The Attorney General has provided legal advice to the Government that could lead to fresh consideration of the Occupied Territories Bill.
The Bill would ban trade between Ireland and Israel's illegal settlements in the Occupied Palestinian Territories.
The proposed legislation was first introduced to the Oireachtas by Senator Frances Black in 2018 and previously got Dáil and Seanad backing. However, legal advice to the Government at the time said it was contrary to European Union trade law.
Taoiseach Simon Harris requested updated legal advice on the Bill in recent weeks.
The Attorney General, Rossa Fanning, indicated that an advisory opinion from the International Court of Justice (ICJ) gives stronger legal grounds to look again at the Bill.
The UN’s top court ruled in July that Israeli settlements in the West Bank and East Jerusalem are in breach of international law, and that Israel’s occupation of those territories amounts to long-term annexation which has undermined the right of the Palestinian people to self-determination.
Speaking on his way into Cabinet on Tuesday, Tánaiste and Minister for Foreign Affairs Micheál Martin said he had received fresh advice on Monday night from his department’s legal team.
He said a memorandum would be prepared for next week in relation to the Occupied Territories Bill.
Mr Martin said: “That offers a clearer way forward, although there are still challenges and the existing Bill would need to be redrafted and amended very substantively, given the advice we have received, which is in many areas consistent with previous advice in terms of constitutionality issues, but definitely the ICJ changes the context in which one can proceed now.”
He added: “I think the fundamental issue is that the nature of trade with occupied territories, and I think there is a very stateable case now, given the advisory opinion from the ICJ in respect of trading with the occupied territories, and that’s an area we’re now going to explore as the most legal-proof way we can do that.”
Mr Harris said Ireland and every other country “must use every lever at its disposal” to bring about a ceasefire in the Middle East.
“Up until now, it’s been clear that the Occupied Territories Bill hasn’t been compatible for a whole variety of reasons, including European trade law.
“There was a moment, though, of change during the summer when the International Court of Justice gave a very clear advisory opinion in relation to the illegal occupation of the occupied Palestinian territories and that, in my view, places an obligation on countries to do more to give effect to that advisory opinion.
“So I therefore asked the Attorney General to look afresh on the issue, and he did that, and last night he advised the coalition leaders. Next week that advice will formally go to Cabinet.
“It’s always been my preference to move at a European level in relation to this, myself and my Spanish counterpart Pedro Sanchez have consistently raised at the European Council table the need for Europe to move in terms of ceasing trade with Israel until there’s a ceasefire and an end to this violence. There has not been majority support for that in Europe.
“Tomorrow, I will attend the European Council, and my message to European leaders will be very clear, we’re not going to wait for everyone in Europe to develop a consensus on this.
“If there’s more Ireland can do, Ireland will absolutely not be found wanting, and I’d be willing to work with people across the political divide in relation to this, and yes, I would like this current government to make progress on it.”
Ms Black told RTÉ radio’s Today with Claire Byrne on Tuesday that she was hopeful that when the Attorney General provides full written advice next week it will provide a green light for the Bill to go ahead.
The legislation was ready and should be passed urgently, Ms Black said. Small changes and amendments to strengthen it could be necessary, but this could not be done before an election, she said.
"I do think there's going to be elections before Christmas. But I do think it could be passed very quickly in whatever new government is going to be formed in the new year or whenever that is."
She said the impact of the Bill would be similar to what happened to South Africa in the early 1980s – it would have little impact financially, but the symbolism was important.
"This is the first step to consequences to what Israel are doing, both in Gaza and particularly in the West Bank. We see in the West Bank there are over 700,000 Israeli settlers now living on stolen Palestinian land in East Jerusalem and the West Bank.
"The Israeli settlements are illegal and there are no absolutely no consequences to what they're doing."
She said the value of trade impacted by the Bill would only amount to €1 million a year and so would not "end the occupation" on its own.
"But it's about saying that Ireland will no longer support this horrific injustice that's happening. And as I say, the value of South African goods in the 80s were also small, but it was still the right thing to do. And it was historic. It sent a message, which is what we need to do here.
"I truly believe that this action could spur other EU states to do the same, because the world is watching this piece of legislation and this could be historic and there's no consequences to what Israel is doing."
