Dáil and Seanad Debates and Questions about Palestine
The issue of Palestine features regularly in Dáil Éireann (the House of Representatives) and Seanad Éireann (the Senate), the two houses of the Oireachtas (the Irish Parliament). Mostly, this occurs in questions to the Government. The following excerpts provide a sense of the positions of individual TDs (members of the Dáil) and Senators, of the political parties they represent – and of the Government. Links to the official Oireachtas website are provided.
Debates and Questions
On recognition of a Palestinian state
13 July 2011, Dáil Eireann, questions by Pádraig Mac Lochlainn (Sinn Fein) and Mick Wallace (Independent) to Tánaiste and Minister for Foreign Affairs and Trade, Eamon Gilmore.
Pádraig Mac Lochlainn asked the Minister for his views on whether that it is long past the time for the 44 year Israeli occupation of Palestinian lands to be ended; and his further views that admission to UN membership of a Palestinian State within the 1967 borders would send a powerful signal that this is the will of the international community.
Mick Wallace asked the Minister if he will be supporting the recognition of Palestinian statehood at the UN General Assembly in September; if he will putting his maximum efforts into supporting the end of Israeli occupation; and if he will make a statement on the matter.
The Minister responded as follows:
"The continuing Israeli military occupation of the Palestinian territories is at the heart of the unresolved Arab-Israeli conflict. The issues which have been critical for Israel for most of its history – the existence of the state of Israel and its right to live in peace and security – have for many years been accepted in principle by most Arab and Palestinian opinion. It is the continuing occupation, and the creation and growth of illegal settlements on the occupied lands, which are now the major obstacles to peace.
"I consider it an urgent priority objective, both for Ireland and the EU, to help achieve the end of the occupation and the establishment of a sovereign Palestinian state, living in peace alongside Israel. This has been the consistent view of Irish Governments since 1980. It is long overdue, and it remains my view that there should be a state of Palestine, and very soon.
"It is widely expected, if the negotiations process remains effectively suspended, that in the autumn the Palestinians will seek some form of recognition at the United Nations for Palestinian statehood. They have made clear that for them this is very much a second choice, and that what they really want to be engaged in the autumn are serious negotiations with Israel to achieve their objective of statehood through a comprehensive agreement. They are, as I am, more interested in achieving a state that exists in reality rather than only in a United Nations resolution, which will not of itself bring that state about.
"It is also important to note that the Palestinians themselves have not yet decided exactly what action they will seek to take at the United Nations. This could range from full entry as a United Nations member state to a General Assembly resolution which could take many forms. Some of these possibilities would principally involve the Security Council, of which Ireland is not currently a member.
"Thus there is no proposal on the table on which we can take a view, although our general support for the establishment of a Palestinian state is well known. In discussions at EU level, however, I have agreed with the view that assuring either side now of our support would be premature and simply reduce the incentive on them to return to real talks, which is the more important objective.
"As I have stated in answer to previous questions, if the issue of recognition arises at the United Nations in the autumn, the Government will consider Ireland’s response very carefully. We will take into account factors such as Ireland’s long-standing support for the achievement of a Palestinian state, the exact terms and nature of what may be proposed, the positions of EU partners and other friends, the progress on the wider peace process, and our assessment of the practical impact of any such decision."
Deputy Mac Lochlainn thanked the Minister for his response and said:
"I know he has had a constructive meeting with Dr. Nabeel Shaath today. The members of the Committee on Foreign Affairs had a chance to meet him informally and listen to the views of the Palestinian people he represents.
"The Minister agrees with me with regard to the offer of the Palestinian people to settle for a territory that comprises 22% of their homeland, which offer has stood since 1988. The refusal of the Israeli state to accept 78% of that original territory is quite incredible. For too long, the Palestinian people have had to deal with repression, particularly in Gaza in recent years. If there is a failure to reach consensus at European level and a US veto at the meeting of the UN Security Council, will we support a motion before the General Assembly calling for observer status for the Palestinians?"
The Minister replied:
"The Deputy will agree that we must await to see how this works out. There is no proposal on the table at present. I had a very constructive meeting today with Dr. Nabeel Shaath and he set out for me his perspective on likely developments. First, there may be an application to the UN Security Council. Ireland is not a member of the council. The issue will arise at council level as to whether some state exercises a veto on any proposal submitted. Then the question will arise as to whether a proposal should be put before the General Assembly. We must wait to see the form of such a proposal. As the Deputy indicated, there is a possibility that a proposal may be put to the General Assembly seeking observer status. We will consider that if it is made.
"We will continue to discuss this issue with our EU partners. The Foreign Affairs Council is to meet next Monday and I will be attending. I expect this issue will be discussed at the meeting. I am also taking the opportunity to discuss the issue bilaterally with other Foreign Ministers, and did so last Friday when I met the German Foreign Minister, Mr. Westerwelle."
Deputy Wallace commented:
"Over the years, I have always heard the Minister speak in a very fair manner about the Middle East. I hope this does not stop. The argument for giving Palestine a more fair deal than it is receiving a present is pretty obvious.
"I was reading this morning that Israel holds the world record for violating UN Security Council resolutions. It has violated 30, which is incredible. The Palestinian people are living in unbelievable conditions, as the Minister knows, and there is no justice. The Minister implied US President Barack Obama is not in a position to offer support at present because he is in re-election mode and depends too much on the Israeli lobby in the United States. If there is a General Assembly vote, will the Irish Government vote in favour of a Palestinian state? If not, will the Minister state categorically that we are absolutely in favour of Palestine having its own state and that Israel must start negotiating to move out of the occupied territories?"
The Minister replied:
"I can state now Ireland is in favour of Palestine having its own state and that it wants to see that state living in peace with Israel. We want to see an agreed negotiated settlement of the entire conflict in the Middle East. My efforts on behalf of this country, which will be very much furthering a consistent policy followed by successive Governments over a long period, will be to help to secure such a negotiated settlement.
"I cannot anticipate what resolution will be put before the General Assembly. Deputies will understand that until we see the terms of the resolution, it will not be possible to make a decision on how we will respond to it. I have indicated very clearly the positive approach Ireland is taking to the idea that there should be a Palestinian state. I will continue to work at European Union level to encourage EU colleagues and High Commissioner Catherine Ashton, who has been very active in this area, to continue to work to secure EU input."
Deputy Mac Lochlainn commented:
"It has been said, correctly, that a UN resolution endorsing the existence of a Palestinian state in its own right would not achieve conflict resolution in the region. As Deputy Wallace pointed out, Israel holds the world record for ignoring UN Security Council resolutions. However, does the Minister, whom I know cannot see the future and does not have a crystal ball, agree that when the proposal is put before the UN Security Council and the US exercises its right to veto, the Palestinians will put forward a proposal on observer status? They have immense international support. Some 120 countries around the world support the objective of achieving a Palestinian state and the vast majority of them will support the granting of observer status if the United States decides to block the right to recognition.
"Does the Minister agree that even the achievement of observer status would represent a loud and clear signal to the Palestinian people that the international community respects their right to nationhood and will not ignore the ongoing occupation of their territories?
"In 1998, there were approximately 190,000 Jewish settlers living in the West Bank; today, there are over 500,000. That is an horrific statistic. There is aggression and settlements continue to be built. This is the context that makes it timely for the international community to say decisively once and for all that it recognises the Palestinians’ right to having their own nation, freedom and independence."
