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Seanad Éireann díospóireacht -
Thursday, 26 Jun 2014

Vol. 232 No. 9

Adjournment Matters

Illegal Israeli Settlements

I welcome the Minister of State, Deputy O'Dowd. Last year I visited the occupied Palestinian territories with Christian Aid and saw, at first hand, the impact of the illegal occupation of Palestinian lands and how Israel is using illegal settlements to undermine any real prospect of a two-state solution. We visited the South Jordan Valley, the land in which is both very fertile and valuable and which runs between the West Bank and Jordan. One side of the road was an Israeli settlement incorporating lush green plantations which stretch away as far as the eye can see and which outdo anything I have seen in this country or elsewhere. Those plantations were made possible by the installation of expensive irrigation systems. On the other side of the road, the land inhabited by Palestinian families consists of barren red soil in which almost nothing grows. When we met the farmers who live on the Palestinian side of the road land and inquired how it is possible that these two extremes exist literally within ten feet of each other, they explained that their natural water source, which used to run down out of the nearby hills, had been cut off and diverted away from their land and on to that on which the illegal Israeli settlement is located. As a result, they are not only unable to maintain their livelihood from farming but they also lack access to clean water.

This story is repeated throughout the occupied Palestinian territories. Israel has stolen land and natural resources from the Palestinian people and planted 500,000 Israeli citizens in illegal settlements there. Those settlements are surrounded by a huge security apparatus that includes closed roads, buffer zones and checkpoints. All of this means that Palestinians are obliged to drive for 30 minutes or an hour in order to access hospitals and other public service facilities which they could previously reach in five minutes by car. This sometimes results in people not being able to obtain the medical treatment they need. All of these actions are designed to make life as difficult as possible for Palestinians and undermine any prospect of a two-state solution. The settlements in question are completely illegal under international law - even Israel's closest ally, the US, recognises this - but they continue to grow in number. Earlier this month the Israel housing ministry outlined plans for a further 1,500 settlement housing units in the West Bank and East Jerusalem.

The reasons the settlements are viable is because they are able to export millions of euro worth of agricultural and other produce cultivated on land confiscated from Palestinians using the latter's natural resources. The value of the produce the EU imports from the settlements is estimated at $300 million. By purchasing settlement goods, consumers, often unwittingly, are supporting Israel's illegal occupation of the Palestinian territories and its human rights violations there. Both the EU and Ireland have criticised the illegal Israeli settlements. However, we continue to accept goods that are produced there. I am of the view that the EU should ban all goods emanating from the settlements, particularly if we really believe what is happening is wrong. If we want to stop incentivising Israel in the context of stealing Palestinian land and resources, then we should not accept goods from those settlements and making them economically viable as a result. At the very least, we must ensure that those goods are correctly labelled as Israeli produce from the occupied Palestinian territories. Consumers would then be in a position to make their own decision - as they did in the past in respect of goods imported from apartheid South Africa - with regard to whether they want to buy them.

The EU has considered this issue and in December 2012 it agreed to take action in respect of settlement products. Ireland was one of 13 EU states to write to the EU foreign policy chief in the aftermath of that decision requesting that the Union introduce guidelines on the correct labelling of settlement goods. However, this has still not happened. We are still waiting for developments in this regard whereas the UK and Dutch Governments have taken action on their own initiative. I wish, therefore, to call on the Minister of State to encourage the Government to use its influence at EU level to ensure, preferably, that a complete ban on goods from the settlements is introduced or, at the very least, that they are properly labelled. I am of the view that the Government should follow the example of its UK counterpart by offering formal advice to Irish private sector companies regarding the Israeli settlements and explaining to them the reputational damage that can result from being involved with companies which are based there. In addition, the Government should exclude settlement products and companies from public procurement. It came as news to me that Veolia, the company which runs the Luas, is a French multinational that provides infrastructure to the illegal Israeli settlements in East Jerusalem. The Government should take account of such considerations when making decisions in respect of public procurement. If we are serious about human rights, then we should be prepared - as was the case in the past - to stand on our principles and use the economic power we possess to ensure that Israel rethinks its policy.

What I witnessed in Gaza and in East Jerusalem in the West Bank leads me to conclude that the Israelis are playing a long-term game by negotiating, on the one hand, while doing everything possible on a weekly basis, on the other, to make life more and more difficult for Palestinians by expanding the number of settlements. The purpose of this policy is to ensure that when it ultimately comes - if it does - to reaching agreement on a two-state solution, such an agreement will be virtually impossible to conclude. We should not be facilitating Israel's policy, we should be doing everything in our power to stop it.

