The Oireachtas Foreign Affairs committee is expected to recommend that services be included in a ban on trade with illegally occupied territories in Palestine.
The committee, which is conducting pre-legislative scrutiny of a Government Bill in this regard, is currently meeting to finalise its report.
A draft amendment seen by The Irish Times reads: “The committee strongly recommends progressing the Bill and that the prohibition of imports from the Occupied Palestinian Territories should be extended to include trade in services, in line with the advisory opinion of the international court of justice and the resolution which Ireland co-sponsored at the United Nations General Assembly”.
One committee source said, however, there could be “caveats” associated with the inclusion. Talks at the Foreign Affairs committee are continuing this afternoon.
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The Government legislation does not envisage the inclusion of services in the Bill, rather confining the contentious legislation to the miniscule trade in goods between Ireland and the occupied territories.
The inclusion of services could significantly expand the scope of trade encompassed by the Bill, as well as the complexity of enforcing it. It would also likely lead to an even stronger backlash from Israel as well as the current US administration, and some within the multinational sector as well.
The Government is not bound by the report of the committee, and is free to pass the legislation as it sees fit. But the call to include services will add to political pressure on the coalition to do so.
Tánaiste and Minister for Foreign Affairs Simon Harris has indicated openness to considering a ban on trade in services, if it were legally enforceable. The Government has requested fresh advice on the matter from the attorney general, which is currently awaited.
Sadaka, the Ireland Palestine Alliance, said that it was ‘good news’ that the committee is likely to recommend that the Occupied Territories Bill should include a ban on services as well as goods from illegal Israeli settlements in Palestine.
“Such a ban will ensure that Ireland fulfils its international law obligations as outlined by the International Court of Justice ruling of 19th July 2024’” said Eamonn Meehan, Chair of Sadaka.
In that ruling the ICJ said all countries must abstain from entering into economic or trade dealings with Israel concerning the Occupied Palestinian Territory or parts thereof which may entrench its unlawful presence in the territory.
Once pre-legislative scrutiny is complete, the Bill will return to the Dáil and Seanad for the remaining stages in the process. That is not scheduled to happen until after the summer recess, which runs until September.
Labour’s foreign affairs spokesman Duncan Smith welcomed the expected inclusion of services:
“There is a strong and unequivocal recommendation from the Foreign Affairs committee calling on the Government to expand the scope of the Bill to include services. This is a response to the compelling evidence provided to the committee from multiple witnesses who stated services is included within the overall definition of trade and that it cannot be separated from goods.
“There was cross party support for this position at the committee with members of both Opposition and Government offering draft recommendations to include services. This alone is a testament to the strength of the testimony this committee has heard in recent weeks.”
Sinn Féin foreign affairs spokesman Donnchadh O Laoghaire said: “The approach by the Government since the last election to exclude services caused huge concern, as many people who are disgusted by the situation in Palestine, felt it represented a watering down.
“The committee has heard a considerable deal of legal, academic, and advocacy groups in our evidence, and including services is an important statement by the Foreign Affairs Committee. We hope this will lead to the Government itself progressing legislation as quickly as possible, which includes both goods and services. The situation on the ground is appalling, weaponisation of aid, attacks on civilians, starvation conditions. Ireland should use ever lever within its power, and this is certainly an important one, and one which could influence other jurisdictions.”
