Government's Occupied Territories Bill: what's in it, how it has changed and what the implications might be

Irish Times

7 days ago

The Government has decided to approve drafting of the Occupied Territories Bill. But is it not drafted already?
Yes and no. Independent Senator Frances Black first tabled a Bill to ban trade with Israeli entities based in the Occupied Palestinian Territories back in 2018, long before
the current conflict in Gaza
. The then Government blocked it on the basis that as trade is an EU competence, the legislation would be illegal under EU law. Last year, however, in the light of the conflict in
Gaza
and a decision of the International Court of Justice about the Occupied Territories, the Government had a rethink, and the Attorney General advised that legislation could now be possible. But serious legal problems remain with Senator Black's legislation, it said, so it would draft its own. That has now
got the formal go-ahead
.
So what happens now?
Officials will proceed to draft the 'heads' of the Bill – a summary of what each section of the Bill contains, though it's likely this work is substantially done. The heads will then go before the Oireachtas Foreign Affairs Committee for what is known as 'pre-legislative scrutiny' – where the proposed law is discussed before actual legal text is prepared. That's expected to happen in mid- to late- June, and could be finished by mid-July, when the Oireachtas rises for the summer break.
What will the Bill do?
The Bill would ban imports originating from the
Palestinian Territories
that are, under international law, illegally occupied by
Israel
. Unlike Senator Black's Bill, the Government's Bill will not ban trade in services with the Occupied Territories. This, say campaigners, is an important part of the Bill as online platforms such as
Airbnb
have a substantial presence in some of the territories, offering tourist accommodation. The Government cites legal difficulties with this, though campaigners say it does not make sense that if a ban on trade in goods is possible, a ban on trade in services would be impossible.
Tánaiste and Minister for Foreign Affairs
Simon Harris
says he has
'no policy disagreement' with people seeking a ban on trade in services
, but does not believe it is legally possible. However, he also says he is willing to be challenged on this, suggesting he is open to changing his mind. Campaigners say they believe they can convince the Government during pre-legislative scrutiny at the Foreign Affairs Committee to include a ban on services in the Bill.
READ MORE
Does Ireland really do that much trade with the Occupied Territories?
No – hardly any, in fact. But that's not what this is about. Campaigners believe that if this Bill can be put on the statute book, it would give a lead to other EU countries, sparking an international movement. They point out that last year Ireland was alone in seeking a review of the Israel-EU trade agreement – now, 19 member states have sought a review, and the European Commission has agreed, raising the prospect of EU-Israel trade being affected.
This is one of the reasons why Israel has been so critical of the Irish Government and has sought to enlist the help of the United States to oppose the legislation. Like the campaigners who support the Bill, Israel sees it as an important international precedent. Israel believes it is part of the Boycott, Divestment and Sanctions (BDS) movement. Its supporters say, yes it is.
Are there potential costs to the Bill for Ireland?
A quiet but substantial lobby in Government
is extremely concerned that passing the legislation could involve significant costs for Ireland
. Most, if not all, are all completely opposed to Israel's assault on Gaza and the resultant civilian toll – but they worry that US companies operating in Ireland could fall foul of US laws prohibiting boycotts of Israel. For a start, many people in Government want the costs to be assessed. So there's a long way to go yet before any Bill is passed.