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Israeli settlements are seen on the hilltops above the Palestinian village Jaba, in the West Bank. UPI/PA Images

Opinion There really is no excuse for a new Government not to pass the Occupied Territories Bill

Duncan Casey argues that the Bill, which would prohibit the import of goods from the West Bank, should no longer be delayed.

UNTIL RECENTLY, IRELAND did not blaze much of a trail when it came to human rights at home. The 20th century saw plenty of shameful treatment of vulnerable people, normalised by a deep and often blind devotion to a religious institution that preached a message of compassion.

“Fallen” women were ostracised and their babies often were taken from them, thousands of children were abused by pillars of their communities, a lot of damage was done. In Ireland, same-sex intimacy was illegal until 1993 and until last year, women had to travel to another island to terminate a pregnancy.

The 21st century has seen some improvements but there is still a long way to go. Recent events in the United States and ensuing Black Lives Matter protests have shifted the focus once again to our State’s reliance on Direct Provision. We are no gold star winners either when it comes to the rights of Travellers or people with disabilities.

A country evolving

Referendums on marriage equality and the 8th amendment to the Constitution in recent years have shown Ireland to be a very different place to the one that turned a blind eye to injustice for so long. Becoming the first country to legalise same-sex marriage by popular vote, we stepped forward on the international stage to declare that we are a society that believes people should be treated with fairness and dignity, regardless of who they are.

By taking that step forward, however, Ireland now has a responsibility to continue to lead the way internationally. The Occupied Territories Bill is an opportunity to do just that.

Originally tabled by Senator Frances Black in 2018, the Bill would prohibit the import of goods and services produced in illegal Israeli settlements in the Occupied Palestinian Territories, more commonly known as the West Bank. Having passed through the Seanad, the Dáil voted overwhelmingly in favour of the Bill, which passed Committee Stage in December 2019.

Six of the seven main parties support the legislation, with Fine Gael being the exception. It has become a sticking point in Government formation talks, with Fine Gael stating that the Attorney General’s advice is that it may contravene EU law. This advice has not been published, and there has been plenty of international legal opinion to the contrary.

It is worth remembering that acting Attorney General, Peter Sutherland, said the same thing about calls for a ban on importing fruit from South Africa during the apartheid era. The brave actions of Dunnes Stores workers caused Ireland to lead the way then, and in a similar fashion, Ireland can lead the way now.

The issue of Israel and Palestine is an emotive one for many, as illustrated by the reaction that the Bill has received since first introduced in the Oireachtas. Former Minister for Justice Alan Shatter has slammed those supporting the Bill, as well as suggesting they would choose not to take a vaccine for Covid-19 were it made in Israel. In the midst of tense discussions around such a divisive issue, it is crucial to stick to the facts.

What are the facts?

It is a fact that Article 49 of the Fourth Geneva Convention prohibits an occupying power from moving its civilians into the territory it occupies, and that Article 8.2 of the Rome Statute of the International Criminal Court defines such actions as a war crime.

Since occupying the West Bank in 1967, Israel has transferred over 600,000 of its citizens to live in settlements there and provides financial incentives for people to do so.

It is also a fact that the European Union has declared settlement construction anywhere in the West Bank to be illegal, and that the United Nations Security Council has called on Israel to cease their construction. It is, undeniably, a gross violation of international law to continue to do so – and neither ‘fanatical’ nor ‘extremist’ to believe such laws should be respected.

It is a fact that Israeli Prime Minister Benjamin Netanyahu, awaiting trial for corruption, publicly stated that Arab votes were “not part of the equation” in the aftermath of the recent election. He plans to annex parts of the West Bank completely, as he promised in 2019. This will be a further step towards the elimination of any potential Palestinian state and any prospect of lasting peace.

The lives of Palestinians have already been brutally impacted by the occupation. A separation barrier, the so-called ‘apartheid wall’, runs through hundreds of kilometres of the West Bank. I have experienced the checkpoints around the territory myself – people are treated like livestock.

