Independent TDs Barry Heneghan and Gillian Toole, who support the Government, have voted against the Coalition in favour of a Sinn Féin Bill in support of Palestine.
The Dáil voted by a margin of 87 to 75 against the Opposition party’s Bill that sought to curtail Israeli access to sell bonds through the Irish financial system
The Central Bank of Ireland has a role in approving documents on bonds issued by the Israeli government, which have been described as “war bonds” by the Opposition. The Bill would have prevented the Irish Central Bank from approving the prospectus that allows Israel to trade its bonds in the European Union.
Despite the Bill being defeated, the result prompted a protest in the Dáil with the Opposition standing up and holding up small banners declaring: “Stop financing genocide” when the Ceann Comhairle announced the vote.
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Most Social Democrats TDs held up the banners; deputies Sinead Gibney and Jen Cummins remained seated.
In a statement issued after a vote, Mr Heneghan said he supported the legislation “because Ireland shouldn’t facilitate the sale of bonds that help fund the devastation in Gaza”.
“I’m voting for the bill because Ireland shouldn’t facilitate the sale of bonds that help fund the devastation in Gaza,” he said.
“This is about standing up for international law and basic human rights.”
Mr Heneghan said he was “fully committed” to the Programme for Government, but he added that “as an Independent TD, I reserve the right to act on matters of conscience”.
“The situation is urgent, and Ireland must show leadership,” he said.
Ms Toole said afterwards that there had been “no detailed briefing” from Government about the impact on EU legislation.
Mr Heneghan and Ms Toole were part of the Regional Independent Group of TDs which convened around Tipperary North TD Michael Lowry during Programme for Government negotiations.
After the negotiations were concluded, Mr Lowry said the group would support the Government “on good days and bad”.
However, the allocation of speaking rights for the group became a major flashpoint in the early days of this Dáil, sparking a bitter row that led to disruptions in the Dáil and the abandonment of the first effort to elect Micheál Martin as Taoiseach.
During the negotiations that followed, Mr Heneghan, Ms Toole and Danny Healy-Rae wrote to the Ceann Comhairle indicating that their support for the Government was on a “case-by-case basis”.
This led to anger among senior Coalition figures who believed the intervention meant the Government’s effective majority in the Dáil had been reduced.
While Mr Heneghan said that he remained committed to the Programme for Government, his siding with the opposition is a new departure.
Minister for Finance Paschal Donohoe has said the legislation was unworkable and inconsistent with EU law.
There were clashes in the Dáil on Wednesday between Taoiseach Micheál Martin and Sinn Féin leader Mary Lou McDonald.
She said it was “bogus” for the Taoiseach to say he was advised the Bill might be inconsistent with EU law.
“We have over 20 pages of independent, robust legal opinion clearly stating that the Bill is compliant with Irish law, European law and international law,” she said.
Under the advice, a member State can under EU law unilaterally restrict access to its financial services, under an obligation to comply with international law and ensure compliance of the law by third states such as Israel.
However, there was no certainty that EU infringement proceedings would not be taken.
The Taoiseach said there was a pattern from Sinn Féin “to try and drive a wedge” between the Government and the people of Ireland “in respect of what Israel is doing”.
He accused her of “bandying words around like ‘facilitating’, ‘complicit’ and ‘genocide’, which are false.” He said it was a “false narrative”.
He insisted the “Central Bank does not approve and does not issue or sell or oversee the sale of Israeli bonds”.
Social Democrats’ acting leader Cian O’Callaghan said the bonds were “explicitly advertised as being crucial to the war effort.
“Israel is running marketing campaigns imploring people to buy these bonds so they can stand with Israel,” he said.
Mr Martin said the Central Bank of Ireland is part of the European Central Bank and that it was a constituent member of the ECB.
“It does not act unilaterally on fundamental matters in terms of this,” he said.
