I must now deal with a postponed division relating to the motion on imposing sanctions on Israel. On Wednesday, 15 November 2023, on the question, "That the amendment to the motion be agreed to", a division was claimed and in accordance with Standing Order 80(2), that division must be taken now.
Imposing Sanctions on Israel: Motion (Resumed) [Private Members]
The following motion was moved by Deputy Holly Cairns on Wednesday, 25 November 2023:
That Dáil Éireann:
— expresses its horror at the death and devastation being wrought by the Israeli government in Gaza;
— expresses its outrage at the scale of the death toll in Gaza, with more than 11,000 people having been killed, including more than 5,000 children, 89 United Nations (UN) workers and 39 journalists;
— expresses its abhorrence at the deliberate targeting by Israel of hospitals, schools, UN Relief and Works Agency installations, bakeries, residential buildings and civilian infrastructure in Gaza;
— deplores the inhumanity of cutting off access to food, clean water, fuel and medical supplies to more than two million people in Gaza;
— abhors that more than 1.5 million people in Gaza have been displaced;
— expresses its deep revulsion at the continuing collective punishment being meted out to civilians in Gaza by the Israeli government;
— condemns the barbaric attack by Hamas on Israel on 7th October in which 1,400 people were killed and at least 243 people were kidnapped;
— agrees that the taking of hostages is a war crime and demands the release of all hostages by Hamas;
— notes that 50 per cent of the population of Gaza are children and, according to the World Health Organisation, an average of 160 children are being killed every day in the territory;
— further notes that UNICEF has stated that one million children in Gaza lack access to safe water;
— further notes that 180 women are giving birth every day in Gaza, 15 per cent of whom will experience complications and need medical care that is currently unavailable; and
— notes the comments of Médecins Sans Frontières that the healthcare system in Gaza has collapsed and children are enduring operations like amputations without anaesthetic;
expresses alarm that since 7th October:
— attacks by Israeli settlers in the West Bank against Palestinians, which were already at a record high this year, have hugely increased;
— at least 178 Palestinians have been killed in the West Bank, including 45 children;
— at least 1,000 Palestinians have been displaced in the West Bank, including 424 children;
— more than 2,200 Palestinians in the West Bank have been detained, including 24 journalists; and
— the number of Palestinians held in administrative detention increased from 1,319 to 2,070 between 1st October and 1st November;
agrees that:
— Israel has committed multiple breaches of international law in its assault on Gaza;
— the permissive and ambivalent response by the international community to this litany of breaches of international law by Israel has been shameful;
— European Commission President, Ursula von der Leyen’s unequivocal support for Israel, despite its flouting of international law, has seriously undermined the European Union’s (EU) response to this crisis; and
— a war crime is defined by the nature of the act – not the identity of the perpetrator; and
calls on the Government to:
— intensify its advocacy for an immediate ceasefire and the release of hostages;
— provide strong leadership at EU level to advocate for economic sanctions on Israel, including:
— suspension of the EU-Israel Association Agreement on the basis of a serious breach of the essential elements' human rights clause in that agreement; and
— suspension of the EU-Israel Horizon Europe Association Agreement and Israel's access to the €95 billion Horizon Europe fund for research and innovation;
— make a referral to the International Criminal Court requesting that it investigate whether members of the Israeli government and military have committed war crimes, genocide and crimes against humanity in Gaza;
— enact the Control of Economic Activity (Occupied Territories) Bill 2018 and the Illegal Israeli Settlements Divestment Bill 2023 as a matter of urgency;
— withdraw the diplomatic status of the Israeli Ambassador given the failure of the Israeli State to cease the deliberate targeting of civilians, journalists, UN staff and healthcare workers; and
— pursue all possible avenues at the EU and the UN to build an international alliance for peace to provide a pathway away from violence and back to the negotiation table.
