The Government will tell the Dáil this week it intends to bring forward the Occupied Territories Bill – but it has not yet decided whether services can be included in its remit.
The Coalition will not oppose a joint Opposition motion on Wednesday urging immediate presentation of the Bill and its passage through the Oireachtas before Christmas, sources briefed on the issue said.
There is no clarity, however, on whether services will be included, as urged by the Opposition, pro-Palestinian campaigners and the all-party Oireachtas Foreign Affairs Committee this summer.
Taoiseach Micheál Martin indicated recently in the Dáil that he did not believe it would be legally possible to do so, but it is understood there is no agreement on the issue in Government.
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Tánaiste and Minister for Foreign Affairs Simon Harris has previously said that he wants to include services in the Bill – rather than just prohibiting the importation of goods from the occupied Palestinian territories – if a legally robust way can be found.
The Government has sought advice from the Attorney General Rossa Fanning on the point, though it has not said if that advice in full has been received.
Opposition leaders accused the Government of “dragging its heels” on the legislation and played down the prospect of consequences for Ireland if the Bill is passed.
People Before Profit is using its Dáil time this week for a joint motion from left-wing parties and Independents calling on the Government to urgently progress the legislation.
The Government has faced pressure not to proceed from politicians in the US, a key ally of Israel.
A group of US politicians last month wrote to the Taoiseach claiming the legislation would “risk causing significant damage” to the State’s economic credibility and US partnerships.
During a press conference at Leinster House on Monday, Sinn Féin leader Mary Lou McDonald argued that there was “absolutely no plausible excuse for the Government to continue dragging its heels [on the legislation].”
“We believe that it has to include goods and services. We do not wish to see it diluted.”
Richard Boyd Barrett of People Before Profit accused Israel of a “genocidal massacre” inflicted on the Palestinian people and “decades of illegal settlements”.
“Often the Irish Government claimed that they’re the most supportive of the Palestinian cause in Europe,” he said.
“But the truth is now, Spain, Slovenia, other countries have jumped ahead, have passed similar bills.”
He said there has been “no consequences” or “blowback economically” for such countries.
Asked if she had concern about the future of Irish-US relations as a result of the legislation, Ms McDonald said Ireland’s relationship with the United States was “deep and enduring and I believe that that will continue to be the case” citing the “enormous population of Irish-Americans”.
“I do not accept for a second that it’s a zero sum game, that either on the one hand we maintain that relationship, or on the other, we do what is necessary and correct [and pass the legislation].
“I don’t think we have to choose between those things.”
Holly Cairns, the Social Democrats leader, said they were “not aware of any significant economic impact” in other countries that passed similar legislation but added: “There is no clause in the Genocide Convention, or loophole that says you don’t have to enact it if there’s any kind of consequence for a country. We’re legally obliged to do this.”
Labour Party leader Ivana Bacik said there had been “enough stalling” and noted the Spanish government had brought its equivalent Bill through in four weeks. “It’s been seven years since the [Occupied Territories Bill] was introduced in the Seanad,” she said.
Senator Frances Black, who put forward the original Occupied Territories Bill in 2018 said “we have an obligation to pass this Bill in its entirety with goods and services.”