The Minister responded:
"I have been to the West Bank and am familiar with the extent of the occupation and the way in which the settlements have developed. While we may speculate as to what will happen at the meeting of the Security Council if a resolution is presented thereto, none of us can say for certain at this point that there will be a veto. There are interventions that could occur between now and September. As I mentioned, the European Union has a role. I am advocating an active role for the Union. The Quartet had a meeting on Monday. Although it issued no statement, discussions are continuing.
"It is unwise at this point to start writing the script for what may happen in September. A lot could happen between now and then. The Government will play a very constructive role in the discussions leading up to the meeting in September, particularly those at EU level."
Deputy Wallace commented:
"I just wish to make the point that the … most optimistic time we have seen was when Rabin was in power and we had the Oslo agreement. The United States was bypassed because like the situation now they were not in a position to support it. Rather than relying and depending on the United States initiative, is it possible to make the European voice stronger and lobby more from Europe? Europe’s voice needs to be more independent from the United States and Europe should pressurise the United States into doing the right thing."
The Minister:
"I very much agree with this point of view. It is the approach that I am taking, and I encourage the European Union to take a more active role in this area. Given the political considerations that come into this question, particularly in the United States, there is scope for the European Union to have a far more proactive role. Again, we must bear in mind that various member states of the European Union have varying positions, some of which are based on historical experience which we must take into consideration and understand. I believe the European Union can take a greater leadership role. Catherine Ashton in her capacity as the High Representative has been taking a much more active role on this issue. I will continue to encourage her to do so."
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21 June 2011, Dáil Eireann, written question by Olivia Mitchell (Fine Gael) to Tánaiste and Minister for Foreign Affairs and Trade, Eamon Gilmore.
Olivia Mitchell asked the Minister if the ambassador or any representative of the Israeli embassy has made contact with him or his Department as part of their international diplomatic offensive seeking rejection of the Palestinian attempt at the UN to receive recognition of a Palestinian State; and if he will make a statement on the matter.
The Minister replied:
"Both the Israeli and Palestinian authorities have made known their views on the possibility of Palestinian action at the UN in September related to recognition of a Palestinian state. This has taken the form of copies of statements or arguments on the issues, political or technical, and transmitted via their Missions here in Dublin or our own Missions in Tel Aviv and Ramallah. I would characterise such contacts however as entirely normal and not out of the ordinary. As I have stated in answer to previous Questions, if the issue of recognition arises at the United Nations in the autumn, the Government will consider Ireland’s response very carefully. We will take into account factors such as Ireland’s long-standing support for the achievement of a Palestinian State, the exact terms and nature of what may be proposed, the positions of EU partners and other friends, the progress on the wider peace process, and our assessment of the practical impact of any such decision.
"It is certainly my view that there should be a State of Palestine, and very soon."
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26 May 2011, Dáil Eireann, written question by John Halligan (Independent) to Tánaiste and Minister for Foreign Affairs and Trade, Eamon Gilmore.
John Halligan asked the Minister when he intends to formally declare recognition of a fully sovereign Palestinian state, as previously indicated; the representations he has made at EU level to secure the Palestinian people’s right to real democracy; and if he will make a statement on the matter.
The Minister replied:
"A number of countries, principally in Latin America and including Brazil, Argentina and Chile, have in recent months decided to recognise a Palestinian state. This is in addition to those states – mostly in Africa or in the Islamic world – which have recognised Palestine for many years. Over thirty years ago, Ireland, in a speech by my predecessor of the day, the late Brian Lenihan, was the first EU Member State to declare that the resolution of the Palestinian issue must involve the establishment of a Palestinian state. That is now the policy of the EU and of the international community. I share the commitment of successive Irish Governments to this policy and will continue to work, both nationally and at EU level, towards its realisation.
"It would be premature to declare such recognition now, in advance of actual control of the territory in question, a condition to which we in Ireland attach significance. It is also important to recall that the Palestinian leadership, while clearly working towards the declaration of a State in the near future, have not yet done so. The timing of such a declaration will be an important decision for them to take, and may involve potential negative consequences on the ground.
"If the peace process remains stalled, it is widely expected that the Palestinians may in September seek recognition at the United Nations for a Palestinian State. They have made it clear, however, that this would be a last resort, and their preferred option would be the resumption of direct negotiations with Israel, to achieve the State of Palestine through a comprehensive peace agreement.
"Separately, a number of EU partners, including Ireland, France, Spain, Portugal and the UK have recently taken steps to upgrade the status of the Palestinian Delegations in their countries, largely in recognition of the continuing progress being made by Prime Minister Fayyad and the Palestinian Authority in building up the institutions of a future Palestinian state. By a decision of the previous Government in January – which I fully endorse – the Palestinian representative office in Ireland was upgraded to Mission status, headed by an Ambassador.
"I very much hope to be able to extend Irish recognition of an actual, functioning Palestinian state during my time in office."
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5 April 2011, Dáil Eireann, written question by Finian McGrath (Independent) to Tánaiste and Minister for Foreign Affairs and Trade, Eamon Gilmore.
Finian McGrath asked the Minister for Foreign Affairs if he will recognise a Palestinian state in the 1967 borders that it is in the West Bank including the east Jerusalem and Gaza; and if he will accord the Palestine state full diplomatic relations.
The Minister replied:
"I refer the Deputy to my answer to Question No. 16 answered on 22 March, which is outlined as follows. A number of countries, principally in Latin America and including Brazil, Argentina and Chile, have recently decided to recognise a Palestinian state. This is in addition to those states — mostly in Africa or in the Islamic world — who have recognised Palestine for many years.
"Over thirty years ago, Ireland, in a speech by my predecessor of the day, the late Brian Lenihan, was the first EU Member State to declare that the resolution of the Palestinian issue must involve the establishment of a Palestinian state. That is now the policy of the EU and of the international community. I share the commitment of successive Irish Governments to this policy and will be working towards its realisation.
"It would be premature to declare such recognition now, in advance of actual control of the territory in question, a condition to which we in Ireland attach significance. It is also important to recall that the Palestinian leadership, while clearly working towards the declaration of a State in the near future, have not yet done so. The timing of such a declaration will be an important decision for them to take, and may involve potential negative consequences on the ground.
"Separately, a number of EU partners, including Ireland, France, Spain, Portugal and the UK have recently taken steps to upgrade the status of the Palestinian Delegations in their countries, largely in recognition of the continuing progress being made by Prime Minister Fayyad and the Palestinian Authority in building up the institutions of a future Palestinian state. By a decision of the previous Government in January — which I fully endorse — the Palestinian representative office in Ireland was upgraded to Mission status, headed by an Ambassador.
"I very much hope to be able to extend Irish recognition of an actual, functioning Palestinian state during my time in office."
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22 March 2011, Dáil Eireann, questions by Pádraig Mac Lochlainn (Sinn Fein) to Tánaiste and Minister for Foreign Affairs and Trade, Eamon Gilmore.
Pádraig Mac Lochlainn (Sinn Fein) asked the Minister if his attention has been drawn to the fact that a number of States have recently recognised Palestine as an independent state; his plans to do the same; and if he will make a statement on the matter.
The Minister responded as follows:
"A number of countries, principally in Latin America, including Brazil, Argentina and Chile, have recently decided to recognise a Palestinian state. This is in addition to those states, mostly in Africa or the Islamic world, which have recognised Palestine for many years.
