a review of the Bill, to be progressed in consultation with the Attorney General, relevant Ministers, and the Sponsor of the Bill (Senator Frances Black).

Trade is an exclusive EU competence and so the Government’s focus has been on achieving action at the EU level. I have consistently called for the EU to comprehensively review the EU-Israel relationship in light of the Advisory Opinion. The Attorney General has clarified that if this is not possible, there are grounds in EU law allowing States to take action at a national level. It is in that context that the Government will now look again at the Occupied Territories Bill.

It is the Government’s intention that any trade restrictions would focus on the Occupied Palestinian Territory.

This is one element of the Government’s approach to the devastating violence and the appalling humanitarian situation in Gaza and the West Bank. We will continue to demand an immediate ceasefire, the release of hostages, and a massive scale-up of humanitarian aid into Gaza.

We will also continue to urge EU Member States to consider the implications of the Advisory Opinion for EU-Israel relations, and for measures to be adopted at the EU level.

We remain convinced that a return to a political pathway and implementation of the two-State solution is the only way to establish lasting peace and security for both Israel and Palestine.

For further information reach out to Erin McGreehan.

ENDS

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