Debate resumed on amendment No. 1:
To delete all the words after “That Dáil Éireann” and to replace with the following:
"expresses its deep concern at the catastrophic humanitarian situation in Gaza, including the death of an estimated 11,000 people, including 5,000 children, over 100 United Nations (UN) workers and 39 journalists; and at the damage and destruction of hospitals, schools, UN Relief and Works Agency installations, bakeries, residential buildings and civilian infrastructure in Gaza, following Israel's military actions in Gaza;
demands immediate, rapid, unhindered and safe humanitarian access at scale, including the provision of food, clean water, fuel and medical supplies to more than two million people in Gaza;
expresses its deep concern at the displacement of over 1.5 million people in Gaza;
condemns the barbaric attack by Hamas on Israel on 7th October in which 1,400 people were killed and at least 243 people were kidnapped;
demands the immediate and unconditional release of all hostages;
notes:
— that 50 per cent of the population of Gaza are children and, according to the World Health Organisation, an average of 160 children are being killed every day in the territory;
— that UNICEF has stated that one million children in Gaza lack access to safe water;
— that 180 women are giving birth every day in Gaza, 15 per cent of whom will experience complications and need medical care that is currently unavailable;
— the comments of Médecins Sans Frontières that the healthcare system in Gaza has collapsed and children are enduring operations like amputations without anaesthetic; and
— that the situation in Palestine since June 2014 was referred to the Prosecutor by Palestine itself under Article 14 of the Rome Statute in 2018 and that the Prosecutor of the International Criminal Court (ICC) announced the opening of an investigation into the situation in Palestine (including Gaza, the West Bank and East Jerusalem) in March 2021;
further notes that:
— the investigation covers all crimes within the jurisdiction of the Court, including war crimes and crimes against humanity, alleged to have been committed since 2014 and that the Court may exercise its jurisdiction over any such crimes committed within Palestine as well as by Palestinian nationals outside it (including in Israel); and
— the Prosecutor of the ICC, Karim Khan, has reaffirmed that this investigation covers the current, ongoing conflict, including all events on and from 7th October this year;
expresses alarm that since 7th October:
— attacks by Israeli settlers in the West Bank against Palestinians, which were already at a record high this year, have significantly increased and that at least 178 Palestinians have been killed in the West Bank, including 45 children;
— at least 1,000 Palestinians have been displaced in the West Bank, including 424 children;
— more than 2,200 Palestinians in the West Bank have been detained, including 24 journalists; and
— the number of Palestinians held in administrative detention increased from 1,319 to 2,070 between 1st October and 1st November;
agrees that:
— international humanitarian law, including the prohibition on the targeting of civilians, the principles of distinction, precaution and proportionality, the prohibition on collective punishment, and the prohibition on the taking of hostages and use of 'human shields', applies to all armed conflicts and is binding on all parties to conflict, state and non-state actors alike;
— all members of the international community have an obligation to respect and ensure respect for international humanitarian law, in all situations;
— all alleged breaches of international humanitarian law must be investigated, and perpetrators held to account; and
— a war crime is defined by the nature of the act, not the identity of the perpetrator; and
calls on the Government to:
— maintain diplomatic relations with the Israeli Ambassador;
— pursue all possible avenues at the European Union (EU) and the UN to build an international alliance for peace to provide a pathway away from violence and back to the negotiation table;
— intensify its advocacy for an immediate humanitarian ceasefire and the immediate and unconditional release of all hostages;
— provide strong leadership at EU level to advocate for a comprehensive response, based on the founding values of the EU of human dignity, freedom, democracy, equality, the rule of law and respect for human rights, which are embedded in the Treaty on the European Union;
— intensify its advocacy against all breaches of international law, including international humanitarian law;
— seek to ensure that differentiation clauses in the EU’s agreements with Israel are fully adhered to;
— ensure that justice and accountability apply equally to all people, in all situations, and reiterates that all victims deserve their rights to be vindicated equally; and
— continue Ireland's consistent and strong support for the ICC and uphold the independence and impartiality of the Court.".
-(Minister of State at the Department of Justice, Deputy James Browne)
Amendment put:
The Dáil divided: Tá, 85; Níl, 55; Staon, 0.
Tá
- Berry, Cathal.
- Brophy, Colm.
- Browne, James.
- Bruton, Richard.
- Burke, Colm.
- Butler, Mary.
- Byrne, Thomas.
- Cahill, Jackie.
- Calleary, Dara.
- Canney, Seán.
- Cannon, Ciarán.
- Collins, Michael.
- Collins, Niall.
- Costello, Patrick.
- Coveney, Simon.
- Cowen, Barry.
- Creed, Michael.
- Crowe, Cathal.
- Devlin, Cormac.
- Dillon, Alan.
- Donnelly, Stephen.
- Donohoe, Paschal.