"Over 30 years ago Ireland, in a speech by my predecessor, the late Brian Lenihan, was the first EU member state to declare that the resolution of the Palestinian issue must involve the establishment of a Palestinian state. That is now the policy of the European Union and the international community. I share the commitment of successive Irish Governments to this policy and will be working towards its realisation. It would be premature to declare such recognition now in advance of actual control of the territory in question, a condition to which we in Ireland attach great importance. It is also important to recall that the Palestinian leadership, while clearly working towards the declaration of a state in the near future, has not yet done so. The timing of such a declaration will be an important decision for it to take and may involve potential negative consequences on the ground.
"Separately, a number of EU partners, including Ireland, France, Spain, Portugal and the United Kingdom, have recently taken steps to upgrade the status of the Palestinian delegations in their countries, largely in recognition of the continuing progress being made by Prime Minister Fayyad and the Palestinian Authority in building the institutions of a future Palestinian state. By a decision of the previous Government in January, which I fully endorse, the Palestinian representative office in Ireland was upgraded to mission status, headed by an ambassador. I very much hope to be able to extend Irish recognition to an actual functioning Palestinian state during my time in office."
Deputy Mac Lochlainn commented:
"I am mindful of the fact that when we enter Leinster House, the 1916 Proclamation is one of the first documents we see. A few short years after the 1916 Rising and the reading of the Proclamation outside the GPO, the Irish people, by way of their vote for Sinn Féin in the 1918 election, voted in favour of their independence. We had the First Dáil and declared our independence to the world, with a programme for Government based on the 1916 Proclamation. … At that time the world did not recognise our legitimate democratic right to freedom and there were dramatic consequences.
In 1988 the Palestine Liberation Organization … in an extremely honourable compromise was willing to accept 22% of the territory based on the lines drawn in 1967. … Will we take a stand through the Government and lead a charge in Europe to defend the rights of the Palestinian people or does the document at the front of this building amount to sheer hyprocrisy?"
The Minister replied:
"I hope to be able to extend recognition to a Palestinian state during my time in office. It is also clearly the case that the actions of the state of Israel, particularly as they affect Gaza and the settlements, are in breach of international law and involve injustice and humiliation for Palestinians. They constitute an obstacle to the achievement of a comprehensive peace settlement in the Middle East. I have also stated Ireland recently upgraded the status of diplomatic links between Ireland and Palestine, on which we hope to build."
Deputy Mac Lochlainn said:
"I will repeat what was a very simple question. The Tánaiste is new to his position and this is a fresh start. Traditonally his party gave support to the Palestinian people. I ask him, therefore, to take a stand, with Cyprus, in the European Union in recognising the rights of the Palestinian people. That would have a significant and dramatic impact. Ireland is respected internationally for its involvement in peacekeeping and defending the rights of those who are downtrodden. We could take a significant step in this regard. I, therefore, implore the Tánaiste to recognise a Palestinian state as soon as possible to follow in the footsteps of Cyprus, one of our European partners, and a number of countries in Latin America. It would be a significant gesture."
The Minister replied:
"The two-year Palestinian Authority plan to prepare for statehood is due to be completed in the autumn. The response of the European Union to such a declaration of statehood will be a key issue in discussions among EU foreign Ministers. I will be participating fully in those discussions and I am conscious of the necessity to contribute positively to them rather than to anticipate their outcome. My focus will be on advancing them in order that in this country we can provide recognition. I hope in conjunction with other European Union member states.
"As I stated, the plan for statehood is due to be completed in the autumn."
Deputy Mac Lochlainn asked:
"Will Ireland lead the charge in that respect in the European Union? … Will the Minister answer my question, which is a simple one?"
The Minister replied:
"The Deputy need not have any doubts in that regard."
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30 November 2010, Dáil Eireann, written questions by Michael D. Higgins (Labour) to Foreign Minister Micheál Martin.
Question 213: To ask the Minister if he will confirm that retailers are not only free to label goods from the West Bank accurately but that, under an EU Directive, they are obliged to label goods from the West Bank accurately; and if he will make a statement on the matter.
Question 214: To ask the Minister if he recognises that there are goods on the Irish market from companies (details supplied) that are misleadingly labelled particularly in light of Case C386/08 of the European Court of Justice [the Brita case] which clearly stated that produce from illegal Israeli settlements can neither be considered Israeli or Palestinian.
The Minister replied:
>"Goods from settlements in the West Bank are not entitled to avail of the reduced tariff which applies to Israeli goods entering the EU. I have stated in response to previous questions on this topic that I believe it would be helpful to consumers to be able to distinguish between goods from Israel, goods produced by the Palestinian inhabitants of the West Bank, and goods produced in the illegal settlements. It is my understanding that there is nothing to prevent retailers in Ireland from identifying goods in this way if they so choose.
"The questions of place of origin labelling, misleading labelling, and implementation of relevant EU Directives or case law, are not the responsibility of my Department, but fall under the responsibility of a number of home Departments, including the Department of Agriculture, Fisheries and Food, the Department of Health and Children, and the Department of Enterprise, Trade and Innovation. I would also refer the Deputy to my reply to Question No 299 on this topic on 9 November 2010.
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9 November 2010, Dáil Eireann, written question by Michael D. Higgins (Labour) to Foreign Minister Micheál Martin.
Question 299: To ask the Minister the position regarding plans aimed at drafting guidelines for retailers in labelling of goods from illegal Israeli settlements and his views on the reason Ireland has fallen behind other countries on this front who have already implemented such guidelines.
The Minister replied:
"While regulation of food labelling is not the responsibility of the Department of Foreign Affairs, I share the view of the Deputy that many Irish consumers would wish to be aware if they were being asked to purchase produce originating in illegal Israeli settlements in the Palestinian territories. I therefore instructed my officials to initiate contacts on the matter with the responsible Government Departments. I understand from these contacts that the Department of Agriculture, Fisheries and Food, and the Department of Health and Children have received no requests from retailers to produce advice or guidelines in this matter, and that there has been little pressure on the matter from consumers or the general public. Accordingly, this is not regarded by them as a priority concern.
"I am not aware of guidelines having been issued in EU countries, other than in the UK, where the Department of Environment, Food and Rural Affairs (DEFRA) issued advice in December 2009 for retailers who wished to distinguish in food labelling between Palestinian produce from the West Bank and produce from Israeli settlements.
"The UK move came in response to pressure from consumers, charities and NGOs, and at the request of major retailers. It involved a two year process of consultation between concerned Departments and bodies, led by DEFRA, in which the Foreign and Commonwealth Office participated to advise on the political background. It consisted of simple and straightforward technical advice, suggesting how such labelling might be worded, for use by producers and retailers who wished to do so. It had no legal force, but was helpful to some UK retailers who wished to adopt more informative labelling, but felt more comfortable doing so in the context of Government advice.
"It is important to be clear that, just as in the UK, there is nothing to stop Irish retailers now, if they wish, from clearly labelling goods to distinguish settlement produce. They could do so along the same simple and obvious lines as in the DEFRA guidelines, as either ‘Produce of the West Bank (Palestinian produce)’ or ‘Produce of the West Bank (Israeli settlement)’, or any similar wording."
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Accession of Israel to the OECD
29 April 2010, Dáil Eireann, Joe Costello (Labour) raised this issue on the adjournment, response by Minister Micheál Martin (read by Minister of State, Seán Connick).
