Parts of Occupied Territories Bill ‘unconstitutional’, says Martin

by Ibrahim Khalil - World Editor
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Ireland to Amend Controversial Bill Banning Trade With Israeli Settlements

Tánaiste Micheál Martin has confirmed that Ireland will amend a proposed Bill aimed at banning trade with illegal Israeli settlements. He stated that certain parts of the Occupied Territories Bill are unconstitutional and require changes to withstand potential legal challenges.

While the Government has long maintained the legislation would violate EU law, Martin expressed that a recent advisory opinion from the International Court of Justice in July altered the legal landscape.

Bill Needs “Substantial Amendments”

The Bill, originally introduced by independent Senator Frances Black in 2018, is facing significant revisions. Martin, after meeting with Senator Black and her legal advisor, identified 12 key areas requiring amendment.

“The Bill needs substantial amendments. I went through about 12 areas which, by the way, they also accepted. Why? To make it stronger, to withstand a potential legal challenge,” he explained.

The Attorney General’s comprehensive legal advice, coupled with the recent International Court of Justice opinion, has highlighted two elements within the Bill that are incompatible with Ireland’s constitution.

Government Aims for Narrow Pathway to Legislation

“There are two elements that are clearly not in line with our constitution of the existing Bill. So that has to change and that’s acknowledged,” Martin affirmed.

The Irish Government is now pursuing a more targeted approach, endeavoring to create a legislative avenue within trade agreements and the European Framework to ban imports from occupied territories.

“That’s the way we’re going to try and create a narrow pathway to developing legislation, which would be the amendment of this Bill, so much so that we can ban imports from the occupied territories into Ireland,” Martin stated.

Election Timing and Continued Advocacy

Martin refuted suggestions of deliberate delay in seeking updated legal advice following the UN court’s opinion. He stressed that the timing is not cynical, emphasizing the Government’s commitment to recognizing a Palestinian state and ongoing efforts to find a solution.

“The Israelis wouldn’t let us, wouldn’t facilitate an entry in. That tends to be the approach that Israel takes, which to me makes no sense,” Martin said, recalling the Israeli government’s refusal to grant him access to Gaza or Israeli-controlled West Bank areas during a recent Middle East visit.

He underscored the need for international access to Gaza, highlighting the horrifying situation unfolding in northern Gaza and calling for an end to the violence.

“What’s happening in northern Gaza at the moment, and Philippe Lazzarini (commissioner-general of Unrwa) has just issued a statement in respect of it, is absolutely horrific, beyond any moral compass and needs to stop,” he stated.

Martin’s comments reflect Ireland’s ongoing commitment to finding a peaceful solution to the Israeli-Palestinian conflict.

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