I am replying to this matter on behalf of the Tánaiste and Minister for Foreign Affairs who is unavoidably absent.

The Government's position on Israeli settlements has been clearly articulated on many occasions. Such settlements are illegal and, as the Senator outlined, in many cases they involve the seizure of Palestinian land and resources. They are the cause of the great majority of movement and other restrictions which infringe on the lives and freedoms of Palestinians. Settlements are seriously undermining - as is the intention - the possibility of achieving a peace agreement. Ireland has, therefore, consistently argued for a stronger international approach to the issues surrounding settlements.

The business-related aspects of settlements have also been discussed on many occasions in the Oireachtas in recent years. Settlement products are an important issue but they are a small aspect of the overall problem and not central to the viability or progress of the project as a whole. Most settlements are dormitory communities for people who work in Israel and do not produce anything. Most settlement produce consists of fresh fruit, vegetables and herbs, is largely consumed in Israel and could be entirely absorbed by the Israeli market, if necessary. Similarly, the amount of settlement produce entering the EU market is very small and this bears on the degree of regulation warranted to control it. The UN's guiding principles on business and human rights, adopted by the Human Rights Council in 2011, constitute the key international standard in this area. The Government encourages all Irish businesses to be familiar with and apply these principles in their international activities. This week the Government has decided to prepare a national plan on the implementation of the guiding principles. The plan will be co-ordinated by the Department of Foreign Affairs and Trade.

In the specific case of the occupied Palestinian territory, the EU has taken a number of actions in relation to settlements, strongly supported by Ireland and Irish Governments past and present. First, and most importantly, the EU has excluded goods produced in settlements from the lower tariffs which apply to Israeli goods. Work continues on an ongoing basis to make this distinction more effective and, as with any such tariff, to close any loopholes found. Second, the EU has issued rules to ensure that no EU research grants to Israeli entities are spent in the settlements. Third, the EU recently ruled that it does not recognise the competence of Israeli authorities to issue health certificates for chickens produced in the occupied territory and thus that these may not be imported into the EU.

The EU has been working on two further measures, namely, guidelines on the labelling of settlement goods and advice to business and individuals on investment in settlements. These measures were not progressed further during the past year while direct Israeli-Palestinian negotiations were in progress because it was felt they might not help the political context of the talks. Ireland has consistently supported both of these measures and since the suspension of the negotiations in May we have actively raised at EU level the need to resume progress on them. There is now general agreement among member states to issue guidance on investments. This will be along lines agreed at EU level but will appear as national advice of the member states.

A number of partners have already issued this advice, and Ireland will do so very shortly.

The guidelines on labelling may take a little longer to agree, as this involves many more departments in both member states and the European Commission. However, in any case the essential point, that produce from settlements should not be labelled as coming from Israel, is already provided for in EU consumer law. The Tánaiste has stated that if the labelling guidelines are unduly delayed at EU level, Ireland will move ahead with national guidelines.

There is therefore a considerable overlap between what the Government has been doing and the actions recommended in the Trócaire report mentioned by the Senator. The Department of Foreign Affairs and Trade is in regular contact with Trócaire and other interested parties on this broad range of issues. However, the report also blurs important distinctions, for instance, by treating as equivalent an investment specifically in a settlement enterprise, and commercial links with other companies which themselves may have commercial links with settlements. This is not helpful, and it would seriously undermine our own influence on the issue if we were to follow this logic in discussions at EU level. This point has been made to Trócaire.

Ireland has strongly supported a range of actions at EU level to make effective our opposition to illegal settlements and we will continue to do so.

I thank the Minister of State for his reply on behalf of the Tánaiste. I welcome the signal from the Tánaiste that Ireland will move to introduce guidelines if it is not done at EU level. I appreciate that. I am concerned about that as that has been said since 2012 and it has not happened yet. I urge that it would be done as soon as possible. The reply from the Department refers to the fact that the reason the EU has not been pursuing this issue more vigorously is because negotiations are in progress. Negotiations in regard to the Israeli occupation of Palestine have been in progress in different formats for a long time. My view on the current negotiations is that I do not believe Israel is acting in good faith. I do not believe it could possibly claim to be doing so when it continues to expand more and more settlements all the time, as it did earlier this month. If anything, it is using the negotiations as a cover for increasing advancement into Palestinian areas and undermining any realistic prospect for a two-state solution in the future. We should not play into that game by putting off taking measures ourselves simply because negotiations are taking place. We would all hope that the negotiations will turn out well but unfortunately we have grounds for suspicion.