Joe Costello said:
"I am pleased to have an opportunity to raise this issue on the Adjournment. I understand the OECD is planning to confer member status on Israel at its next meeting on 10 May, and that our Government will be supporting this move. I already raised this matter with the Minister at the Joint Committee on European Affairs, and the committee, at my request, wrote yesterday to the Minister protesting against Ireland’s support, as a member of the OECD, for Israel’s becoming a full member in the present circumstances. The road map for the accession of Israel to the OECD Convention, which was adopted in November 2007, states:
The Council reaffirms that OECD Membership is committed to fundamental values, which candidate countries are expected to share. These fundamental values serve as the foundation of the like-mindedness of OECD Members and have been expressed in various OECD Ministerial Communiques. [...]
These fundamental values include a commitment to pluralist democracy based on the rule of law and the respect of human rights, adherence to open and transparent market economy principles and a shared goal of sustainable development.
The key phrases here are "pluralist democracy" and "respect for human rights". If we now give our imprimatur to Israel’s accession, we are effectively saying that we acknowledge that Israel is not in breach of human rights in its relations with the Palestinian people and that it is a pluralist democracy.
I will quote one or two things the Minister for Foreign Affairs, Deputy Martin, has said in this regard. He wrote in The New York Times on 5 March this year:
I view the current conditions prevailing for the ordinary population [in Gaza] as inhumane and utterly unacceptable, in terms of accepted international standards of human rights. ... I genuinely believe that the medieval siege conditions being imposed on the people of Gaza are unacceptable.
In December 2009, the Minister described Gaza as "an open prison". If that is the view of the Minister - which presumably reflects the view of the Irish Government - how can he back Israel’s OECD membership?
The decision is to be made on 10 May. The only way to address this would be for the Minister to raise at that meeting the issues and concerns that have been expressed throughout Ireland, including the invasion of the Gaza strip in December 2008, which continued into January 2009, and the fact that since then Gaza has effectively been an open prison, as the Minister said - actually, a closed prison. A total of €4.5 billion in funding has been collected from the international community, including the Quartet. Israel will not allow people to move freely from Gaza; nor will it allow any repairs, development or construction work to take place.
The proper response would be for the Minister to argue, on Ireland’s behalf, that this matter should be postponed and no decision should be taken until there is clear, demonstrable proof that Israel will fulfil its human rights obligations under international law - obligations that are part and parcel of the accession process to the OECD. Failing that, Ireland should dissent from the decision on Israel’s accession to the OECD."
Seán Connick replied:
"I thank the Deputy for raising this matter on the Adjournment. The Minister for Foreign Affairs appreciates the opportunity afforded by this debate to address on the floor of the House these matters, to which the Minister has replied in several parliamentary questions over the last week or so, including a reply issued today to a written parliamentary question tabled by Deputy Costello. The Minister welcomes the engagement of the Oireachtas on this matter as well as that of civil society organisations, several of which met with our ambassador to the OECD in Paris last week, and others who will meet officials from the Department of Foreign Affairs during the course of next week.
In June 2008, at the annual Association Council meeting with Israel, the EU agreed in principle to further enhance its relationship with Israel. The EU restated this agreement in principle at its December 2008 External Relations Council. Ireland agreed with this decision, but acted with other member states to ensure that the decision of the External Relations Council included a clear linkage to the EU’s political concerns in the region, especially progress on the peace process.
Following the Gaza conflict, Ireland and other member states argued that for the EU to proceed at this time with the proposed upgrade would be open to misinterpretation, both in the wider Middle East region and in Israel itself. In June 2009 the Council agreed that the time was not right to proceed with the upgrade. This remains the position for now. It is the Government’s view that nothing has happened to alter that decision. For practical purposes, co-operation with Israel continues to be guided by the existing Action Plan.
With regard to the proposed accession of Israel to the OECD, it should be recalled that the OECD has periodically enlarged its membership since its foundation in 1961 with 20 members, including Ireland, to its current membership of 30. In 2007, the OECD ministerial council meeting decided, by consensus, to open accession discussions with five countries, including two EU partners: Estonia, Slovenia, Chile, Israel and the Russian Federation. The OECD accession process involves submission of an initial memorandum which sets out the country’s position on more than 200 OECD legal instruments, and technical accession reviews by 22 OECD committees assessing the country’s compliance with the OECD acquis- that is, the organisation’s standards for multilateral co-operation. These obligations include liberalisation commitments under the OECD investment instruments, adoption of national laws which comply with the requirements of the OECD anti-bribery convention, and commitments related to environmental policy. A final decision is made by the Council of the OECD to invite the candidate country to accede.
An invitation to accede to the OECD is based upon the applicant country’s compliance with the organisation’s acquis and does not relate to or imply approval for other actions or policies of that state. This is a very important point, which must be emphasised. Agreeing to an application from a particular state to accede to the OECD does not in any way indicate the OECD’s approval of other policies or practices of the country concerned. What the 30 members of the OECD are acknowledging is that a successful applicant is in compliance with the organisation’s acquis.
An accession agreement with Chile was signed on 11 January of this year and it will accede formally to the organisation once ratification procedures are completed. It is expected that Slovenia, Estonia and Israel will complete their accession procedures this year. The accession process for Russia is moving at a slower pace and there is currently no predicted date for completion. In the case of Israel, on the basis of formal opinions and all other relevant technical information, the Secretary-General of the OECD has recommended to the OECD council that Israel be invited to accede to the organisation. It is expected that the OECD council will address this matter over the weeks ahead.
Throughout the Israeli accession negotiations, the EU has adopted a cohesive approach. It plans to issue a common statement at the OECD council when a decision to formally invite Israel to become a member is taken in the coming weeks. It is anticipated that the EU will note that Israel has taken a number of important steps forward through the adoption of new legislation, regulations and policy directions in many areas, including anti-corruption measures, the environment, competition and intellectual property rights. It is also likely to state that Israel is expected to demonstrate readiness for compliance with the recommendations made by OECD bodies in the accession process and to pursue reforms, especially in areas in which implementation periods were granted or commitments have been undertaken.
On one issue of particular sensitivity - that of statistics on Israel - the following footnote will appear in all OECD documents which include statistical data on Israel:
The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law.
The use of this footnote will be formally agreed in an exchange of letters between the OECD and Israel which will be signed this evening in Paris. Taking all requirements of the accession process into consideration, the Minister for Foreign Affairs expects that Ireland will join the other 29 members of the OECD in formally inviting Israel to become a member. Upon acceding to the OECD, Israel, like all new members, will be subject to vigorous and objective peer review processes across a range of areas, including potentially sensitive ones such as labour standards and issues relating to income inequality and discrimination. We will work with partners in ensuring that Israel fully complies with all the obligations arising from OECD membership.
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Settlement goods: The Brita Case
22 April 2010, Dáil Eireann, Joe Costello (Labour), response by Minister Micheál Martin
Question 137: To ask the Minister for Foreign Affairs if his attention has been drawn to the European Court of Justice judgment in a case (details supplied); if he considers that the same principle informing that decision applies to all products which are produced in the illegal Israeli settlements in the West Bank and sold in the EU market; the steps he will take to prevent such products being sold here; if he will raise the matter at the next Council of Minister’s meeting; and if he will make a statement on the matter.
