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THE OCCUPIED TERRITORIES Bill is fully compliant with EU trade rules, according to new expert legal opinion given to Senator Frances Black.
The Bill, which is due to be voted on by the Seanad next Wednesday, aims to prohibit Ireland from trading in goods and services from Israeli-occupied territories by prohibiting “the import and sales of goods, services and natural resources originating in illegal settlements in occupied territories”.
Despite government opposition, the Bill has cross-party support from Labour, Sinn Féin, Fianna Fáil as well as independent senators.
Members within government such as Transport Shane Ross, Minister of State for Disabilities Finian McGrath and Junior Minister for Jobs and Skills John Halligan have all voiced their support for the Bill, causing a bit of a headache due to government stating it opposes the proposed legislation.
Voicing his concern about the Bill earlier this year, Tánaiste Simon Coveney recognised that to prohibit the import and sales of goods from the territories would “send an important signal to the Palestinian people”.
Government opposition
However, he argued that the memory of such a signal may fade over time and Ireland’s reputation would be of a country willing to go it alone, rather than a country determined to influence, persuade and bring others with Ireland.
Questions were also raised about whether Ireland could act solo by banning the trade on goods from the region, with the government said to be relying on advice from the Attorney General that finds because trade is an EU competence, individual EU member states cannot impose trade bans unilaterally.
A number of legal experts, including Senator Michael McDowell, who is also a former Attorney General, disagree with that advice.
The new advice, written by Professor Takis Tridimas, an expert in EU law at King’s College London and a practicing barrister with an extensive record before the European Courts, concludes that the Bill is fully compatible with EU law.
The professor, who is regularly cited by the Irish Supreme Court, as recently as July 2018 by Mr Justice Peter Charleton, states in his opinion that the law is very clear.
He states that while trade is an exclusive competence of the EU, EU law also provides that individual Member States can introduce restrictions on trade when they can be justified as a matter of “public policy” (under Article 36, TFEU).
Violation of international law
He adds that the restrictions on trade in the Occupied Territories Bill are justified on this basis because the settlements violate international law.
“There is […] no doubt that the prohibitions included in the Bill seek
to promote the objectives of, and give effect to, fundamental rules of international law which also bind the EU,” Professor Tridimas writes in his 19-page opinion.
He adds the “prohibitions contained in the Bill are intended to provide effective protection to the right to self-determination and by no means exceed what is necessary for this purpose…”.
Speaking to TheJournal.ie, Senator Black said the government has strongly condemned the settlements, saying they are illegal under international law, constitute an obstacle to peace, and threaten to make a two-state solution impossible. This is also the longstanding position of the EU and the UN.
However, in opposing the Bill, the Tánaiste has relied on the unpublished advice from the Attorney General.
Black called on Coveney to publish the advice from AG, so that all parties could see the reasoning behind the government’s stance.
Professor Tridimas’ opinion shows that Ireland has the legal capacity to pursue this, she said, adding this can only be done “if the political will is there”.
“I would love to see it [the AG's advice to government]‘, Black told TheJournal.ie.
Two-State solution
Like the government, she said she too supports a two-State solution between Israel and Palestine, but she said peaceful negotiations are needed for that to become a reality.
“The settlements are illegal and that is just wrong. It is nearly an apartheid regime at this stage in Palestine,” she said, stating that people are being prevented from walking down their own road, with new settlements being built daily.
This week Airbnb said it would withdraw listings for rentals in Jewish settlements in the occupied West Bank, ahead of the release of a Human Rights Watch report criticising the inclusion of settlements.
Israel strongly denounced Airbnb’s decision and threatened legal action against the company, while Palestinian officials welcomed it.
Senator Black said Airbnb is not a charity but a very big company which has chosen to take such action. “Even they are recognising the issue with the settlements,” she said, and questioned why the Irish government would not take its own action and support her Bill.
Speaking last weekend, Coveney said Ireland could be forced in to recognising the State of Palestine if there is no further progress on the Middle East peace talks.
“If we see no prospect of a movement in the direction of a real peace negotiation in an effort to ensure that we recognise that the only solution can be based on two-state solution we may have to reassess government’s approach in relation to recognition,” he said.
Dublin is to host a Middle East summit in the new year, dealing specifically with the ongoing Israeli-Palestinian conflict.
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About time, next step is to recognise Palestine as a state, You can`t have a 2 state solution without 2 states.
@Pixie McMullen: but Palestine doesn’t recognize Israel.
@paul jones: that’s a ridiculous statement.
