Situation in Palestine: Motion (Resumed) [Private Members]

The following motion was moved by Deputy Donnchadh Ó Laoghaire on Wednesday, 5 February 2025:

That Dáil Éireann:

notes that:

— the advisory opinion rendered by the International Court of Justice (ICJ) on 19th July, 2024, regarding the legal consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem in response to United Nations General Assembly Resolution 77/247 of 30th December, 2022;

— the ICJ found that states have a duty to "abstain from entering into economic or trade dealings with Israel concerning the Occupied Palestinian Territory (OPT) or parts thereof which may entrench its unlawful presence in the territory" and "to take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the Occupied Palestinian Territory"; and

— the ICJ further found that all states are "under an obligation not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the Occupied Palestinian Territory";

recalls that:

— on 24th January, 2018, Senator Frances Black introduced the Control of Economic Activity (Occupied Territories) Bill 2018, in Seanad Éireann;

— on 5th December, 2018, the Control of Economic Activity (Occupied Territories) Bill 2018, passed Fifth Stage in Seanad Éireann;

— on 23rd January, 2019, Fianna Fáil introduced the Control of Economic Activity (Occupied Territories) Bill 2018, in Dáil Éireann;

— while introducing the Bill in the Dáil, Niall Collins TD, expressed "To those who have tried to dissuade us from supporting the Bill and say that it is not the time for such a Bill, I say if this is not the time to act, when will that time come?";

— Darragh O'Brien TD, expressed that "The time for waiting is over now" and that "The time for waiting for a pan-European approach is over at this stage";

— Jim O’Callaghan TD, expressed fear that the then Government would block the Bill by invoking Article 17.2 of the Constitution;

— on 24th January, 2019, the Control of Economic Activity (Occupied Territories) Bill 2018, passed Second Stage in Dáil Éireann;

— Fine Gael did proceed to block the Bill by invoking Article 17.2 of the Constitution;

— despite the 2020 Fianna Fáil general election manifesto containing a commitment to "Progress the Occupied Territories Bill" the Bill was not progressed following Fianna Fáil entering Government with Fine Gael, in the aftermath of the election;

— on 22nd October, 2024, then Tánaiste and Minister for Foreign Affairs, Micheál Martin TD, having received legal advice in relation to the Control of Economic Activity (Occupied Territories) Bill 2018, welcomed that the advisory opinion of the ICJ stated that states have a duty including "an obligation to take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the OPT";

— in advance of the general election of 29th November, 2024, on 30th October, 2024, then Tánaiste and Minister for Foreign Affairs, Micheál Martin TD, formally requested that the block invoked under Article 17.2 of the Constitution be removed;

— on 5th November, 2024, Dáil Éireann referred the Control of Economic Activity (Occupied Territories) Bill 2018, to the Oireachtas Select Committee on Foreign Affairs and Defence, for Committee Stage;

— in advance of the general election of 29th November, 2024, on 5th November, 2024, then Tánaiste and Minister for Foreign Affairs, Micheál Martin TD, informed the Oireachtas Select Committee on Foreign Affairs and Defence that the ICJ advisory opinion represented "an authoritative statement of applicable international law, which is binding on all states and international organisations"; and

— in advance of the general election of 29th November, 2024, during a televised leaders' debate, then Taoiseach Simon Harris TD, stated "I'll support the legislation [the Control of Economic Activity (Occupied Territories) Bill 2018]. The legislation which complies with the ICJ findings…" following which a statement from Fine Gael stated that "Fine Gael is in favour of passing the Occupied Territories Bill";

regrets that the current Programme for Government commitment fails to meet the obligations of the ICJ opinion through only committing that "This Government will progress legislation prohibiting goods from Occupied Palestinian Territories, following [sic] the July 2024, International Court of Justice Advisory Opinion"; and

calls on the Government to progress the Control of Economic Activity (Occupied Territories) Bill 2018, and introduce a legislative ban, in line with the opinion of the ICJ, on all trade, including services, with Israel's illegal settlements in the Occupied Palestinian Territories, including East Jerusalem.