The Minister replied:
"I have been following with interest the progress of this important case. The judgment of the European Court of Justice on 25 February confirmed the principle that goods produced in Israeli settlements in the West Bank are not entitled to avail of the preferential tariff rates applying to goods from Israel. The judgement confirms existing practice, rather than introducing a new principle, and relates only to the tariff rate applying to goods originating in settlements.
As regards the broader question of preventing goods from settlements entering the EU, I refer the Deputy to my reply to Question No. 614 on 20 April 2010, which was as follows:
"Goods produced in settlements in the West Bank are not per se illegal, but they are not entitled to benefit from the EU’s preferential tariff rates. This principle has been recently confirmed in an important European Court ruling in the Brita case.
The total exclusion of goods originating in settlements, without also affecting general West Bank produce, would involve significant legal and practical complexities. This is an area of EU competence, and I do not consider that there is any realistic prospect of obtaining agreement to such a proposal at EU level."
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Accession of Israel to the OECD
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21 April 2010, Dáil Eireann, Aengus O Snodaigh (Sinn Fein), response by Minister Micheál Martin
Question 150: To ask the Minister for Foreign Affairs if he will use his veto to prevent the admission of Israel as a member of the Organisation for Economic Co-operation and Development until such time as Israel ends its occupation of Palestinian territory, ends the systemic and institutionalised racism and discrimination against all Palestinians living in Israel which amounts to an apartheid system and second class citizenship and recognises the right of all Palestinian refugees to return and acts accordingly.
The Minister replied:
"The Organisation for Economic Co-operation and Development (OECD) has periodically enlarged its membership since its foundation with 20 Members, including Ireland, in 1961. It currently has 30 members, with the Slovak Republic the most recent to accede, in 2000.
In 2007, the OECD Ministerial Council Meeting decided, by consensus, to open accession discussions with Chile, Estonia, Israel, the Russian Federation and Slovenia.
The OECD accession process involves submission of an initial memorandum (which sets out the country’s position on more than 200 OECD legal instruments), technical accession reviews by 22 OECD committees assessing the country’s compliance with the OECD acquis (obligations include liberalisation commitments under the OECD investment instruments, adoption of national laws which comply with the requirements of the OECD Anti-Bribery Convention as well as commitments related to environmental policy), and a final decision by the Council of the OECD to invite the candidate country to accede.
An invitation to accede to the OECD is based upon the applicant country’s compliance with the Organisation’s acquis and does not relate to or imply approval for other actions or policies of that State.
An accession agreement with Chile was signed on 11 January of this year and it will accede formally to the Organisation once ratification procedures are completed.
It is expected that Slovenia, Estonia and Israel will complete their accession procedures this year. The accession process for Russia is moving at a slower pace and there is no predicted date for completion.
In the case of Israel, on the basis of formal opinions and all other relevant technical information, the Secretary-General of the OECD has recommended to the OECD Council that Israel be invited to accede to the Organisation. It is expected that the OECD Council will address this matter over the period ahead.
During the Israeli accession negotiations, the EU has adopted a cohesive approach and plans to issue a common statement at the OECD Council when a decision to formally invite Israel to become a member is taken in the coming weeks. It is anticipated that the EU will note that Israel has taken a number of important steps through the adoption of new legislation, regulations and policy directions in many areas, including anti-corruption, the environment, competition and intellectual property rights.
It is expected that the EU statement will also state that Israel is expected to demonstrate readiness for compliance with the recommendations made by OECD bodies in the accession process and to pursue reforms, especially in areas where implementation periods were granted or where commitments have been undertaken.
Taking all requirements of the accession process into consideration it is expected that Ireland will join with the other 29 members of the OECD to formally invite Israel to become a member. We will work with partners in ensuring that Israel fully complies with all the obligations arising from OECD membership."
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Chris Andrews (Fianna Fail) and Joe Costello (Labour) asked similar questions on 27 April 2010 (Question 257) and 29 April 2010 (Question 201), and got similar anawers.
Policy on Boycott, Sanctions and Divestment
21 April 2010, Dáil Eireann, Aengus O Snodaigh, (Sinn Fein), Dáil Eireann, response by Minister Micheál Martin
Deputy O Snodaigh asked the Minister if he will advocate a policy of boycott, divestment and sanction against Israel by Ireland and the EU in protest against the institutionalised and systemic racism and discrimination against Arabs living in Israel which amounts to a system of apartheid; his views on whether it is untenable to reward a country with preferential trade whose basic law prohibits non-Jews from purchasing 93% of the land and provides that nationals have many more rights than citizens while excluding non-Jewish citizens from being nationals and for which it has been condemned by a US State Department Report.
The Minister replied:
"I have been frank and open in criticising aspects of Israeli policies in relation to both political and human rights issues, and in raising these bilaterally and at EU level.
However, as I have made clear on many occasions, including most recently at the ICTU Conference on Palestine held on 16 April 2010, the Government does not support proposals for trade, academic, cultural or other boycotts against Israel. This has been the consistent policy of successive Irish Governments.
Similarly, and as I have stated on many occasions, I do not believe it would be either helpful or feasible to seek the suspension of the operation of the EU-Israel Association Agreement or the trade benefits it confers, despite our many and clear differences with Israel on issues relating to their continuing occupation of Palestinian Territories. Such an approach would not increase our influence on Israeli policy or public opinion, nor among our EU colleagues. Nor is there any possibility of reaching agreement on such a policy at EU level, which would in fact require a consensus in favour of such sanctions."
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Purchase of Defence Force Equipment from the Israeli military
21 April 2010, Dáil Éireann, Michael D. Higgins (Labour Party), and Aengus O Snodaigh (Sinn Fein) response by Taoiseach Brian Cowen, Minister for the Defence Forces
Deputy Michael D. Higgins asked the Minister the total value of goods or equipment purchased by the Defence Forces from Israeli companies; the steps taken before such contracts are awarded to ensure that such companies are not involved in unethical conduct or in activities that might be illegal under international law; and if he will make a statement on the matter.
Deputy O Snodaigh asked the Minister for Defence his views on whether the European Defence Agency Code of Conduct is a voluntary, non-binding agreement which involves no legal commitment and that in all cases of defence procurement final authority for contract award remains with the member state; if he will stop using the code as a justification for awarding Defence Forces contracts to Israeli-based companies; if, in the interest of the protection and enhancement of human rights he will direct that Israeli companies be excluded from all Defence force tendering processes.
Minister for Defence (Deputy Tony Killeen) replied:
"A number of Israeli companies have won orders for defensive equipment in recent years as a result of tender competitions. Since 2005, the Department has purchased small arms ammunition, X-Ray equipment for Explosive Ordnance Disposal duties (EOD), helmets for personal protection, an Artillery Fire Control System, Unmanned Aerial Vehicles, commonly referred to as UAVs and a Surveillance and Target Acquisition Suite from Israeli suppliers. The total value of defensive equipment acquired or being acquired from Israeli companies since 2005 is in the region of €13.9m, inclusive of VAT. In each case, the main contract was awarded by tender competition, conducted impartially on the basis that the company concerned had submitted the best tender.