- Duffy, Francis Noel.
- Durkan, Bernard J.
- English, Damien.
- Farrell, Alan.
- Feighan, Frankie.
- Fitzpatrick, Peter.
- Flaherty, Joe.
- Fleming, Sean.
- Grealish, Noel.
- Griffin, Brendan.
- Harris, Simon.
- Haughey, Seán.
- Healy-Rae, Danny.
- Heydon, Martin.
- Higgins, Emer.
- Humphreys, Heather.
- Kehoe, Paul.
- Lahart, John.
- Lawless, James.
- Leddin, Brian.
- Lowry, Michael.
- MacSharry, Marc.
- Madigan, Josepha.
- Martin, Catherine.
- Matthews, Steven.
- McAuliffe, Paul.
- McConalogue, Charlie.
- McEntee, Helen.
- McGrath, Mattie.
- McGrath, Michael.
- McHugh, Joe.
- McNamara, Michael.
- Moynihan, Aindrias.
- Moynihan, Michael.
- Murnane O'Connor, Jennifer.
- Naughten, Denis.
- Naughton, Hildegarde.
- Noonan, Malcolm.
- O'Brien, Darragh.
- O'Brien, Joe.
- O'Callaghan, Jim.
- O'Connor, James.
- O'Dea, Willie.
- O'Donnell, Kieran.
- O'Donoghue, Richard.
- O'Donovan, Patrick.
- O'Dowd, Fergus.
- O'Gorman, Roderic.
- O'Sullivan, Christopher.
- O'Sullivan, Pádraig.
- Ó Cathasaigh, Marc.
- Ó Cuív, Éamon.
- Phelan, John Paul.
- Rabbitte, Anne.
- Richmond, Neale.
- Ring, Michael.
- Ryan, Eamon.
- Shanahan, Matt.
- Smith, Brendan.
- Smyth, Niamh.
- Smyth, Ossian.
- Stanton, David.
- Varadkar, Leo.
Níl
- Andrews, Chris.
- Bacik, Ivana.
- Barry, Mick.
- Boyd Barrett, Richard.
- Brady, John.
- Browne, Martin.
- Buckley, Pat.
- Cairns, Holly.
- Carthy, Matt.
- Clarke, Sorca.
- Collins, Joan.
- Connolly, Catherine.
- Conway-Walsh, Rose.
- Cronin, Réada.
- Crowe, Seán.
- Cullinane, David.
- Daly, Pa.
- Doherty, Pearse.
- Donnelly, Paul.
- Ellis, Dessie.
- Farrell, Mairéad.
- Funchion, Kathleen.
- Gannon, Gary.
- Guirke, Johnny.
- Healy-Rae, Michael.
- Hourigan, Neasa.
- Howlin, Brendan.
- Kelly, Alan.
- Kenny, Gino.
- Kenny, Martin.
- Kerrane, Claire.
- Mac Lochlainn, Pádraig.
- McDonald, Mary Lou.
- Munster, Imelda.
- Murphy, Catherine.
- Murphy, Paul.
- Mythen, Johnny.
- Nash, Ged.
- O'Callaghan, Cian.
- O'Reilly, Louise.
- O'Rourke, Darren.
- Ó Murchú, Ruairí.
- Ó Snodaigh, Aengus.
- Pringle, Thomas.
- Quinlivan, Maurice.
- Ryan, Patricia.
- Sherlock, Sean.
- Shortall, Róisín.
- Smith, Bríd.
- Smith, Duncan.
- Stanley, Brian.
- Tóibín, Peadar.
- Tully, Pauline.
- Whitmore, Jennifer.
- Wynne, Violet-Anne.
Staon
Tellers: Tá, Deputies Hildegarde Naughton and Cormac Devlin; Níl, Deputies Cian O'Callaghan and Gary Gannon..
Amendment declared carried.
Question put: "That the motion, as amended, be agreed to."
The Dáil divided: Tá, 85; Níl, 55; Staon, 0.
Tá
- Berry, Cathal.
- Brophy, Colm.
- Browne, James.
- Bruton, Richard.
- Burke, Colm.
- Butler, Mary.
- Byrne, Thomas.
- Cahill, Jackie.
- Calleary, Dara.
- Canney, Seán.
- Cannon, Ciarán.
- Collins, Michael.
- Collins, Niall.
- Costello, Patrick.