Those travelling to Jerusalem for work start queueing between 3 am and 4 am each morning. Access to water is severely restricted, with Palestinians in the West Bank consuming a quarter of the amount that Israelis do. Settlements are fully serviced by separate water infrastructure which Palestinians cannot access.

upi-20191223 Palestinians walk past graffiti on Israel's separation wall in the biblical town of Bethlehem, West Bank, December 23, 2019. UPI / PA Images UPI / PA Images / PA Images

Additionally, hundreds of residential structures were demolished in the West Bank in recent years for lacking construction permits, which are impossible for Palestinians to attain.

Propping up the system

Importing goods and services from settlements legitimises and normalises something that is inherently illegal. It makes a mockery of the world’s supposed commitment to a two-state solution to condemn them on one hand while doing business with them on the other.

The Occupied Territories Bill will not send shockwaves through the Israeli economy. The value of imports from settlements is estimated to be a modest €1 million. It will, however, allow Ireland to lead by example and show its counterparts in Europe and beyond that rogue states should not be allowed to repeatedly ignore the law without consequence.

If international treaties, conventions, resolutions and commitments only exist to pay lip service to human rights and justice in the world, then what is the point? For too long, the responses here and elsewhere have been statements of concern and other platitudes, with no concrete action. There is now an opportunity for Ireland, a small country that punches above its weight, to play an influential role in shaping international opinion towards this issue.

The Bill has been passed in both the Dáil and the Seanad. There is no excuse for any further delay, and efforts to block it can only be viewed as undemocratic. The people of Palestine are relying on us to show leadership and do what is right. It would be a tragedy for us to fail them.

Duncan Casey is a former professional rugby player for Munster and FC Grenoble who has been a vocal supporter of the campaign for Palestinian rights for many years. He has visited Israel and the West Bank as part of his advocacy work.

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    Mute Marty from Sligo
    Favourite Marty from Sligo
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    Jul 22nd 2019, 3:45 PM

    I think Pat has every right to object to planning permission like any other citizen it’s all within the law.

    485
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    Mute Daithi Ó Raghallaigh
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    Jul 22nd 2019, 3:50 PM

    @Marty from Sligo:oF course he does who would seriously want an apartment block looking down on their house.

    369
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    Mute Gerry Campbell
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    Jul 22nd 2019, 11:07 PM

    @Marty from Sligo: and to tip off now with his tail between his louis copeland clad,legs….

    23
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    Mute Ger
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    Jul 22nd 2019, 3:51 PM

    Pat Kenny wrecks my head and I could fill this post with enough negative opinions to get it deleted but I have to say that I’m in agreement with him here. I’m familiar with the site and can’t for the life of me figure out how planning permission has been given for this development. There is no doubt that Kennys house and garden will be impacted and overlooked and it will drive the price of his house down. I don’t have sympathy necessarily, just in agreement with him.

    258
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    Mute Manbackonboard
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    Jul 22nd 2019, 4:22 PM

    @Ger: I really like his radio show on Newstalk. Rarely does he discuss a topic that I’m not interested in.

    141
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    Mute Whoswho
    Favourite Whoswho
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    Jul 22nd 2019, 6:23 PM

    @Manbackonboard: Rarely is anything he says of any interest!

    61
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    Mute Bobby Daly
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    Jul 23rd 2019, 9:52 PM

    @Whoswho: he knows politics inside out, very brainy man.

    1
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    Mute saoirse janneau
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    Jul 22nd 2019, 3:53 PM

    karma after how bitter his dispute with his neighbour went a few years ago.

    266
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    Mute Peter Hughes
    Favourite Peter Hughes
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    Jul 22nd 2019, 7:28 PM

    @saoirse janneau: High court will throw it out, cannot have their toff neighbors getting upset now can they lol.

    30
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    Mute Greg Dunne
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    Jul 22nd 2019, 3:56 PM

    Poor auld pat hasn’t a great relationship with his neighbours. If he’s not trying to claim squatter rights on a patch of land owned by a neighbour, he’s objecting to planning for homes

    241
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    Mute James Wallace
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    Jul 22nd 2019, 4:00 PM

    @Greg Dunne: his neighbours are with him on this one

    87
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    Mute Darius Guppy
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    Jul 22nd 2019, 5:05 PM

    @James Wallace: actually the family he took to court after the land grab are the same family that used to own the house which is now being developed.

