Dáil Éireann Debate, Thursday - 5 July 2018
76. Deputy Niall Collins asked the Tánaiste and Minister for Foreign Affairs and Trade if independent legal advice has been sought regarding the Control of Economic Activity (Occupied Territories) Bill 2018; and if he will make a statement on the matter. [29802/18]
View answerI have received legal advice from the Attorney General on the Private Member’s Bill in question. It is not the practice of the Government to publish the advice of the Attorney General.
However, in general terms the advice is that there are a number of significant legal difficulties with the Bill, to which I made reference in the debate on the Bill in the Seanad in January.
The primary issue is the Bill’s inconsistency with EU law. Issues of international trade fall under the common commercial policy of the EU. Under the Treaty on the Functioning of the European Union, the common commercial policy is an exclusive competence of the Union. I have heard the argument that a public policy exception could apply to this Bill. However, I am advised that this argument is not well founded, and that the Court of Justice of the European Union interprets such unilateral restrictions on trade imposed by Member States very narrowly.