- Coveney, Simon.
- Cowen, Barry.
- Creed, Michael.
- Crowe, Cathal.
- Devlin, Cormac.
- Dillon, Alan.
- Donnelly, Stephen.
- Donohoe, Paschal.
- Duffy, Francis Noel.
- Durkan, Bernard J.
- English, Damien.
- Farrell, Alan.
- Feighan, Frankie.
- Fitzpatrick, Peter.
- Flaherty, Joe.
- Fleming, Sean.
- Grealish, Noel.
- Griffin, Brendan.
- Harris, Simon.
- Haughey, Seán.
- Healy-Rae, Danny.
- Heydon, Martin.
- Higgins, Emer.
- Humphreys, Heather.
- Kehoe, Paul.
- Lahart, John.
- Lawless, James.
- Leddin, Brian.
- Lowry, Michael.
- MacSharry, Marc.
- Madigan, Josepha.
- Martin, Catherine.
- Matthews, Steven.
- McAuliffe, Paul.
- McConalogue, Charlie.
- McEntee, Helen.
- McGrath, Mattie.
- McGrath, Michael.
- McHugh, Joe.
- McNamara, Michael.
- Moynihan, Aindrias.
- Moynihan, Michael.
- Murnane O'Connor, Jennifer.
- Naughten, Denis.
- Naughton, Hildegarde.
- Noonan, Malcolm.
- O'Brien, Darragh.
- O'Brien, Joe.
- O'Callaghan, Jim.
- O'Connor, James.
- O'Dea, Willie.
- O'Donnell, Kieran.
- O'Donoghue, Richard.
- O'Donovan, Patrick.
- O'Dowd, Fergus.
- O'Gorman, Roderic.
- O'Sullivan, Christopher.
- O'Sullivan, Pádraig.
- Ó Cathasaigh, Marc.
- Ó Cuív, Éamon.
- Phelan, John Paul.
- Rabbitte, Anne.
- Richmond, Neale.
- Ring, Michael.
- Ryan, Eamon.
- Shanahan, Matt.
- Smith, Brendan.
- Smyth, Niamh.
- Smyth, Ossian.
- Stanton, David.
- Varadkar, Leo.
Níl
- Andrews, Chris.
- Bacik, Ivana.
- Barry, Mick.
- Boyd Barrett, Richard.
- Brady, John.
- Browne, Martin.
- Buckley, Pat.
- Cairns, Holly.
- Carthy, Matt.
- Clarke, Sorca.
- Collins, Joan.
- Connolly, Catherine.
- Conway-Walsh, Rose.
- Cronin, Réada.
- Crowe, Seán.
- Cullinane, David.
- Daly, Pa.
- Doherty, Pearse.
- Donnelly, Paul.
- Ellis, Dessie.
- Farrell, Mairéad.
- Funchion, Kathleen.
- Gannon, Gary.
- Guirke, Johnny.
- Healy-Rae, Michael.
- Hourigan, Neasa.
- Howlin, Brendan.
- Kelly, Alan.
- Kenny, Gino.
- Kenny, Martin.
- Kerrane, Claire.
- Mac Lochlainn, Pádraig.
- McDonald, Mary Lou.
- Munster, Imelda.
- Murphy, Catherine.
- Murphy, Paul.
- Mythen, Johnny.
- Nash, Ged.
- O'Callaghan, Cian.
- O'Reilly, Louise.
- O'Rourke, Darren.
- Ó Murchú, Ruairí.
- Ó Snodaigh, Aengus.
- Pringle, Thomas.
- Quinlivan, Maurice.
- Ryan, Patricia.
- Sherlock, Sean.
- Shortall, Róisín.
- Smith, Bríd.
- Smith, Duncan.
- Stanley, Brian.
- Tóibín, Peadar.
- Tully, Pauline.
- Whitmore, Jennifer.
- Wynne, Violet-Anne.
Staon
Tellers: Tá, Deputies Hildegarde Naughton and Cormac Devlin; Níl, Deputies Cian O'Callaghan and Gary Gannon.
Question declared carried.
Cuireadh an Dáil ar athló ar 8.23 p.m. go dtí 10.30 a.m., Dé Déardaoin, an 16 Samhain 2023.
The Dáil adjourned at 8.23 p.m. until 10.30 a.m. on Thursday, 16 November 2023.