    106
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    Mute Russel Steapot
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    Jul 22nd 2019, 8:57 PM

    @Darius Guppy: If that’s true it’s beautiful karma.

    Karma will always come back to bite you in the ass folks. Be nice to others.

    37
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    Mute Simon Palmer
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    Jul 23rd 2019, 10:34 AM

    @Greg Dunne: His neighbours opposed it too. The apartments will be overlooking their kids’ bedrooms.

    1
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    Mute Bobby Daly
    Favourite Bobby Daly
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    Jul 23rd 2019, 9:56 PM

    @Russel Steapot: ye man because only bad things happen to bad people. Do you ever wonder what all those starving people in Africa done to deserve the life they have. You actually believe, what goes around comes around. Ha

    1
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    Mute Liam Meade
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    Jul 22nd 2019, 3:46 PM

    “Ahh! poor pat has t have human beings
    living beside him”

    198
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    Mute Whoswho
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    Jul 22nd 2019, 6:22 PM

    @Liam Meade: He doesn’t have a right if he’s going on about the housing crisis on his radio show and giving out about people appealing.

    62
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    Mute Peter Murphy
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    Jul 24th 2019, 6:51 PM

    @Liam Meade: And who knows ,perhaps these appartments might be used to house some migrants, you know the ones pat is forever telloing everybody else to accept with open arms. Oh the irony.

    9
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    Mute Wild Goose
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    Jul 22nd 2019, 4:00 PM

    I’m with Pat on this. It’s an outrageous decision and what’s the point of having a Planning Inspector if he is going to be overruled. Now what’s that whiff?

    120
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    Mute Bobby Daly
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    Jul 23rd 2019, 9:58 PM

    @Wild Goose: i smell an envelope full of cash

    6
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    Mute Josh Hanners
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    Jul 22nd 2019, 3:59 PM

    As Pat has such an aversion to people living near him, would he not buy a house in Donegal?

    125
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    Mute Gerry Ryan
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    Jul 22nd 2019, 5:15 PM

    After 40 years of propping up the established order faithfully it must be galling for Pat that the established order didn’t care.

    73
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    Mute Daithi Ó Raghallaigh
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    Jul 22nd 2019, 3:48 PM

    An Bord Pleanála never get it wrong. Don’t think any riff-raff will be moving in there, they will go for a small fortune.

    63
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    Mute Jointheclubtoo
    Favourite Jointheclubtoo
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    Jul 22nd 2019, 4:26 PM

    @Daithi Ó Raghallaigh: Just because they will go for a small fortune doesn’t mean there will be no riff raff moving inn. What you meant was no working class plebs can afford them, right?

    90
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    Mute Owen Lynch
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    Jul 22nd 2019, 6:09 PM

    @Daithi Ó Raghallaigh: There is riff raff there already.

    34
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    Mute Irish big fellow
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    Jul 22nd 2019, 5:13 PM

    What % will be social housing?
    I suppose none. Why is that the case?

    47
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    Mute John R
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    Jul 22nd 2019, 6:32 PM

    There are a number of very strange decisions coming out of An Bord Pleanala. They reject the views of the local authority and they reject the views of their own inspectors. The justification they appear to offer is very vague unlike the rejections offered by the local authorities and their own inspectors. The problem is simply this. If people feel that an appeal board can make arbitrary decisions without reference to established facts, evidence and precedence then public support will collapse. Ultimately local authorities must determine how areas are to be developed. Now we have An Bord Pleanala making very fundamental decisions with no democratic accountability. One may not like the approach of certain local authorities but this is not to way to better development.

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    Mute Paul A Whelan
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    Jul 22nd 2019, 7:33 PM

    @John R: agree completely.

    17
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    Mute John Murphy
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    Jul 22nd 2019, 7:06 PM

    Delighted, this man earned most his money from us, yet he would not want any of us living near him, god bless the board

    49
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    Mute Wild Goose
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    Jul 22nd 2019, 7:36 PM

    @John Murphy: No need for that at all you narrow minded moron.

