Ireland prepared to act alone in EU on banning trade with Israeli settlements, Taoiseach says

A Palestinian walks on a street damaged during a military operation in the West Bank city of Jenin, last month. Picture: AP /Majdi Mohammed

Ireland is prepared to act alone in Europe and suspend trade with illegal Israeli settlements in the West Bank, the Taoiseach has said.

"Ireland will not wait for everybody in Europe to move on the issue of trade in the occupied Palestinian territories and next week, my Government will receive formal advice from our own Attorney General as to what we may be able to do in this area," Simon Harris said.

He was speaking at the margins of an EU-Gulf summit where the two-state solution is on the agenda but there are no expectations of any substantive movement in this regard.

Mr Harris acknowledged Ireland and Spain were two of the only EU countries pushing for the EU to use "any sort of leverage" it has with Israel to bring about a ceasefire.

The two countries have for several months called for a review of the EU-Israel Association Agreement which contains a human rights clause, as a means of applying pressure on Israel.

But the calls have fallen flat in the commission and among the majority of EU countries who don’t want to open the debate with Israel.

“It's important to say Europe has not yet used every lever at its disposal. It is entirely appropriate that the EU Israel association agreement would be reviewed”, said Mr Harris.

The Taoiseach said the Government had shifted its position on the Occupied Territories Bill in light of the Advisory Opinion of the International Court Of Justice, which reaffirmed the Israeli presence in the West Bank as “unlawful” and should be ended “as rapidly as possible”, including all new settlement building and current settlements.

Taoiseach Simon Harris said the ICJ opinion, which bestows on UN members an 'obligation not to recognise as legal the situation arising from the unlawful presence of Israel in the Occupied Palestinian Territory' adds new weight to the argument of suspending trade with the settlements.

Although he said the bill as it stood would need to be amended to fall in line with EU law.

Mr Harris said the ICJ opinion, which bestows on UN members an “obligation not to recognise as legal the situation arising from the unlawful presence of Israel in the Occupied Palestinian Territory” adds new weight to the argument of suspending trade with the settlements.

“Since the ICJ advisory opinion has been given in July… I would go so far as to say it is now no longer a discretion on countries that support the ICJ. It is an obligation to take actions," he said.

However, the EU has full competence on the issue of trade and in the past has confirmed “only the European Union may legislate and adopt legally binding acts. The member states are only able to do so themselves if empowered by the European Union”.

"With regard to matters of international trade, the EU treaty allocates the exclusive competence for the common commercial policy to the European Union. As a result, only the European Union may legislate and adopt legally binding acts," said commission spokesperson Olof Gill. 

But the Taoiseach appeared to point to the fact international law takes precedence over EU law, saying the ICJ opinion was a “game-changer”.  

“I absolutely understand trade is an EU competency. I absolutely support that reality but ICJ advisory opinion is a game-changer as it now places an obligation on countries to do all they can to help end the unlawful and illegal occupation. I'm not going to ignore the obligation that I believe that exists on Ireland to act," he said.