Debate resumed on amendment No. 1:

To delete all the words after "Dáil Éireann" and substitute the following:

"welcomes the ceasefire deal in Gaza and the release of hostages that has taken place to date;

urges all parties to ensure full implementation of all phases of this agreement and commends the effort of stakeholders for their ongoing efforts as facilitators;

deplores the loss of so many civilian lives, in Gaza and in Israel;

recalls that this House has condemned the brutal attacks by Hamas in Israel on 7th October, 2023, and has emphasised that the taking of hostages is unconscionable;

reiterates its call for the urgent scaling up of humanitarian assistance entering Gaza and the need to ensure its safe and unhindered distribution;

underlines the indispensable role of the United Nations Relief and Works Agency (UNRWA) and stresses that no other United Nations (UN) Agency or actor has the capacity or infrastructure to replace UNRWA's unique mandate and experience in delivering humanitarian assistance, and in delivering education, health services and relief and social services in Gaza, the West Bank and across the region;

expresses its grave concern at the entry into force of Israeli legislation on UNRWA, which will have far-reaching consequences for UNRWA's operations in the West Bank, including East Jerusalem, and in Gaza;

emphasises the need to support the Palestinian Authority in returning to a governance role in Gaza and welcomes that the United Nations Security Council, in its Resolution 2735 of 10th June, 2024, reiterated its unwavering commitment to the two-state solution and stressed the importance of unifying the Gaza Strip with the West Bank under the Palestinian Authority;

in line with UN Security Council Resolution 2735, rejects any attempt at demographic or territorial change in the Gaza Strip, including any actions that reduce the territory of Gaza;

expresses its belief that there can be no sustainable peace in the Middle East until the Israeli and Palestinian peoples alike can realise the same rights to self-determination, statehood, peace, security and dignity;

reiterates its support for the two-state solution based on 1967 borders, with the State of Israel, and an independent, democratic, contiguous, sovereign, and viable State of Palestine, living side-by-side in peace and security and mutual recognition, with Jerusalem serving as the future capital of both states;

deplores the record levels of settlement expansion, settler violence and displacement of Palestinian communities in the West Bank;

underlines the requirement of all parties to comply with their obligations under international law;

welcomes the Advisory Opinion of the International Court of Justice (ICJ) of 19th July, 2024;

welcomes the launch of the Global Alliance for the Implementation of the Two-State Solution the UN General Assembly in September 2024 and related follow-up within this framework;

welcomes that a Conference of High Contracting Parties to the Geneva Conventions will be convened by Switzerland in March of this year on the protection of civilians in the occupied Palestinian territory;

welcomes the convening by the UN in June of this year of a High-level International Conference for the Peaceful Settlement of the Question of Palestine and the Implementation of the Two-State Solution, to be co-chaired by France and Saudi Arabia;

recalls that:

— Ireland's approach is grounded in respect for international law and support for the two-state solution;

— Ireland has demonstrated clear and consistent leadership at European Union (EU) and international level on the Israeli-Palestinian conflict;

— close coordination with international partners, notably within the EU and also with our Arab partners, is indispensable to these efforts;

— in May 2024, Ireland recognised the State of Palestine, doing so in coordination with several other partners in order to build momentum behind efforts to implement the two-state solution; and

— in light of the July 2024 Advisory Opinion of the International Court of Justice and the subsequent advice of the Attorney General, the Government decided to review the Control of Economic Activity (Occupied Territories) Bill 2018 [Seanad] working with Senator Frances Black and that the Government's analysis was that substantive amendments would be required to most, if not all, of the Bill's provisions in order to bring it in line with the Constitution and to try to reduce the risk of EU infringement procedures; and

agrees that:

— the Government will progress legislation prohibiting goods from Occupied Palestinian Territories following the July 2024 International Court of Justice Advisory Opinion;

— the Government will, in parallel, continue to press for action at the EU level in light of the International Court of Justice Advisory Opinion;

— the urgent focus of Ireland, the EU and the international community must be on ensuring the full and successful implementation of all phases of the ceasefire and hostage release deal;

— at this sensitive and critical juncture, the Government will continue to prioritise concrete policies and actions that contribute to improving the situation on the ground, and keeping momentum towards a sustainable peace based on the two-state solution;

— the Government will continue to work with likeminded partners, the EU and the international community to protect the indispensable role and mandate of UNRWA;

— the Government will continue to work closely with European and Arab partners on implementing the two-state solution, including through close engagement with the work of the Global Alliance and the UN High-level International Conference in June; and

— the Government will continue to support, at national and EU level, the Palestinian Authority in reforming and building its institutional capacity."

- (Tánaiste and Minister for Foreign Affairs)

An Ceann Comhairle

I must now deal with a postponed division relating to the motion regarding the situation in Palestine. On Wednesday, 5 February 2025, on the question, "That the amendment to the motion be agreed to", a division was claimed and in accordance with Standing Order 85(2), that division must be taken now.

Amendment put:

The Dáil divided: Tá, 92; Níl, 72; Staon, 0.