Tender competitions for defensive equipment for the Defence Forces are conducted by the Department of Defence in accordance with EU procurement guidelines. For procurements of defensive equipment in excess of €1million, the European Defence Agency (EDA) Code of Conduct on Defence Procurement is observed and competitions are advertised on the EDA’s Electronic Bulletin Board. Tender competitions are held in accordance with the EU Code of Conduct on Export Controls. Accordingly, competitions are open to any individual or country in accordance with the terms of all UN, OSCE and EU arms embargos or restrictions. To properly follow these guidelines and codes, the Department of Defence must deal impartially with all companies that are entitled to enter its procurement competitions and must evaluate tenders on the basis of objective criteria.
The European Defence Agency’s Code of Conduct for defence procurement in the Supply Chain was developed to ensure transparency in procurement and security of supply of defence equipment. Ireland is a subscribing member to the Code of Conduct and accordingly must follow the EDA’s procurement rules. The Electronic Bulletin Board in the EDA acts as a single portal for defence contract opportunities. This enables wider advertising of defence force contracts so as to achieve better value for money for Ireland’s expenditure on defensive equipment.
The principle of competitive tendering for Government contracts has to be used by the Department of Defence for the acquisition of defensive equipment for the Defence Forces. Central to those procedures is the requirement to allow fair competition between suppliers through the submission of tenders. Such tender competitions are open to any individual company or country in accordance with the terms of all UN, OSCE and EU arms embargos or restrictions. There are no such restrictions or embargos in place on Israeli companies.
The matter of a general trade embargo on Israel raises implications for foreign policy. The Irish Government has consistently been opposed to proposals for trade, diplomatic, cultural, academic, sporting or other boycotts of Israel. In the absence of a general trade embargo of Israel, the Department of Defence cannot unilaterally preclude Israeli companies from participating in tender competitions."
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1 April 2010, Seanad Éireann, Labhrás Ó Murchú (Fianna Fail)
"I return to the issue of Israel’s blockade of Gaza. It is evident that the blockade has produced an unprecedented humanitarian crisis, perhaps the worst since the Israeli occupation began in 1967. Israel is now in contravention of the Geneva Convention. As an occupying force, it is responsible for the welfare of 1.5 Palestinians in Gaza. Although it has indicated it has disengaged from Gaza, it remains in effective control of the area and is, under Article 55 of the Fourth Geneva Convention, still responsible for it.
"Israel is also flying in the face of the agreement on movement and access signed in 2005. It is clearly not listening to world opinion, including the views of its close friend and supporter, the United States. If Israel does not respond to the humanitarian crisis, it should be brought before an international tribunal and held responsible for the suffering it is inflicting on women and children in Gaza. If the world does not speak out and demand such a tribunal we, too, will be found wanting at the bar of history when this matter is judged subsequently."
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30 March 2010, Dáil Éireann, Minister Micheál Martin (responding to Billy Timmins, Fine Gael)
Billy Timmins (Fine Gael) asked the Minister for Foreign Affairs, Micheál Martin, about "the use of stolen Irish passports in the United Arab Emirates in January 2010".
The Minister replied:
"The first indication we received of the use of false Irish passports in connection with the killing of Mr. Mahmoud al Mabhouh was on 4 February, when local press reports in Dubai stated that several suspects were believed to have entered Dubai on Irish passports. The ambassador of Ireland to the United Arab Emirates, Mr. Ciarán Madden, immediately contacted the United Arab Emirates Ministry of Foreign Affairs to seek clarification as to the truth of these reports. On 8 February, the ambassador, Mr. Madden, was received at the United Arab Emirates Ministry of Foreign Affairs and was informed that it had no information at that time but that the matter was under investigation by the United Arab Emirates security services.
"On 15 February, the Dubai chief of police gave a news conference during which he gave the details of fake Irish passports. My Department, in co-operation with the Garda and the security services, immediately commenced an investigation into the apparent use of fraudulent Irish passports, including making contact with the Irish citizens whose passport numbers had been stolen. I have discussed the matter with the United Arab Emirates Foreign Minister and have assured him of Ireland’s co-operation. The Attorney General took the opportunity presented by his St. Patrick’s Day visit to the United Arab Emirates to discuss the issue with the Foreign Minister.
"The ambassador, Mr. Madden, has maintained ongoing contact with the United Arab Emirates Ministry of Foreign Affairs and the Dubai police, in addition to liaising with his German, French, Australian, Austrian and British counterparts. He met the United Arab Emirates Foreign Minister, Sheikh Abdullah Bin Zayed al Nahyan, to discuss the situation. The Dubai police have shared with us the details of the fraudulent passports it suspects were used and we have passed on these to the investigating gardaí.
"Officials from our embassies in Paris, London and Berlin have been in contact with the foreign ministries of those countries to ensure a co-ordinated response. Senior officials of my Department have also met on two occasions with the Australian ambassador to Ireland and shared information with him. I have discussed the situation on a number of occasions with the British Foreign Secretary Mr. David Miliband and we are co-operating closely and sharing information. On Monday of last week, the British Foreign Office briefed our Embassy in London to the effect that the Serious Organised Crime Agency, SOCA, investigation had found "compelling circumstantial evidence" of Israeli involvement in the production of false British passports. Our own investigations by the Department and the Garda are ongoing. I expect them to be completed by the middle of next month.
"On 22 February I met the Israeli Foreign Minister, Mr. Avigdor Lieberman, in Brussels to outline how seriously we take the misuse of Irish passports. Our ambassador to Israel also met with the Europe Director of the Israeli Ministry of Foreign Affairs and registered Ireland’s serious concerns. The Israeli ambassador to Ireland was invited to Iveagh House where senior officials of the Department of Foreign Affairs stressed the seriousness with which the Government viewed the matter. It is simply unacceptable that totally innocent Irish citizens could have been endangered through this fraudulent use of Irish passports. The consequences of innocent Irish citizens being implicated in the murder of a Hamas commander could have been extremely serious.
"Our primary focus in all of this has been to guarantee the security of the Irish citizens affected. There are now a total of eight false or falsely obtained Irish passports in question. We have spoken to all of the citizens who hold or have held passports with numbers provided by the Dubai authorities and we have provided them with new passports.
"Last month at the Foreign Affairs Council, EU Foreign Ministers strongly condemned the fact that those involved in this action have used fraudulent EU member states’ passports and credit cards acquired through the theft of EU citizens’ identities. As stressed in the past, particularly in March 2004, by EU Heads of State and Government at the European Council, the Union has consistently opposed extra-judicial killings, which are contrary to international law."
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30 March 2010, Dáil Éireann, Billy Timmins (Fine Gael)
Billy Timmins (Fine Gael) asked the Minister for Foreign Affairs, Micheál Martin:
"Does the Minister agree that all settlement activity is illegal under international law? It is the policy of the Government and the EU that settlements that were constructed since March 2001 should be deconstructed and that there should be a freeze in settlements.
"Does the Minister also agree that as we speak there are continuing forced evictions in east Jerusalem?
"Does he further agree with the spokesperson from the White House who stated that the decision to proceed with the 1,600 houses in east Jerusalem was destructive to the peace efforts during Mr. Biden’s visit? Does the Minister believe that Prime Minister Netanyahu is serious about being involved in a peace process if he carries out that activity when efforts are being made to initiate the peace process?
"I expect the answer to all of those questions will be ‘Yes’.
"More importantly, what people want to know is what the international community can do rather than wring its hands in anger. What steps can be taken or will someone be standing in the Chamber in 20 years raising the same issues while the humanitarian crisis and the terror of the people in Gaza and the West Bank continue?"
