Parts of Bill banning trade with illegal Israeli settlements ‘unconstitutional’

Ireland’s deputy premier said there are two parts of a proposed Bill banning trade with illegal Israeli settlements which are unconstitutional.

Micheal Martin said these parts of the Occupied Territories Bill need to be changed to withstand a legal challenge.

The amendments, however, are not likely to pass before the general election, Mr Martin added.

The Government has long claimed that the legislation would breach EU law, however following an advisory opinion from the International Court of Justice in July, the Fianna Fail leader said it had “changed the context” of legal advice.

The Bill was first tabled by independent Senator Frances Black in 2018.

Speaking on The Group Chat on Virgin Media One, Mr Martin said: “I had a meeting last night with Frances Black and her legal advisor in respect to the Bill.

“The Bill needs substantial amendments. I went through about 12 areas which, by the way, they also accepted. Why? To make it stronger, to withstand a potential legal challenge.

“The Attorney General did a comprehensive legal advice. Again, the International Court of Justice’s advisory opinion is a key new variable here.

“The legal opinion in respect of EU competency over trade hasn’t changed, the previous AG’s advice in respect of the unconstitutionality of aspects of this Bill, they can be rectified.

“There are two elements that are clearly not in line with our constitution of the existing Bill. So that has to change and that’s acknowledged.

“The key issue then is, how do we devise a Bill using the public policy area, within the trade agreements and within within the European Framework.

“That’s the way we’re going to try and create a narrow pathway to developing legislation, which would be the amendment of this Bill, so much so that we can ban imports from the occupied territories into Ireland.”

Mr Martin rejected suggestions there was a deliberate delay in asking for updated advice from the Attorney General following the opinion of the UN’s top court.

He said there was “nothing cynical” in the timing ahead of the general election.

“We’ve been the first Government to recognise a Palestinian state,” he added.

“There’s nothing cynical about this, in the sense that the International Court of Justice opinion was only in July, and I took action in respect of procurement of defence. I gave instructions to my department in respect of that.

“Elections come and go, there will still be a new government. Frances said to me last night, she actually reinstated this Bill after the last government.

“Don’t understate the legal difficulties here.”

Mr Martin also spoke about the Israeli Government refusing him entry to visit Gaza or Israeli-controlled areas of the West Bank during a visit to the Middle East in October last year.

He added: “The Israelis wouldn’t let us, wouldn’t facilitate an entry in. That tends to be the approach that Israel takes, which to me makes no sense.

“I believe what needs to happen now is that we do need the international community, either through political leaders and media, to be allowed access to Gaza.

“What’s happening in northern Gaza at the moment, and Philippe Lazzarini (commissioner-general of Unrwa) has just issued a statement in respect of it, is absolutely horrific, beyond any moral compass and needs to stop.

“There’s dead bodies on the side of the street. Unrwa (United Nations Relief and Works Agency for Palestine Refugees in the Near East) can’t get in there.

“Humanitarian workers, the few that were left, can’t continue to work and there are people starving and dying and it is shocking.”