Micheál Martin, the Tánaiste, has announced his intentions to submit a memo to the Cabinet on Tuesday, delineating the steps necessary for the enactment of the Occupied Territories Bill. However, he cautioned that there’s a possibility the bill won’t be passed within the current Dáil term.
Martin confirmed that governmental officials sought and received legal counsel from Attorney General Rossa Fanning about the Occupied Territories Bill. This bill, introduced for the first time in 2018 by Independent Senator Frances Black, has garnered support across different parties in the Oireachtas. The bill’s objective is to criminalise in Ireland the act of importing, planning to import or assisting another person in importing goods manufactured in Israeli settlements, deemed illegal by the UN and the majority of countries as per international law. However, concerns of violation of EU trade law have hindered the bill’s progress.
With the current status of the bill being unconstitutional due to its existing provisions and indicated issues requiring significant amendment required, Martin mentioned that it would take considerable time to legislate the bill.
He drew attention to the altered circumstances in the aftermath of the International Court of Justice’s advisory opinion stating Israel doesn’t have the right to claim sovereignty over any part of Palestinian territory.
In an advisory statement released in July, the International Court of Justice supported the right to self-determination of the Palestinians as “inalienable”, meaning that Israeli security concerns cannot overlook the principle that bans territory’s acquisition through force.
Since the context has transformed because of the advisory opinion of the International Court of Justice, Martin believes any legislation should place itself within this context – the attorney general has offered exhaustive advice on this, he added.
Martin stated that the recent judgement by the European Court of Justice, which invalidated farming and fishing agreements between the EU and Morocco from 2019 due to non-consent of western Sahara’s people, needs to be considered by the Government.
“We need to take this case into consideration as we find a way to apply the public interest clause in trade to essentially argue that matters of public policy permit us to halt exports or imports from or to the Occupied Territories. I have been discussing this issue with Frances [Black]. However, it’s a complicated route to take, and it’s unwise to assume it isn’t,” said Mr. Martin. He also expressed his doubt that the bill would be passed prior to the disbanding of the current Dáil later this year.
On a separate note, Mr. Martin dismissed the possibility of formal transfer agreements between Fianna Fáil and its coalition partners – Fine Gael and the Green Party. Nevertheless, he expressed his confidence that voters would alternate between these parties due to their broadly alike centrist approach to economic management.
In his view, the General Election would be contested over issues such as the cost of living, housing, health services, crime prevention, and climate change mitigation. He believed that voters would recognise the shared viewpoints of the three parties on these topics.
Mr. Martin underscored that Fianna Fáil would run its campaign independently, in alignment with its own interests and priorities. He anticipated Fine Gael and the Green Party to follow the same strategy, with the expectation of fluid transfers between the three coalition partners.
“While there won’t be any formal agreements, we’ve seen evidence from the local elections showing voters choosing to transfer based on the preferences and priorities surrounding our country’s economic model, the pro-business model. Also, there is a pressing need to protect and promote this model,” he said.