Dáil Éireann Debate, Tuesday - 14 May 2024
265. Deputy Matt Carthy asked the Minister for Enterprise, Trade and Employment if he will immediately suspend the granting of export licences for dual-use items to Israel in light of the decision of the United Nations Human Rights Council to adopt a resolution demanding an arms embargo on Israel; and if he will make a statement on the matter. [21468/24]
View answerMy Department is the national competent authority with responsibility for export controls, including controls on defence-related exports and exports of dual-use goods. Controls on the export of dual-use items are administered by my officials, in accordance with Regulation (EU) 2021/821 of the European Parliament and of the Council, which sets up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items.
Dual-use items are products and components, including software and technology, that can be used for both civil and military applications. The bulk of Dual-use exports from Ireland are mainstream business ICT products, both hardware and software (networking, data storage, cybersecurity etc). They are categorised as Dual-use items as a consequence of fact that they incorporate strong encryption for ICT security purposes.
All export licence applications, including those indicating an end destination in Israel, are considered by my officials in accordance with criteria set out within the relevant dual-use and military EU and national regulations and with Ireland's international obligations and responsibilities as a member of non-proliferation regimes and export control arrangements. On receipt of an application for an export licence, my officials carry out an assessment which includes a series of checks to ensure, as far as possible, that the item to be exported will be used by the stated end user for the stated end use and will not be used for illicit purposes.
As part of their assessment, my officials seek the views of the Department of Foreign Affairs in respect of all applications for export licences, including those destined for Israeli end users. Both my own Department and the Department of Foreign Affairs review all dual-use export licence applications against the eight assessment criteria set out in Council Common Position 2008/944/CFSP – including “Respect for human rights in the country of final destination as well as respect by that country of international humanitarian law” and "Internal situation in the country of final destination, as a function of the existence of tensions or armed conflicts". Accordingly, when making their assessment of applications, my officials are furnished with up to date information which they take into account in the final risk assessment of all licence applications.
Article 3 of the Treaty on the Functioning of the European Union provides that the Union shall have exclusive competence in the Common Commercial Policy. Article 207 of the Treaty on the Functioning of the European Union provides that trade with third countries falls within the Common Commercial Policy of the EU. Therefore, this is an area where the EU has exclusive competence.
Ireland co-sponsored a resolution on the Human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the obligation to ensure accountability and justice during the 55th session of the UN Human Rights Council. The resolution included a call for states to “[…] cease the sale, transfer and diversion of arms to Israel […]” which Ireland was pleased to support. While UN HRC resolutions are not legally binding on states, Ireland was already not engaged in the export of military goods to Israel.