Tá

Aird, William.
Ardagh, Catherine.
Boland, Grace.
Brabazon, Tom.
Brennan, Brian.
Brennan, Shay.
Brophy, Colm.
Browne, James.
Burke, Colm.
Burke, Peter.
Butler, Mary.
Butterly, Paula.
Buttimer, Jerry.
Byrne, Malcolm.
Byrne, Thomas.
Cahill, Michael.
Callaghan, Catherine.
Calleary, Dara.
Canney, Seán.
Carrigy, Micheál.
Carroll MacNeill, Jennifer.
Chambers, Jack.
Cleere, Peter 'Chap'.
Clendennen, John.
Collins, Niall.
Connolly, John.
Cooney, Joe.
Crowe, Cathal.
Cummins, John.
Currie, Emer.
Daly, Martin.
Dempsey, Aisling.
Devlin, Cormac.
Dillon, Alan.
Donohoe, Paschal.
Dooley, Timmy.
Feighan, Frankie.
Fleming, Sean.
Foley, Norma.
Gallagher, Pat the Cope.
Geoghegan, James.
Grealish, Noel.
Harkin, Marian.
Harris, Simon.
Healy-Rae, Michael.
Heneghan, Barry.
Heydon, Martin.
Higgins, Emer.
Keogh, Keira.
Lahart, John.
Lawless, James.
Lowry, Michael.
Martin, Micheál.
Maxwell, David.
McAuliffe, Paul.
McCarthy, Noel.
McConalogue, Charlie.
McCormack, Tony.
McEntee, Helen.
McGrath, Mattie.
McGrath, Séamus.
McGreehan, Erin.
Moran, Kevin Boxer.
Moynihan, Aindrias.
Moynihan, Michael.
Moynihan, Shane.
Murnane O'Connor, Jennifer.
Murphy, Michael.
Naughton, Hildegarde.
Neville, Joe.
Nolan, Carol.
O'Brien, Darragh.
O'Callaghan, Jim.
O'Connell, Maeve.
O'Connor, James.
O'Dea, Willie.
O'Donnell, Kieran.
O'Donovan, Patrick.
O'Meara, Ryan.
O'Shea, John Paul.
O'Sullivan, Christopher.
O'Sullivan, Pádraig.
Ó Fearghaíl, Seán.
Ó Muirí, Naoise.
Richmond, Neale.
Roche, Peter.
Scanlon, Eamon.
Smyth, Niamh.
Timmins, Edward.
Toole, Gillian.
Troy, Robert.
Ward, Barry.

Níl

Ahern, Ciarán.
Bacik, Ivana.
Bennett, Cathy.
Boyd Barrett, Richard.
Brady, John.
Buckley, Pat.
Byrne, Joanna.
Carthy, Matt.
Clarke, Sorca.
Collins, Michael.
Connolly, Catherine.
Conway-Walsh, Rose.
Coppinger, Ruth.
Cronin, Réada.
Crowe, Seán.
Cullinane, David.
Cummins, Jen.
Daly, Pa.
Devine, Máire.
Doherty, Pearse.
Donnelly, Paul.
Ellis, Dessie.
Farrelly, Aidan.
Farrell, Mairéad.
Fitzmaurice, Michael.
Gannon, Gary.
Gibney, Sinéad.
Gogarty, Paul Nicholas.
Graves, Ann.
Guirke, Johnny.
Hayes, Eoin.
Healy, Seamus.
Hearne, Rory.
Kelly, Alan.
Kenny, Eoghan.
Kenny, Martin.
Kerrane, Claire.
Lawless, Paul.
Lawlor, George.
Mac Lochlainn, Pádraig.
McDonald, Mary Lou.
McGettigan, Donna.
Mitchell, Denise.
Murphy, Paul.
Mythen, Johnny.
Nash, Ged.
Newsome Drennan, Natasha.
Ní Raghallaigh, Shónagh.
O'Callaghan, Cian.
O'Donoghue, Richard.
O'Donoghue, Robert.
O'Flynn, Ken.
O'Gorman, Roderic.
O'Hara, Louis.
O'Reilly, Louise.
O'Rourke, Darren.
Ó Broin, Eoin.
Ó Laoghaire, Donnchadh.
Ó Murchú, Ruairí.
Ó Snodaigh, Aengus.
Ó Súilleabháin, Fionntán.
Quaide, Liam.
Quinlivan, Maurice.
Rice, Pádraig.
Sheehan, Conor.
Sherlock, Marie.
Stanley, Brian.
Tóibín, Peadar.
Wall, Mark.
Ward, Charles.
Ward, Mark.
Whitmore, Jennifer.

Staon

Tellers: Tá, Deputies Mary Butler and Emer Currie; Níl, Deputies Pádraig Mac Lochlainn and Denise Mitchell.

Amendment declared carried.

Question put: "That the motion, as amended, be agreed to."

The Dáil divided: Tá, 91; Níl, 73; Staon, 0.