The reply also refers to the fact that on labelling guidelines the EU law already requires that products from the settlements should not be referred to as coming from Israel. A label for Israeli produce does not state "produce of Israel", rather it states produce of such and such a settlement or area. A consumer reading such a label does not know if that settlement or area is in Israel or if it is in the occupied Palestinian territories. We need to have absolute clarity on this. The only way to have that is if labels state "Israeli produce from the occupied Palestinian territories". In that way consumers will have absolute clarity about the produce; they cannot be expected to know the geography of the area.

The issue of public procurement and Irish State contracts going to companies that are actively involved in the occupied Palestinian is not dealt with in the reply and the Minister of State might ask the Tánaiste to respond to me directly on that matter.

I assure the Senator that I will bring her comments, particularly the points she has just made, to the attention of the Tánaiste for direct reply to her good self.

Departmental Funding

The Minister of State is welcome to the House but I am disappointed that the Minister, Deputy Hogan, is not here.

When the Minister of State hears the issues I wish to raise he will understand why I say that.

I wish to first make a disclosure on this issue as it is about the scheme to support national organisations in the community and voluntary sector. I was chief executive of the Children's Rights Alliance, which is one of the recipients, and I am the chair of Children in Hospital Ireland. Neither of those organisations has brought this issue to my attention, although I know how critical it is. I raised this issue about this scheme on 28 May 2013 as an Adjournment matter, and on 16 December 2013, 18 February 2014 and I raise it again today. Therefore, it is not something of which the Minister or the Department is not aware.

This scheme to support those national organisations is a critical lifeline for them. In the case of the majority of these organisations, this funding they receive from the State is their sole funding - it is their core funding. When I first raised this issue on 28 May 2013, I raised the question of some of the organisations who are in receipt of this funding and I mentioned the FAI. I do not believe the criteria for the awarding of this grant was for those types of organisations and that we would pay one eighth of John Delaney's salary.

I raised this issue in February because of the delay in making payments under the scheme. Many of the organisations have been in this scheme since the 1990s. The funding they get from the State is quite a dependable stream and the level of it goes up and down depending on the current economic climate, but they had dramatic cuts in their funding at the end of last year. Payments normally come into them in January and I raised this issue on 18 February because the organisations had not received the money and they had not got any confirmation about future funding. At that stage we received confirmation that a new scheme was being published and that it would come into place with effect form 1 July and therefore current funding would run to the 30 June.

Can one imagine if one was in one of these organisations and on the Friday of the May bank holiday weekend one got a letter from the Department referring to the competition - as it is a new scheme - for the Scheme to Support National Organisations in the Community and Voluntary Sector 2014-2016? The letter states the Minister had hoped to be in a position to approve the successful applications organisations by the end of May. It also states that unfortunately due to competing priorities, the Minister will not be in position to announce the results of the competition for this scheme until early June.

That is fair enough and when this letter was sent to me I said "Let us give the Minister a few weeks". That letter goes on to state that in light of this, if the organisation is using funding under the current scheme that finishes at the end of June for direct salary costs - which many organisations are - of specific employees, in the absence of an alternative source of funding within the organisation's own resource, the organisation may have to consider putting those staff on protective notice.

We are here today on 26 June and the organisations do not know if they will get the funding. They do not know what is happening. There are staff losing their jobs today because the Minister has competing priorities. I have raised this issue four times in the Seanad in the past year. I have progressed it. I have played fair but there are organisations that are basically being told that the Department has not done its job. These organisations are the heart-blood of our community sector throughout Ireland. Each one of them would deserve to be the subject of an Adjournment debate in the Seanad. That is why I am disappointed the Minister is not here and the Minister of State has been put in an impossible position of trying to reply to this matter.

There are staff leaving their jobs today. I waited and waited for the Department to give an answer. I tried internally in the Department to get an answer. The State is telling these organisations to put staff on protective notice. Organisations that have raised this matter with me asked me if I could be very careful about mentioning their name - that they are in fear; it is the chilling effect. I do not believe that is the Government's intention. I do not understand why this is happening. That is why last May I raised in the Seanad the importance of us preparing well in advance for when the scheme would come to an end in December in order that we could prepare for this. I said that there are organisations in receipt of this funding that should not be in receipt of it. Let us be upfront about that. I offered to work with the Minister as I know the sector but nothing has happened and now this weekend will go by and organisations will make cuts. They will be told that they should be professional and should be preparing, but I think it is unacceptable. That is why I wanted to raise this matter in the Seanad and I thank the Cathaoirleach for allowing me to raise it today.

It is totally and utterly unacceptable that these cuts have been made and that a letter from a Department commits to a Minister making a decision by the beginning of June, which is already very late in the process, and it actually advises for staff to be put on protective notice and yet the organisations have still not got an answer by the end of June.

