Ireland seeking legal advice over trade with Israel

Simon Harris said ‘every lever’ must be pulled to maximise pressure on the Israeli government to bring forward a cessation of violence in Gaza Picture: Brian Lawless/PA

The Taoiseach is seeking legal advice over trade with Israel.

While noting that international trade policy is an EU competency, Simon Harris said he was writing to Attorney General Rossa Fanning for “fresh legal advice” on the domestic possibilities.

Mr Harris said that “every lever” must be pulled to maximise pressure on the Israeli government to bring forward a cessation of violence in Gaza.

The leaders of the coalition parties decided on Thursday that the State would not procure any further defence or military equipment and contracts from Israel.

Speaking on Friday, Mr Harris said the action was “appropriate” and in line with rulings of the International Court of Justice.

I'm going to write to the Attorney General and I'm going to seek fresh legal advice in relation to the entire matter of trade in the context of the most recent International Court of Justice ruling

In July, the UN’s top court declared Israel’s presence in the occupied Palestinian territories unlawful and called for settlement construction to stop immediately.

Mr Harris said: “I think it’s really important when an international court makes substantive findings, that those findings are given effect in every way.”

He called it a “further step” after Ireland had recognised Palestinian statehood, voted to support Palestine’s membership of the UN and increased humanitarian aid to the region.

“In the midst of one of the greatest humanitarian catastrophes of our lifetime, where children are dying and being maimed on a daily basis, where the World Food Programme cannot properly function, where we’re seeing aid not only not non-increase but reduce, and where we’re seeing the conflict spreading with the activity we saw in the West Bank, which was clearly utterly disproportionate, it is really important that all governments, including the Irish Government, continue to probe what more can be done.”

Under EU treaties and common commercial policy, the European Commission represents Ireland and all other member states in international trade negotiations.

However, Mr Harris said the decision around suspending imports of defence equipment currently is “legally possible” under the context of the ICJ ruling.

He added that he was seeking further advice from the State’s top legal adviser on whether the rulings had any implications for other areas of trade with Israel.

He told Newstalk radio: “Today, I’m going to write to the Attorney General and I’m going to seek fresh legal advice in relation to the entire matter of trade in the context of the most recent International Court of Justice ruling.

“Because it has been the absolute clear legal advice from successive attorneys general that trade is a European competency.”

He said Ireland was continuing to call for an urgent review of the EU-Israel Association Agreement as he said human rights clauses in the trade pact were being breached.

“Human rights clauses aren’t in there to pad out the document, they have to have real meaning and real effect.

“I make this point to every European president and prime minister I meet, and will continue to advocate for that.”