@Pixie McMullen: Palestine rejected its own state 5 times . https://youtu.be/76NytvQAIs0
@Paul Smith: not true. Your Youtube evidence is not credible. Fake News
@Ray Murphy: Please point out the untruths Ray? I watched it and its on the money.
@paul jones:
Israel doesn’t recognize Palestine, which is shown by
the establishment of Israeli settlements in the Israeli-occupied
territories which is illegal under international law
@Pixie McMullen: what about Tibetan population and there rights for independence from China we never here any discussion from pro Palestinian supporters in the west which I find very puzzling..
@paul jones: You’ve obviously never heard of the mutual recognition letters.
No reason for FG to oppose the bill now.
@Denis McClean: doesn’t seem very legal to me. However, it might say something that’s internationally effective, about occupation policies everywhere, when we are dragged to the European courts.
@Denis McClean: I’d be very interested in hearing why the AG, Seamus Woulfe, thinks the bill is incompatible with EU law. International law is entirely clear with regard to the illegality of the Israeli settlements and EU law is entirely clear that Ireland has choice as to whether it wants to trade with those illegal settlements or not. The AG’s role is to offer the State sound legal advice, not to be a yes man for the Government of the day. His advice on this matter needs to be published.
As long as this is not used to single out the Israeli occupation, but all occupations, including the Turkish occupation of Northern Cyprus, then I would fully support this. And, as a commenter above me stated, recognising Palestine as a state, on par with our recognition of Israel, should be the next logical step.
@Brian Ó Dálaigh: The problem with Cyprus is North Cypriot’s who consider themselves as ethnic Turks don’t see themselves as occupied. Although I agree the island should be reunited as one political entity. So its a little different from Palestine.
@Charles Williams: A substantial number of the population of North Cyprus is from mainland Turkey, and not Cyprus. Yes, there are indigenous Cypriot Turks, just as there are indigenous Jews from places in the West Bank such as from Hebron and the Old City of Jerusalem who were expelled after the Jordanian annexation. Obviously, no two conflicts are ever going to be exactly the same (and I’m looking directly at those who try to compare the Troubles of Northern Ireland with the Israeli-Palestinian conflict). But, just like Israel, Turkey seized land in an illegal war, set it up as a separate jurisdiction, kicked natives off their lands (in Cyprus’ case, total ethnic cleansing), built a separation wall, and imported illegal settlers. Yet, no one ever calls for Turkey to be condemned.
@Brian Ó Dálaigh: Agree. and while we’re at it, Russia’s occupation of Crimea and Eastern Ukraine.
@Charles Williams: Does that suggest that the millions of ethnic Turks in Germany, or large settlements of any nationality in recognised states , can split a country?
Cyprus was invaded by Turkey, as was pre 1956 Palestine by Israel, & these will never be accepted by the occupied states, nor can they be recognised internationally.
Please learn the lessons of history, including that of Ireland.
@Patrick Purcell: and while we’re also at it Britain’s continued occupation of Norn Irn!!!!!!
@Brian Ó Dálaigh: the bill doesn’t even mention Israel , it’s simply a statement backing up the rule of law and handling stolen goods
@Ibhar Mac Suibhne: I know, Ibhar. I also know that the bill was brought in specifically with Israel and the West Bank in mind. The entire debate has been based on the Israeli-Palestinian conflict. The language in the bill, however, doesn’t specify which occupied territories. I just hope the proponents of the bill follow through on the bill’s wording and apply it to all occupied territories.
@Patrick Purcell: the only issue with that comparison is the population voted overwhelmingly to rejoin Russia so do not consider themselves occupied at all but in fact reunited. You must remember Crimea only became a part of Ukraine in the 50s.
@Micheal S. O’ Ceilleachair:Britain didn’t occupy NI . Britain didn’t exist until 1707 .
@Brian Ó Dálaigh: And British occupation of 6Counties!
Fine Geal – the party of criminality, look at all the laws they break day in day out:-
* won’t ratify this bill which basically wants to reinforce the law for handling stolen goods,
* Regina Doherty s Dept daily breaks the law with their job path Trus Nua scam, even though the high court has rules against them !
* Fine gael has illegally signed us up to a European Army PESCO with no debate or referendum.
* Refuses to stop and search US military flights in and out of Shannon in breach of our nuetrality
* Refuses to pursue any of the finding of the Moriarty Tribunal
* Refuses to go after any of the bankers and refuses to adequately fund or disband the office of corporate enforcement
The list goes on…
My territory is under occupation right now. I don’t hear about anyone going off to the Dail toilet or making a motion about that.