    23
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    Mute Anna Kavanagh
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    Jul 22nd 2019, 4:55 PM

    The issue here is that it is the second time this month that An Bord Pleanála ignored their inspectors’ reports and granted Bartra Property planning permission. Earlier in the month after a protracted planning struggle they granted Bartra permission to build a number of housing units at Bulloch Harbour.

    https://www.google.ie/amp/s/www.irishtimes.com/news/environment/housing-development-at-bulloch-harbour-in-dalkey-gets-go-ahead-1.3944131%3fmode=amp

    45
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    Mute Dave Doyle
    Favourite Dave Doyle
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    Jul 22nd 2019, 5:13 PM

    @Anna Kavanagh: The planning inspector ignored on two occasions involving the same company? If that doesn’t raise a bad smell nothing will.

    84
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    Mute Eimear
    Favourite Eimear
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    Jul 22nd 2019, 7:19 PM

    @Anna Kavanagh: maybe some kick back going to that developer… twice in one month but Sus

    15
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    Mute Aidan Mccullough
    Favourite Aidan Mccullough
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    Jul 22nd 2019, 6:50 PM

    This must be a shock for Pat. The old boy network normally looks after it’s own.

    41
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    Mute Gary Stevenson
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    Jul 22nd 2019, 4:59 PM

    So in lay man’s terms,who ever lives in these apartments will be looking down on the Kenny’s,

    42
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    Mute Paul Brierley
    Favourite Paul Brierley
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    Jul 22nd 2019, 4:09 PM

    Must be very high tides down that neck of the woods in you can anchor your boat to Pats house!

    39
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    Mute Jointheclubtoo
    Favourite Jointheclubtoo
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    Jul 22nd 2019, 6:17 PM

    @Paul Brierley: They are walking on the Plank.

    13
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    Mute sean de paore
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    Jul 22nd 2019, 5:47 PM

    Pat is excellent on Newstalk. Unlike those two morning fellas and Dr Kelly.

    39
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    Mute Count Craicula
    Favourite Count Craicula
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    Jul 22nd 2019, 6:49 PM

    Could he not just have claimed squatter’s rights on the plot?

    30
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    Mute Top Horse Shop
    Favourite Top Horse Shop
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    Jul 22nd 2019, 4:33 PM

    Something smells a bit “fishy ” about
    this one !!!

    34
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    Mute John Mc Donagh
    Favourite John Mc Donagh
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    Jul 22nd 2019, 8:16 PM

    I can sympathise with him ——-It must be terrible to have to face the prospect of having lots of ordinary people living all around you.

    29
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    Mute Bass demon
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    Jul 22nd 2019, 11:03 PM

    Any of these privileged toffs in these leafy areas would object to a garden shed being built in the neighbouring garden most of them have acres of land around them that is unused and unnecessary ,It’s about time that planning authorities started cracking the whip and approved new developments in these zones as most working and middle class areas are are over developed with very little room for any more accommodation to be built.

    24
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    Mute Joxer23
    Favourite Joxer23
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    Jul 22nd 2019, 5:45 PM

    Can understand Pats concern at the invasion of the privacy of himself and his neighbours and there is also the matter of the destruction a lovely little stretch of coastline

    24
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    Mute Sportmad
    Favourite Sportmad
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    Jul 22nd 2019, 5:32 PM

    This seems to be the Practice in planning all over Limerick have a few high rise planning applications in residential areas but the lack of road network in areas does not matter I seen a plan near me that will see the traffic increase by over 500 cars beside a school that is already in chaos with cars.
    The council have no say over it..
    Networks need attention in all planning applications but never are.. feel sorry for Pat..

    17
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    Mute Robbie Clancy
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    Jul 22nd 2019, 5:09 PM

    Why did I already have my mind made up before I even read the article.

    15
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    Mute Ken Mac Iomaire
    Favourite Ken Mac Iomaire
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    Jul 23rd 2019, 10:55 PM

    Pat stop spending money on legal fees pack up and just leave the country already.

    7
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