The Government will reject opposition offers of Dáil time to progress the Occupied Territories Bill before the Dáil is dissolved.
The controversial Bill, which would ban trade with illegal Israeli settlements on Palestinian territory, has been stalled at the Government’s behest for several years – but was recently unblocked, clearing the way for it to progress through the legislative process.
Senior Government sources, however, say that will not happen this side of an election, despite opposition offers to make Dáil time available this week.
Tánaiste and Minister for Foreign Affairs Micheál Martin is due to address the Oireachtas Foreign Affairs Committee this week to outline the continuing difficulties with the Bill, and the need for extensive amendments.
Opposition parties are likely to push for Dáil time for the Bill this week, offering to give up their Private Members’ time to progress the legislation, but the Government will insist that necessary amendments are not yet drafted. Without Government co-operation there is no chance of the Bill being progressed until after the general election – widely expected to be called this week with the dissolution of the Dáil on Thursday or Friday.
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Independent Senator Frances Black, who introduced the Bill, said she would love to see it passed before the election is called, and thinks it is possible with the right political will.
The Social Democrats said that they would proceed with a motion on Gaza, though that is likely to be unopposed by the Government.
All Bills that are not concluded automatically fall when the Dáil is dissolved, though it would be open to the next Government and the next Dáil to restore the bill to the order paper.
Successive governments have blocked the Bill since 2018, citing constitutional and EU law difficulties.
However, since a ruling by the International Court of Justice on the occupied territories last summer, the Government has decided that the political and legal context has changed sufficiently to allow the Bill to be reconsidered.
In a statement released last week, the Government said “the advisory opinion found that Israel’s occupation of the Palestinian territory is unlawful and should be brought to an end as rapidly as possible.
“It further addressed the duty on all states not to render any aid or assistance in maintaining that situation. In particular, the court stated that all states have a duty to distinguish in dealings with Israel between its own territory and the OPT [occupied Palestinian territories].”
In reality, despite the late moves, this will be an issue for the next Government to decide on. However, there remains substantial unease in Government about proceeding with the Bill given likely opposition from the United States, both politically and commercially.
Israel is strongly critical of the bill. Ambassador Dana Erlich, who left Ireland earlier this year following the State’s formal recognition of a Palestinian state, said the proposed Bill is “a discriminatory attempt that aims to target Israel”.
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