The Minister replied:
"I agree with what the Deputy has outlined in terms of the illegality of settlements which are contrary to international law. The fundamental problem is that the facts on the ground continue to feed scepticism on the Palestinian side that the Israeli Government is open to a deal."
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30 March 2010, Dáil Éireann (Written Answer), Caoimhghín Ó Caoláin (Sinn Fein)
Caoimhghín Ó Caoláin (Sinn Fein) asked the Minister for Foreign Affairs, Micheál Martin, a question about Israel’s preferential trade with the EU under the Euro-Med Agreement, in particular, he asked what steps the Minister "will take to officially break the EU consensus which affords Israel preferential trade by withdrawing Irish consent for this in view of the recent announcement by Israel of its intention to build a further 1,600 illegal settlement houses and the many atrocities committed by that State".
The Minister replied:
"I have on many occasions restated the consistent policy of successive Irish Governments that it would be neither helpful nor feasible to pursue EU trade measures against Israel, despite our many and clear differences with them on issues relating to their continuing occupation of Palestinian Territories. Such an approach would not increase our influence on Israeli policy or public opinion, nor among our EU colleagues. Nor is there any possibility of reaching agreement on such a policy at EU level, which would in fact require a consensus in favour of such sanctions.
In answer to questions from other deputies, the Minister said:
"I support any initiative to positively address the dreadful situation in Gaza. … As I saw myself, there has been very little reconstruction of damaged buildings and infrastructure, due to the continued blockade on the import of construction materials. … There have been some recent positive steps by the Israeli authorities, acting in cooperation with the UN, UNRWA and the Quartet Representative, Tony Blair, in allowing in materials for 150 housing units, work on the sewage treatment plant, an elevator for the maternity hospital, the flour mill, and some window glass and window and door frames. But UN Secretary General Ban has accurately described these exceptions to the blockade – welcome as they are – as ‘a drop in a bucket’. The only acceptable and rational policy is for a complete and lasting end to the blockade."
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Goldstone Report and Minister’s visit to Gaza
23 March 2010, Dáil Éireann (Written Answer), Ciaran Cuffe (Green Party) and response by the Minister for Foreign Affairs, Micheál Martin
Ciaran Cuffe (Green Party) asked the asked the Minister for Foreign Affairs, Micheál Martin, about (a) the Goldstone report, and (b) his recent trip to Gaza.
The Minister replied:
"As I have reported to the House on previous occasions, most recently on 11 February, I consider the Goldstone Report to be a serious and important contribution to efforts to determine the truth of allegations about events in Gaza a year ago, to establish accountability for them, and to seek to prevent a recurrence of such alleged infringements of international law. I have commended Judge Goldstone and his colleagues, including retired Defence Forces Colonel Desmond Travers, for their work.
"The UN General Assembly last November adopted a Resolution, supported by Ireland, which called on the parties to the conflict to report within three months on their implementation of the Resolution, and particularly the requirement to establish independent and transparent enquiries into allegations relating to the conduct of their forces during the conflict. On 4 February UN Secretary General Ban sent to the General Assembly the reports he had received from Israel and the Palestinian Authority. SG Ban noted at that stage that the reports do not provide enough information to be clear yet if the General Assembly Resolution has been complied with, or is in the process of being complied with.
"The UN General Assembly subsequently adopted on 26 February a follow-up Resolution on the Goldstone Report which renewed the call on all parties to establish and conduct credible and independent investigations to an international standard. Ireland was one of the 98 countries who voted in favour of this Resolution. The Resolution calls for a further report from the SG within a period of five months, by 26 July, on the implementation of the Resolution. Discussions are now also underway at the UN Human Rights Council in Geneva on follow up to the original Resolution adopted by the HRC last October, following publication of the Goldstone Report."
On his visit to Gaza, the Minister said:
"Regarding my recent visit to Gaza, it had been my intention to travel to Gaza for some time – I had repeatedly expressed my serious concerns over the situation there and it was clearly important that I see for myself the full humanitarian consequences of the blockade imposed on the Strip. My visit was also an invaluable opportunity to examine the vital humanitarian work being undertaken by the United Nations Relief and Works Agency (UNRWA) in Gaza and which Irish Aid is actively supporting.
"The programme for my visit was drawn up in close collaboration with UNRWA and its Irish born Director of Operations, John Ging, and afforded me the opportunity to see the truly impressive work which UNRWA is performing in maintaining basic humanitarian services for the people of Gaza. Among the locations I visited were an UNRWA food distribution centre in Rafah and two UNRWA preparatory schools.
"I have stated clearly since visiting Gaza that the current conditions prevailing for the ordinary population in Gaza are inhumane and utterly unacceptable in terms of accepted international standards of human rights. The international community has to do very much more to bring the unacceptable humanitarian crisis in Gaza to an end. Eighty per cent of the population of Gaza now live below the poverty line and UNRWA are encountering increasing levels of abject poverty where people basically do not have enough food, even with their meagre food allocations, to live. This situation can not be allowed to continue, or deteriorate even further.
"At a meeting with EU High Representative Catherine Ashton and my fellow EU Foreign Ministers in Cordoba on 5 March I raised my full concerns regarding Gaza and I therefore very much welcome both the High Representative’s visit to Gaza on 18 March as well as UN Secretary General Ban’s visit on 21 March. These visits are contributing to maintain international attention on Gaza and are highlighting the difficulties faced on a daily basis by the population. I note that there has been some recent easing of restrictions by the Israeli authorities which has allowed in materials for 150 housing units, necessary work on the sewage treatment plant and on the flour mill, as well as some window glass and window and door frames. However welcome this easing of restrictions is, the only acceptable policy remains for a complete and lasting end to the blockade. I personally will continue to raise the intolerable situation in Gaza at EU and international level and to lend my support to efforts to end the blockade as soon as possible."
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The EU-Israel Association Agreement
23 March 2010, Dáil Éireann (Written Answer), Ciaran Cuffe (Green Party) and the Minister for Foreign Affairs, Micheál Martin,
Ciaran Cuffe (Green Party) asked the asked the Minister for Foreign Affairs, Micheál Martin, "if the respect for human rights and democratic principle enshrined in the EU and Israel Association Agreement is being shown by the State of Israel".
The Minister replied:
"The EU-Israel Association Agreement forms the legal basis for relations between the EU and Israel. As the Deputy has indicated, Article 2 of this Agreement states that relations between the parties, as well as all the provisions of the Agreement itself, will be based on respect for human rights and democratic principles, which guides their internal and international policy and constitutes an essential element of the Agreement. This respect for human rights is a fundamental element of the European Union’s relations with all other states.
"Under the provisions of the current Association Agreement, there are procedures for raising human rights concerns directly with the Israeli authorities and these are regularly evoked alongside use of more regular diplomatic channels to make EU views on human rights issues known to the Israeli authorities. It is intended that these procedures will be strengthened in the near future through establishment of a dedicated sub-committee on human rights which will examine such issues as fundamental freedoms and the rights and protection of minorities.
"Within the EU, Ireland has long been among the most active Member States in ensuring that we convey our serious concerns about any breaches of international law and human rights abuses in the occupied territories to the Israeli Government at every opportunity. The EU has made it very clear to Israel particularly that settlement construction in the Occupied Territories, including East Jerusalem, is illegal under international law. The EU has repeatedly called on Israel to honour its commitments under the Road Map and other international agreements to freeze all settlement activity, including ‘natural growth’, and to dismantle outposts built since 2001.
