2026-03-26

70. Deputy Donnchadh Ó Laoghaire asked the Minister for Foreign Affairs and Trade the progress on the drafting of the Israeli settlements in the occupied Palestinian territory (prohibition of importation of goods) Bill 2025; if she will outline the recent advice she has received from the Attorney General; and if she will make a statement on the matter. [23431/26]

This question has been frequently debated in recent months and years. The Government was elected on the basis of both parties committing to pass the occupied territories Bill, not a watered-down version of it. In any event, the progress we have seen on any occupied territories legislation has been quite halting since the election of this Government. When are we going to see that Bill on the floor of the Dáil?

I thank the Deputy for raising this question. He is right that this something we have debated and discussed many times, and not just the Bill itself but the ongoing devastating conflict in Gaza in the Middle East. That conflict has now, unfortunately, escalated and widened and is now including many more innocent civilians. Everything that this Government and the previous one have done and everything the people of this country have done has been with the sole intention of making sure we can bring about a lasting peace. It is about making sure that those innocent civilians who are impacted by this ongoing conflict are protected and assisted in every way possible and that we have a pathway towards a two-state solution. That is something that we all agree on here and that we all want to achieve. Whether it is the recognition of Palestine, decisions we have taken at European level, the humanitarian assistance that has been provided or progressing this legislation, every objective here has been to ensure a lasting peace and to protect civilians on the ground. The Bill itself is not straightforward and we have always been very clear in saying that, given the need for any legislation to be implementable on the ground but also the fact that requests on the legislation and the possible scope of it have changed and varied. In June 2025, the Government approved the general scheme of the Israeli settlements in the occupied Palestinian territory (prohibition of importation of goods) Bill. The main purpose of the Bill is to prohibit the importation of goods into the State from Israeli settlements in the occupied Palestinian territory, in line with the programme for Government commitment. Legally, the regulation of external trade in services is considerably more complex than is the case with goods at EU level. Obviously, the Oireachtas committee itself had done a body of work on this and had asked for this to be looked at. There is greater complexity when it comes to implementation than is the case when it comes to trade in goods. The Government has received the Attorney General’s advice on the question of whether the inclusion of services in the Bill is permissible under EU law. As the Deputy can appreciate, I cannot discuss here advice provided by the Attorney General to the Government but what I can say is that the advice reflects the very significant difficulties that going beyond our programme for Government commitments and adding a prohibition on services to the legislation would entail. Following detailed consideration by my Department, clarification has been sought from the Attorney General on a number of legal issues related to the advice provided and I expect to receive that very soon.

My concern and that of a lot of people is that we are going to continue with this dance whereby the Attorney General sends something across to the Government, the Government looks for clarification, the Attorney General sends something back and we are at this slow-bicycle race forever. The urgency of this is very clear. For all of the talk of the ceasefire, the Board of Peace and so on, the situation on the ground is desperate. The Minister is quite aware, I am sure, that at the minute aid organisations are being restricted from going into Gaza and that settler violence is on a scale we have not seen in quite some time. Torture is being used. There is the appalling story of a two-year old child being tortured in front of his father with a view to extracting who knows what. There is talk of sexual abuse in forms of interrogation and many other appalling stories are coming out of Gaza, all because there has not been accountability. It is important that there is accountability. There are actions Ireland can take. I would not overstate our influence but we should use what leverage we have and this is clearly one instance of it. We need to get this Bill onto the floor of the Dáil and debate it. Let us have the debate on the amendments. We currently have no clear sense of when this is going to come forward and that is not acceptable.

I agree with the Deputy that what is happening is appalling. I fully agree that what we are seeing is appalling. The ceasefire is not a proper ceasefire. Over 400 people have been killed since then and proper aid is not being let in. I visited the area myself at the beginning of the year and saw that goods that are by no means, or could ever be described as, a threat are not being let in. Enough food is still not being let in. We are doing our utmost. Our focus, and my priority at the outset, is to ensure that aid gets in because that is the most immediate need. Parallel to that, we need to determine how we stop what is escalating in the West Bank. I fully agree we are seeing an increase in settler violence and displacement. What I also know, from talking to my European colleagues and from the actions we have taken in the past that have helped to lead us the ceasefire, albeit an imperfect one, is that we are most effective when we act in unison and work together at a European level. A number of European countries are progressing legislation and looking at what we are doing as well. We are engaging with them, and where we make movement together and where we are looking at legislation that can actually be enacted and be impactful, we can make a bigger difference. That does not mean we are not doing anything in the meantime. We are providing assistance and increasing our assistance in ways other countries are not. We are also calling at every opportunity for progress on the peace board, the board that has been put in place to try to develop and ensure that people on the ground are starting to see a normal way of life again. However, a lot more work needs to be done and I appreciate that.

The manifesto commitments were different from the programme for Government commitments but both Government parties had access to the Attorney General's advice at that point, which was that while it is challenging to do, there is no particular obstacle to acting on services as well as goods. The Minister talked about other European countries. Ireland is now but one of five that are examining this. One of those, Spain, has effectively completed the action and another, Slovenia, is quite well advanced, as I understand it. Spain has been able to bring services into the ambit of the legislation, albeit in relation to advertisements. The fact that Spain has been able to do that and that there have been much less successful infringement proceedings against the Spanish Government demonstrates that it is possible to do this under EU legislation that there is no obstacle to acting on services. What I want to know from the Minister, first and foremost, and I ask her to be as clear as possible, is when a Bill is going to come before these Houses. When are we going to be able to debate it and pass it?

In terms of the programme for Government commitment, it was relating to goods and we were very clear on that. The Oireachtas committee then asked that we would look at services and it is important that we engage with the committee and its recommendations on any legislation. That was the advice that was asked of the Attorney General and that was the advice that I received soon after coming into the Department, just before Christmas. Questions needed to be asked and those have been asked of the Attorney General. I expect to get a response from him soon. Once we have that response, we will progress the legislation. It is not the case that we receive a Bill and it moves straight into the Houses. There is always engagement with the Attorney General. I would again stress that where we have made real progress for people on the ground and seen the ceasefire progress and where pressure has been put on Israel and other parties, it is where we have worked together, not where one country has moved forward on its own but where we have moved forward collectively. I agree with the Deputy that what is happening on the ground is appalling. It is not acceptable and it is not in line with the ceasfire or what has been agreed. In fact, when I met with colleagues in Washington from all sides of the houses, both Republican and Democratic, they all agreed that what is happening in Israel, and in the West Bank in particular, is illegal and is not appropriate and they want it to stop as well. We are all on the same page. The question is how we exert pressure and make progress? It is by working together, in unison.