Occupied Territories Bill set to be replaced with new legislation, Micheál Martin says 

The new government is set to shelve a stalled Bill designed to prohibit imports to Ireland from the Occupied Palestinian Territory and replace it with fresh legislation, Micheál Martin has said.

The Fianna Fáil leader said there was widespread acceptance that the draft Occupied Territories Bill proposed by independent senator Frances Black was “unconstitutional” in its current form, and virtually every section of it would require amendment.

Mr Martin said it was likely the incoming Fianna Fáil and Fine Gael-led coalition would table a new Bill dealing with imports into Ireland from the Occupied Palestinian Territory, rather than seek wide-ranging changes to the existing private member’s Bill.

Ms Black tabled the Occupied Territories Bill in 2018 in a bid to ban the import into Ireland of goods and services originating in illegal settlements in lands deemed as occupied under international law.

The Irish Government had previously contended that the Bill would breach EU law.

Opinion

However, ministers sought fresh legal advice on the position last year in the wake of a non-binding advisory opinion handed down by the International Court of Justice (ICJ) that declared that Israel’s occupation of Palestinian territories is illegal under international law.

Following receipt of the revised legal advice from attorney general Rossa Fanning, the government signalled a desire to support the Bill, arguing the ICJ ruling had significantly changed the context.

However, at the time ministers cautioned that it would require significant amendments to make it a legally-sound piece of legislation capable of withstanding challenge in the courts.

The new coalition’s draft Programme for Government contains a commitment to “progress legislation prohibiting goods from Occupied Palestinian Territories” without specifying what legislation.

Report

Mr Martin was asked by reporters on Sunday about the fate of the Occupied Territories Bill following a media report on Sunday that claimed the government was set to drop the trade ban proposal in an attempt to appease incoming US president Donald Trump.

“I am not responsible for that report,” said the Tanaiste.

“What I can say is I instructed my officials prior to the general election to work on amendments to the then Occupied Territories Bill. All that work has been done. And, in fact, virtually every section of that Bill will have to be amended.

“So, the issue is whether we have a new Bill, which I think probably we’ll move towards a new Bill in respect of imports into Ireland from the Occupied Territories, because I think it needs a full debate in the Dáil second stage and so on like that.

“In terms of the legislation, it’s acknowledged by all sides in relation to this Bill that it was unconstitutional as drafted, and in other areas was deficient also.” 

The proposed ban on imports from the Occupied Palestinian Territories was one factor in the deterioration of Ireland’s diplomatic relations with Israel.

Angered

The last government’s move to officially recognise the state of Palestine last year also angered the Israeli government, which in December announced it was closing its embassy in Dublin.

Mr Martin was attending the Fianna Fáil Ard Fheis in Dublin on Sunday where members gathered to ratify the Programme for Government.

A small but vocal pro-Palestine demonstration was held outside the venue, with activists calling for the immediate implementation of the current Occupied Territories Bill.

Speaking to reporters inside, Mr Martin welcomed the ceasefire in Gaza.

“I think that is long overdue,” he said.

“The collective punishment of the people of Gaza was unacceptable. Ireland took a strong leadership position, primarily in terms of the humanitarian context.”