I thank Senator van Turnhout for raising this matter. I appreciate fully the issues she has raised, the fact that she has raised this matter on a number of occasions and that finality has not been brought to it yet. I will be happy at the conclusion of the Adjournment debate to ring the Department immediately and hopefully we will try and get the matter resolved. That is all I can do.

I thank the Minister of State for that.

I am taking this matter on behalf of the Minister, Deputy Hogan. The funding scheme to support national organisations in the community and voluntary sector commenced in 2008 under the then Department of Community, Rural and Gaeltacht Affairs. This scheme amalgamated and replaced schemes previously operating under the White Paper on Supporting Voluntary Activity.

The scheme aims to provide multi-annual funding to national organisations towards core costs associated with the provision of services. The current funding scheme commenced in July 2011 and was due to expire in December 2013. However, as the Senator pointed out, the scheme was extended to the end of June 2014, with a view to a new scheme commencing from 1 July. The overall budget for 2014, under both the old and new schemes, is approximately €3.1 million.

During 2013 officials in the Department carried out a review of the scheme. The terms of reference for the review of the scheme included an examination of the extent to which the objectives, rationale and approach of the scheme remain valid and made recommendations regarding the future role and scope of the scheme. The review found that the scheme has fulfilled its main objective of providing multi-annual funding to national organisations towards core costs associated with the provision of services. The funding of a range of national networks and organisations can be seen to enhance the capacity of the community and voluntary sector to organise itself at a national level and to raise standards across the sector. The review also found that the scheme is in line with objectives set out under the White Paper on a Framework for Supporting Voluntary Activity.

Following the recommendations contained in the review, the new scheme will continue in a broadly similar manner to the current approach. The review recommended that organisations be required to clearly demonstrate the need for the funding requested, how the need was identified, the added value of the work proposed, how the proposed activities will demonstrate value for money and how the organisation will collaborate, co-ordinate and engage in partnership work with other relevant agencies and organisations. Seeking this level of detail, both during the application process and as necessary during the running of the scheme, will improve the targeting of available resources. In particular, it will assist in identifying measurable outcomes and goals associated with organisations across a wide range of funding areas. The effective use of core funding in recipient organisations also requires that robust governance and cost-control procedures are in place within those organisations, particularly at board level, and that will also form a key element of the assessment process.

The new scheme was advertised for applications during quarter one of this year. The Minister, Deputy Hogan, has asked Pobal to undertake an assessment of the applications received, and this process, from submission of applications to notification of successful applicants, took place during quarters 1 and 2 of this year. Pobal has significant experience of both the design of assessment criteria and the completion of assessment functions. The recommendation or decision on a proposal for funding, or the suitability of a plan, is not simply reduced to numerical calculations. The process includes other considerations, such as the social and economic benefits, consistency with current policies and long-term vision. This approach is predicated on the bringing together of the relevant information, using experience, evidential analysis, a consideration of the consequences, the options and the risks and coming to a decision or recommendation which is defendable and accountable.

Notwithstanding the comprehensive assessment and appraisal approach that was undertaken, it is the case that a large number of the applicant organisations sought the maximum level of funding available or in some cases an amount in excess of the maximum funding available. As a result, the number of organisations that could potentially be funded under the scheme, within the budget available, was significantly lower than for previous schemes. The Minister, Deputy Hogan, has concerns in that regard and he is considering the issue carefully as he is anxious to make funding available to as many organisations as possible in these difficult times. He will conclude his assessment in the near future and will announce the scheme allocations immediately thereafter.

It is said that one should not shoot the messenger.

Does the Senator have a question?

As the Minister of State will understand, I am totally and utterly unhappy with the reply because I received it in February also. I have heard about the process and the outline previously. The Minister of State should explain it to the staff whose last day of work is on Monday. There is a cost to the organisations because they have to pay staff for holidays and other costs. We are talking about community and voluntary organisations. Each organisation on the scheme deserves attention. The Minister of State has been put in an impossible situation and I am sure he would agree with me that the organisations are being put in an even more impossible situation. I ask the Minister of State to raise the matter with the Minister. I will raise it again if we do not get a satisfactory response. The reference to the "near future" means nothing to organisations given that we have raised the issue for the past year. They got a letter from the Department that said a decision would be made by the Minister by the beginning of June.

I am happy to progress the matter by immediately getting in touch with the Department to see whether we can clarify dates.

The Seanad adjourned at 2.05 p.m. until 2.30 p.m. on Tuesday, 1 July 2014.
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