LAST UPDATE | 16 Oct
TAOISEACH SIMON HARRIS has indicated Ireland will go it alone if it has to in taking action on trade with Israeli settlements in the Occupied Palestinian Territories, regardless of where the rest of the EU stands.
Harris told reporters in Brussels today that following the International Court of Justice’s advisory opinion in July that Israeli settlements in Palestine breach international law, it is essential for countries to take action.
“The context has very much changed since the ICJ advisory opinion has been given in July,” Harris said.
“In fact, I would go so far as to say it is now no longer a discretion on countries that support the ICJ, it is an obligation to take actions to help give effect to that opinion.”
Speaking to reporters before the first summit meeting between EU leaders and leaders from the Gulf Cooperation Council, Simon Harris said the Attorney General would give the government formal advice on the issue next week.
Yesterday, Tánaiste Micheál Martin detailed the “divide” between politicians across the EU on whether the bloc should sanction Israel over its illegal occupation of areas in the West Bank and Palestine.
Ireland and Spain are among the only countries to have consistently called for the EU’s trade agreement with Israel to be reviewed in the context of the International Court of Justice’s advisory opinion.
Harris today said the continued refusal to move on the trade review makes him believe that Europe has not used “every lever at its disposal” to show solidarity with the Palestinian people, who are currently being killed in their thousands in Gaza.
Asked if he believes if his comments will cause a further divide – or even some confrontation – between Ireland, the European Commission and other leaders, the Taoiseach said he did not.
He added: “I’m not here to have controversial confrontation with anybody. In fact, I’m here to take steps that can help bring about peace and political dialog. I absolutely understand that trade is an EU competency. I absolutely support that reality.”
Harris said Ireland is prepared to move forward with its own legislation on the matter which would ban trade between Ireland and illegal Israeli settlements in Palestine - if the EU continues to reject a review.
Speaking in the Dáil yesterday, Harris said there are “significant issues” with the Occupied Territories Bill, which was first proposed in 2018 and has not yet been fully passed in the Oireachtas, but that the ICJ ruling is “potentially a game changer” in assisting its legality.
Harris said that the AG’s advice would be presented to Cabinet next week and that he would engage with opposition parties on potentially progressing the legislation.
It is unclear, however, whether this will take place and whether the government would consider alternate legislation.
Harris is in Brussels to two days where tomorrow he will attend a meeting of the European Council. The situation in the Middle East will feature prominently during both meetings this week.
Harris said before his meetings this week that he and the Prime Minister Sanchez will again to call for a review of the EU-Israel Association Agreement.
The politician who drafted the Occupied Territories Bill in 2018, Independent Senator Frances Black, has refuted claims that there are legal barriers outstanding with the proposed legislation.
Before the ICJ’s opinion earlier this year, it was difficult to determine, in law, what was viewed as an ‘occupied territory’. There were also extensive complications due to the EU single market.
Since the ICJ opinion, Government leaders have said the “context” of the law has changed and has made the possibility of introducing such legislation possible – as States who are members of the ICJ must draft laws in line with its rulings.
Yesterday they the Taoiseach and Tánaiste both said that there would still have to be changes made to the Bill so that it is compliant with EU law. Speaking today however, Black said it would not have to be changed, and it was only a “question of political will”.
“I’ve said consistently, since I first tabled the Occupied Territories Bill in 2018, that Ireland can do this,” she said.
“The ICJ ruling in July has simply put the legal question beyond any reasonable doubt,” she said, adding that it was “encouraging” to hear that new advice from the Attorney General reflects as much.
Black added that improvements and “small changes” can be made, but insisted that the bill was “ready”.
“The seriousness of what’s happening, the devastation in Gaza and across the West Bank, demands that we pass it urgently.”
Additional reporting by Press Association and Diarmuid Pepper
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