Occupied Territories Bill Delayed

The Occupied Territories Bill, aimed at preventing trade with areas of Palestinian land settled by Israelis, will officially be put forward to the Oireachtas Committee on Foreign Affairs next week. This move is a clear indicator of the Government’s solid support for the legislation.

In a discussion with Senator Frances Black, who initially proposed the Private Members’ Bill in 2018, Deputy Prime Minister Micheál Martin affirmed that the Government was ready to issue a money message for the legislation – a prerequisite for any non-Government legislation to proceed through the Oireachtas framework.

Despite the assertions from senior politicians that there was no likelihood that the Bill would be established as law prior to the general election, Ms Black viewed her meeting with Martin, who also holds the position of Foreign Affairs Minister, as an encouraging step before the election. She stated that both Martin and Prime Minister Simon Harris believed it was now Ireland’s duty to sanction the legislation.

“They will do everything conceivable to advance the Bill before the session ends,” she said.

“It’s disappointing that progress has been so slow, but I’m gratified that the Government has made progress.”

Ms Black mentioned that Martin had assured her that the Coalition had pledged at the Cabinet level not to initiate their own legislation, but to develop her Bill, which has been pending for six years.

“The Bill will see amendments, but these are mainly to enhance its robustness and guard against legal challenges,” said Ms Black.

“For the first time, every political party has officially expressed support for passing the Bill and preventing trade with the settlements this morning,” she declared, predicting that with this wide-ranging support, the Bill could be legally enacted shortly after the incoming Government assumes power.

The Bill has been consistently blocked by successive Governments since 2018 due to constitutional and EU law conflicts. However, following the International Court of Justice’s verdict last summer on the occupied territories, the Government has agreed that the political and legal environment has changed sufficiently for the Bill to be revisited.

After Tuesday’s Cabinet meeting, the Government released a statement saying that “the advisory opinion determined that Israel’s occupation of the Palestinian territory is illegal and should be terminated as swiftly as practicable.”

All states have a responsibility to refrain from supporting the current state of affairs, as specifically noted by the court. This involves distinguishing between Israel’s own lands and the OPT [Occupied Palestinian Territories] in their Israeli interactions.
Following a review, the Attorney General’s guidance on how to prevent violating EU laws or the Constitution will be taken into account. A memorandum will be drafted advising the Government on future actions, but this will only occur once a new administration has been established.
Regarding the Bill, Mr Martin voiced that a multitude of complex legal and policy issues need to be resolved, indicating that a prompt resolution of the legislation is unlikely. Opposition parties, once more, urged for discussion, amendment, and passage of the said legislation prior to the election announcement. This was at the same time as Mr Martin’s statement.
In Parliament, Mr Harris expressed his desire to avoid any form of controversy surrounding the timeline for the legislation’s passing due to its complexity. Ivana Bacik, the Labour leader, Holly Cairns, the Social Democrats leader, and Independent Member of Parliament Thomas Pringle, appealed for the Bill to be discussed, amended, and approved before the election is announced, pledging to assist in the debate.

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