Harris set to approve Occupied Territories Bill going to next Oireachtas stage

Taoiseach Simon Harris is set to sign off this week on the stalled Occupied Territories Bill proceeding to the scrutiny committee stage in the Oireachtas.

Independent Senator Frances Black tabled the draft legislation in 2018 that would ban the import into Ireland of goods and services originating in illegal settlements in lands deemed as occupied under international law.

The Irish Government had previously contended that the Bill would breach EU law.

However, ministers sought fresh legal advice on the position in the wake of a non-binding advisory opinion handed down by the International Court of Justice (ICJ) in the summer that declared that Israel’s occupation of Palestinian territories is illegal under international law.

Following receipt of the revised legal advice from Attorney General Rossa Fanning, the Government signalled a desire to support the Bill, arguing the ICJ ruling had significantly changed the context.

However, ministers have said the Bill will need significant amendments to make it a legally-sound piece of legislation capable of withstanding challenge in the courts.

They have acknowledged it will not be enacted before the general election, with the work needed to pass the Bill set to continue in the next Dail.

The Government has said the Bill should focus on the Occupied Palestinian Territory.

If a private member’s bill involves issues related to state expenditure, it requires Government backing to allow it to proceed to the committee scrutiny stage in the Oireachtas.

That backing is provided in the form of a procedural device called a money message.

Mr Harris said he anticipated signing that message this week.

“I am pleased that there have been good meetings between government and the sponsor of the Occupied Territories Bill, Senator Frances Black, a good and constructive member of Seanad Eireann, and I’d hope that we can move forward with signing the money message, that’s a money message that I need to sign to allow that Bill go to committee stage,” the Taoiseach told reporters outside Government Buildings in Dublin.

“I’d hope, subject to Senator Black’s engagement with officials in the Department of Foreign Affairs, I’d hope to be in a position to sign that money message this week.”

Earlier, Tanaiste Micheal Martin said he hoped a first committee hearing on the Bill could take place next week. He said it was important the Bill was amended to make it more “robust”.

“I met with Senator Frances Black and her adviser last week, they are meeting this week with my officials,” he said.

“We’ve identified about 12 areas where the Bill needs to be amended. That’s kind of agreed. There was no pushback in terms of some of those areas. The reason being to make sure that when we pass it eventually, and I think that probably will fall to the next Dail, that it will be able to withstand legal challenge.”