@Patricia McCarthy: what territory is that?
@Brian Ó Dálaigh: The Golden Vale. Occupied since 1874. Ratified by the so called ‘republic’.
@Patricia McCarthy:
Don’t they have to be on the toilet to pass the motion?
If there was a two state solution HAMAS would most likely win any election there….They would turn the state even if it was demilitarized into another Gaza….HAMAS are allined with Muslim Brotherhood in Egypt and Sunni Jahadis in Syria….Partially funded by Saudi Arabia…Not sure the 2 million Arabs who live in Israel would want such a state….
@iComment: but it wouldn’t be up to the 2 million Israeli Arabs. It would be up to the Palestinians.
@iComment: Spoken like a true colonialist.
It’s nobody’s business who wins elections in a state except the people of that state.
Hamas was democratically elected by the Palestinian people, end of story. Election was internationally monitored, by Jimmy Carter amongst others.
And Hamas was initially encouraged and funded by Israel in an anti-Fatah function.
You do know that Israel tried to kill the leader of Al Fatah, Arafat, many times? Not very democratic. In the end they probably poisoned him.
The problem in Gaza, the West Bank and the Golan Heights is THE ISRAELI OCCUPATION!! The day after Israel leaves Palestinians can start to recover from fifty years of brutal military occupation and start to rebuild their state.
How about we insist that the USA gives Texas & California back to Mexico while were solving the world’s problems and ignoring our own.
@Thomas Sheridan: How about go back to bed your obviously over tired and not thinking clearly.
would agree but palestine doesn’t have free elections and “mr” abbas is unelected
atleast israel has some form of elections
inb4 someone accuses me of hasbara i prefer the kingdom of jerusalem lads
@Fenian⚔: we recognise Belarus, yet they don’t have free elections. We also recognise the UAE, also without free elections. Not sure what your point is.
@Brian Ó Dálaigh: recognizing them is ok but they need to be called out for not having them
@Fenian⚔: but ‘we’, as in, the West, are actively against democracy in the Muslim Mid East.
@Fenian⚔: The two are not mutually exclusive, though. It is possible to recognise the State of Palestine while, at the same time, condemning those who govern that state for failing to implement a democratic system as mandated under the Oslo Accords which established its precursor, the PA. Remember, a sovereign state on one hand, and those who govern that state on the other hand, are not synonymous.
@Brian Ó Dálaigh: one step at a time. Formally recognize Palestine first. Once that hurdle is crossed, then onto the next main issue there.
At last something legally solid against the proceeds of land grabbing. Great to see cross party support!
All this exercising for the snowflakes must be wearing them down.
@Tom McHugh: If the Urban Dictionary was looking for a good example of “virtue signalling” we have provided it.
I suspect Senator Black was misquoted as saying that Israel is ‘nearly’ an an apartheid state. Clearly an apartheid state, according to a UN report, and even clearer to anyone that witnesses the reality for themselves.
Trendy Virtue Signalling ‘Look at Me’ Tossers protest against Israel while 6 Counties remain under British occupation or is that OK now that Sinn Fein have discovered “Political Correctness, Gay Marriage, Global warming, Muslim Refugees (Missionaries) and the trendy opportunists who have recently joined but would have crossed the street to avoid Republicans when war was being fought” indeed informed on them at every opportunity.
IMO, a 2 state solution would be viable for the Palestinians if the borders were wound back to those of 1947-48 with a demilitarised corridoor between Gaza & the West Bank similar to the Berlin corridor during the Cold War.Encouragement could be then offered to the 2 million Arabs living within the current State of Israel to return to the new Palestine.
The Israeli strategy seems to be to defer the 2 state solution until Israel has grabbed enough Palestinian territory to make a new Palestine not economically viable.
As is, a one State solution (ie: Israel including all the Palestinian Territories) may be the better solution for the Palestinians because as such they would have a majority!
@Moorooka Mick:
Here is a link to Israel’s predicament:
It’s the right thing to do but probably ineffective on our own and it would face backlash from the fool in the orange office.
The only way to do this and it be more of a synbolic gesture is to lead the charge in Europe.
@Seán J. Troy: the Netherlands and Sweden have already contacted Frances Black’s about the bill and are interested.
@Cormac Ó Braonáin:
Right but it needs to be done in Brussels.
@Seán J. Troy: Other European governments are watching this closely Seán & some are poised to follow. There is no reason why Ireland can’t lead the way once again with this as we did with the smoking ban & then the others can follow us.
have your say