Tá

Aird, William.
Ardagh, Catherine.
Boland, Grace.
Brabazon, Tom.
Brennan, Brian.
Brennan, Shay.
Brophy, Colm.
Browne, James.
Burke, Colm.
Burke, Peter.
Butler, Mary.
Butterly, Paula.
Buttimer, Jerry.
Byrne, Malcolm.
Byrne, Thomas.
Cahill, Michael.
Callaghan, Catherine.
Calleary, Dara.
Canney, Seán.
Carrigy, Micheál.
Carroll MacNeill, Jennifer.
Chambers, Jack.
Cleere, Peter 'Chap'.
Clendennen, John.
Collins, Niall.
Connolly, John.
Cooney, Joe.
Crowe, Cathal.
Cummins, John.
Currie, Emer.
Daly, Martin.
Dempsey, Aisling.
Devlin, Cormac.
Dillon, Alan.
Donohoe, Paschal.
Dooley, Timmy.
Feighan, Frankie.
Fleming, Sean.
Foley, Norma.
Gallagher, Pat the Cope.
Geoghegan, James.
Grealish, Noel.
Harkin, Marian.
Harris, Simon.
Healy-Rae, Michael.
Heneghan, Barry.
Heydon, Martin.
Higgins, Emer.
Keogh, Keira.
Lahart, John.
Lawless, James.
Lowry, Michael.
Martin, Micheál.
Maxwell, David.
McAuliffe, Paul.
McCarthy, Noel.
McConalogue, Charlie.
McCormack, Tony.
McEntee, Helen.
McGrath, Mattie.
McGrath, Séamus.
McGreehan, Erin.
Moran, Kevin Boxer.
Moynihan, Aindrias.
Moynihan, Michael.
Moynihan, Shane.
Murnane O'Connor, Jennifer.
Murphy, Michael.
Naughton, Hildegarde.
Neville, Joe.
O'Brien, Darragh.
O'Callaghan, Jim.
O'Connell, Maeve.
O'Connor, James.
O'Dea, Willie.
O'Donnell, Kieran.
O'Donovan, Patrick.
O'Meara, Ryan.
O'Shea, John Paul.
O'Sullivan, Christopher.
O'Sullivan, Pádraig.
Ó Fearghaíl, Seán.
Ó Muirí, Naoise.
Richmond, Neale.
Roche, Peter.
Scanlon, Eamon.
Smyth, Niamh.
Timmins, Edward.
Toole, Gillian.
Troy, Robert.
Ward, Barry.

Níl

Ahern, Ciarán.
Bacik, Ivana.
Bennett, Cathy.
Boyd Barrett, Richard.
Brady, John.
Buckley, Pat.
Byrne, Joanna.
Carthy, Matt.
Clarke, Sorca.
Collins, Michael.
Connolly, Catherine.
Conway-Walsh, Rose.
Coppinger, Ruth.
Cronin, Réada.
Crowe, Seán.
Cullinane, David.
Cummins, Jen.
Daly, Pa.
Devine, Máire.
Doherty, Pearse.
Donnelly, Paul.
Ellis, Dessie.
Farrelly, Aidan.
Farrell, Mairéad.
Fitzmaurice, Michael.
Gannon, Gary.
Gibney, Sinéad.
Gogarty, Paul Nicholas.
Graves, Ann.
Guirke, Johnny.
Hayes, Eoin.
Healy, Seamus.
Hearne, Rory.
Kelly, Alan.
Kenny, Eoghan.
Kenny, Martin.
Kerrane, Claire.
Lawless, Paul.
Lawlor, George.
Mac Lochlainn, Pádraig.
McDonald, Mary Lou.
McGettigan, Donna.
Mitchell, Denise.
Murphy, Paul.
Mythen, Johnny.
Nash, Ged.
Newsome Drennan, Natasha.
Ní Raghallaigh, Shónagh.
Nolan, Carol.
O'Callaghan, Cian.
O'Donoghue, Richard.
O'Donoghue, Robert.
O'Flynn, Ken.
O'Gorman, Roderic.
O'Hara, Louis.
O'Reilly, Louise.
O'Rourke, Darren.
Ó Broin, Eoin.
Ó Laoghaire, Donnchadh.
Ó Murchú, Ruairí.
Ó Snodaigh, Aengus.
Ó Súilleabháin, Fionntán.
Quaide, Liam.
Quinlivan, Maurice.
Rice, Pádraig.
Sheehan, Conor.
Sherlock, Marie.
Stanley, Brian.
Tóibín, Peadar.
Wall, Mark.
Ward, Charles.
Ward, Mark.
Whitmore, Jennifer.

Staon

Tellers: Tá, Deputies Mary Butler and Emer Currie; Níl, Deputies Pádraig Mac Lochlainn and Denise Mitchell.

Question declared carried.

Dáil Éireann díospóireacht - Wednesday, 12 Feb 2025