"The EU has also repeatedly made clear its serious concerns, most recently in the Conclusions adopted by the Foreign Affairs Council last December, at the unacceptable and counter-productive blockade of Gaza, the policy of forced evictions and demolitions currently being applied in East Jerusalem, and continuing heavy restrictions on movement for Palestinians in the occupied territories. It is clear that the Israeli government must do a great deal more to improve the basic situation and living conditions on the ground for ordinary Palestinians, if the appropriate political environment is to be created for meaningful dialogue and progress towards resolution of final status issues and achievement of a negotiated two-State solution.
"In addition to existing EU statements on human rights concerns in the occupied territories, Ireland has taken a strong position regarding any proposed upgrading of EU relations with Israel. I made it clear to my EU colleagues on several occasions that events since the Israeli military operation in Gaza early last year means that there cannot be a ‘business as usual’ approach to proceeding with the upgrade. I have consistently argued that account must be taken of overall developments in the peace process before the upgrade, which was postponed in June 2009, can go ahead."
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Defence Force Purchases from the Israeli military
23 March 2010, Dáil Éireann (Written Answer) Aengus Ó Snodaigh (Sinn Fein) and Ciaran Cuffe (Green Party), responses by The Minister of Defence, Taoiseach, Brian Cowan
The Minister of Defence, Taoiseach, Brian Cowan, was asked a series of questions by Aengus Ó Snodaigh (Sinn Fein):
- if the Defence Forces are in the process of procuring, or recently procured, ammunition; and if so, if any Israeli companies submitted tenders for the contract;
- if he will takesteps to exclude all Israeli based companies from tendering for Defence Force procurement contracts;
- if his attention has been drawn to the fact that the European Defence Agency code of conduct on defence procurement is explicitly a voluntary non-binding agreement which involves no legal commitment and which leaves the member State the authority to award its own contracts; and if in view of this, he will intervene to prevent the Defence Forces from sourcing ammunition from an Israeli arms company.
Ciaran Cuffe (Green Party) asked what purchases have been made from the State of Israel or Israeli Defence contractors in recent years, including the purchases of drones and troop carriers.
The Taoiseach replied:
"Tender competitions for defensive equipment for the Defence Forces are conducted by the Department of Defence in accordance with EU procurement guidelines. For procurements of defensive equipment in excess of €1 million, the European Defence Agency (EDA) Code of Conduct on Defence Procurement is observed and competitions are advertised on the EDA Electronic Bulletin Board. Tender competitions are held in accordance with the EU Code of Conduct on Export Controls. Accordingly, competitions are open to any individual or country in accordance with the terms of all UN, OSCE and EU arms embargoes or restrictions. To properly follow these guidelines and codes, the Department of Defence must deal impartially with all companies that are entitled to enter its procurement competitions and must evaluate tenders on the basis of objective criteria.
"A number of Israeli companies have won orders for defensive equipment in recent years as a result of tender competitions. Since 2005, the Department has purchased small arms ammunition, X-Ray equipment for Explosive Ordnance Disposal duties (EOD), helmets for personal protection, an Artillery Fire Control System, Unmanned Aerial Vehicles, commonly referred to as UAVs, and a Surveillance and Target Acquisition Suite from Israeli suppliers. The total value of defensive equipment acquired or being acquired from Israeli companies since 2005 is in the region of €13.9 million, inclusive of VAT. In each case, the main contract was awarded by tender competition, conducted impartially in compliance with the codes and guidelines set out above, on the basis that the company concerned had submitted the best tender.
"The order for the Surveillance and Target Acquisition suite was placed with Elbit Systems Limited last year. The order is for the supply of surveillance equipment for four out of a total of twenty-seven Light Tactical Armoured Vehicles that are being supplied this year by BAE Systems in South Africa. The order was placed following a tender competition and has a value of €2.37 million inclusive of VAT. The four Surveillance and Target Acquisition Suites are required to enhance the capability of the Defence Forces to carry out overseas Peace Support Operations. They will be used as an information-gathering asset and will provide a means to enhance force protection and the safety of Irish troops whilst on such missions. There is no order placed with an Israeli company for troop carriers.
"In addition, an order for two additional portable mini-Unmanned Aerial Vehicle Systems, commonly referred to as UAVs, was placed in late 2009 with Aeronautics Defence Systems Limited from Israel. The value of the order is the region of €1.7 million, inclusive of VAT. The initial delivery of UAV systems, with a value of €0.958 million inclusive of VAT, took place at the end of 2007 following a tender competition. The UAV systems were acquired to enhance the capability of the Defence Forces to carry out surveillance and target acquisition for overseas Peace Support Operations. The UAVs have the capability to provide a low cost and low risk means to increase capabilities and enhance force protection by performing missions without requiring or risking the use of manned aircraft. The UAVs are an information-gathering asset and are unarmed.
"In recent weeks the Department initiated a tender competition for 5.56 mm ammunition. The tender competition is ongoing and tender proposals have not yet been submitted in respect of this competition. The Department of Defence has no information at this stage as to what companies will submit such tender proposals.
"As I have already outlined above, the principle of competitive tendering for Government contracts has to be used by the Department of Defence for the acquisition of defensive equipment for the Defence Forces. Central to those procedures is the requirement to allow fair competition between suppliers through the submission of tenders. Such tender competitions are open to any individual company or country in accordance with the terms of all UN, OSCE and EU arms embargoes or restrictions. There are no such restrictions or embargoes in place on Israel or Israeli companies.
"The matter of a general trade embargo on Israel raises implications for foreign policy. The Irish Government has consistently been opposed to proposals for trade, diplomatic, cultural, academic, sporting or other boycotts of Israel. In the absence of a general trade embargo of Israel, the Department of Defence cannot unilaterally preclude Israeli companies from participating in tender competitions.
"The primary purpose for the procurement of defensive equipment by the Department of Defence is to enhance the capability of the Irish Defence Forces on overseas Peace Support Operations and to afford the greatest possible force protection to Irish troops whilst on such missions."
Note that the Taoiseach did not address Aengus Ó Snodaigh’s point that "the European Defence Agency code of conduct on defence procurement is explicitly a voluntary non-binding agreement" that the Department of Defence did not have to apply.
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Settlement Construction in East Jerusalem
Settlement Construction in East Jerusalem
10 March 2010, Dáil Éireann, Aengus Ó Snodaigh (Sinn Fein)
Aengus Ó Snodaigh (Sinn Fein) requested the adjournment of the Dail to consider the Israeli Government’s decision to build 1,600 housing units in East Jerusalem:
"Ba mhaith liom an Dáil a chur ar athló chun an cheist rí-thábhachtach seo a phlé, the urgent need for the Government to respond to the rogue Israeli State’s intention to build a further 1,600 illegal settlement homes with swift and effective action by breaking the EU’s do-nothing, business as usual consensus and by officially withdrawing Irish consent for the continuation of the association agreement that offers Israel preferential trade terms. This action is necessary to send Israel a clear message that its occupation is unpardonable, its blockade deplorable and its abuse of third party nationals, including through the theft of passports, intolerable. While I welcome the stance of the Minister for Foreign Affairs on Palestine, I ask the Taoiseach to support him against the insults made by EU spokesperson, Baroness Ashton, when he made his report to the EU."
The Ceann Comhairle refused Aengus Ó Snodaigh’s request.
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