I move: "That the Bill be now read a Second Time".
I am pleased to introduce the Bill for the consideration of the House. I am conscious that the Bill has been the subject of much debate not only in this House and the media but also among the wider public. The Government fully understands the depth of feeling in Ireland and in this House on the subject of Palestine. We share these deeply held concerns. They are a product of our history and of our shared humanity. I personally understand and share the depth of feeling in this House. It is consistent with our core values - respect for human rights, dignity and international law - and it is the approach that this Government, and many Governments before us, have taken to different situations around the world where human rights and international law are not respected.
I am also very conscious that behind every debate we have in this House are people whose lives are shaped by the decisions of governments and institutions. It is in this context that I would like to clearly set out the purpose of this Bill, including the motivation behind it and what we hope to achieve by enacting it in this way.
I would like to address the situation on the ground in Gaza and the reality for ordinary Palestinians more broadly, which is the backdrop for our debate. I have mentioned many times my visit to the Rafah border crossing between Egypt and the Gaza Strip earlier this year. This is something that will always stick with me particularly because of the painful contrast. On one side, we had warehouses full of food that was going out of date because the labelling was not correct, significant volumes of medical supplies that could not be provided because there was metal in them and it was being suggested they were weapons and children’s toys left sitting there. All that was left ready to deliver on one side while, on the other, more than two million people in Gaza were enduring conditions no one should be forced to survive. Men, women and children have lost their lives, countless more have been injured and entire families and communities have been utterly devastated. Behind every statistic is a human life cut short, a child deprived of a future and families living with unimaginable grief.
Today, the people of Gaza continue to endure unimaginable suffering. Intolerable conditions persist, as mass displacement and poor shelter conditions expose civilians to rising public health risks linked to pests and rodents, alongside ongoing Israeli strikes, shelling and gunfire. The food security situation remains precarious, while essential services are at risk of collapse. That is why Ireland has consistently and persistently provided and called for unhindered humanitarian access to people in Gaza. The situation continues to deteriorate in the West Bank. We are witnessing the massive expansion of settlements alongside rampant and escalating settler violence, which continues in an atmosphere of impunity. The scale, speed and severity of displacement and demolitions is unprecedented. In April, the Israeli security cabinet approved 34 new West Bank settlements, the largest approved by any government at one time. The planned E1 settlement near Jerusalem threatens to cut the West Bank completely in half, calling into question the viability of a Palestinian state.
The actions of this Israeli Government consistently contravene international law and are part of an established pattern to create a new status quo in the occupied Palestinian territory. Their actions are explicitly designed to bury the idea of a two-state solution. This is happening by design; not by accident.
Ireland will continue to defend a Palestinian state consisting of Gaza and the West Bank, including East Jerusalem, and the right of Palestinians to self-determination, a right already enjoyed by Israelis.
We are committed to working with those who want to achieve a just and lasting peace where Israelis and Palestinians live side by side in two states, Israel and Palestine, in peace, security and dignity based on the 1967 borders. The cycle of violence that has brought suffering to both Palestinians and Israelis needs to be brought to an end.
During my visit to Rafah earlier this year, I announced that we would continue to provide the humanitarian assistance that is urgently needed but I would again use this opportunity to reiterate the need not only for Ireland or the EU but for international partners to continue that support.
The Bill we are discussing will contribute positively to Irish and international efforts to prevent unilateral actions that impinge upon the right of the Palestinian people to self-determination and upon the viability of the two-state solution. I thank Senator Frances Black and others who have supported this legislation and other Bills for bringing them forward. The two-state solution is the only viable long-term solution. It is as important for Israelis as it is for Palestinians. Those who reject it appear to have no alternative plan. The current cycle of violence cannot be allowed to continue indefinitely. Let me be clear: at the same time, this Government has consistently condemned the appalling terrorist actions of Hamas on 7 October and the need for those responsible for the brutal murders of innocent civilians to be held accountable.
I must also reiterate the Government's view that the appalling and worsening situation in Gaza, the accelerating and rampant settler violence and settlement expansion in the West Bank, coupled with the ongoing situation in Lebanon can never be justified and demand serious and concrete actions in response.
The Bill will contribute positively to Ireland's efforts to uphold and comply with international law, including the findings of the 2024 advisory opinion of the International Court of Justice, ICJ. Because of our own experiences on this island, we feel a deep and personal affinity with those who seek self-determination, and who simply seek to live in dignity and peace. The actions that the Government is taking, including the progression of this Bill, are designed to advance these central objectives. On 19 July 2024, the ICJ delivered an advisory opinion on the legal consequences of the policies and practices of Israel in the occupied Palestinian territory, a case in which Ireland and more than 50 other states made written and oral submissions. The court concluded that states should "take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the Occupied Palestinian Territory".
The Bill also represents the fulfilment of a clear commitment made by this Government in our programme for Government where we committed to progressing legislation to prohibit the importation of goods from Israeli settlements in the occupied Palestinian territory. Today, we are beginning the process of that commitment. Again, I remind all of us we are talking about people. We are doing this on behalf of families who want safety, children who deserve a future and communities who have endured far too much loss and suffering.
We thank this House for the considerations that have taken place since the Government approved the general scheme of the Bill in June last year. This includes the pre-legislative scrutiny of the general scheme undertaken by the Joint Committee on Foreign Affairs and Trade and published its report in July 2025. This report and its recommendations have been carefully considered in the period since publication and in the development of the Bill.
I will outline the detailed provisions of the Bill, with a particular focus on the key sections of the Bill. Sections 1 and 2 are standard provisions setting out the relevant definitions, and how the related regulations and orders will be dealt with.
Section 3 empowers the Minister for Foreign Affairs and Trade, following consultation with the Minister for Finance, to proscribe by order certain postal codes that correspond to Israeli settlements. It should be noted that these postal codes are already set out under a technical arrangement concluded between the EU and the government of Israel. This is to ensure that importers are aware of which locations are not eligible for preferential tariff treatment under the EU-Israel Association Agreement. As the postal codes listed under the EU-Israel Technical Arrangement are periodically updated, section 4 allows the Minister for Foreign Affairs and Trade, following consultation with the Minister for Finance, to amend or replace the list of proscribed postal codes. If new settlements are constructed, they will therefore be captured by the updated list of postcodes at the EU level, and our own list of proscribed postcodes will be updated accordingly. Practically speaking, the approach set out in the Bill essentially develops and updates Ireland's implementation of the existing obligations placed upon operators and customs authorities to distinguish between goods from the State of Israel and settlement goods under the EU-Israel Technical Arrangement, to ensure compliance with international law.
Section 5 prohibits the importation of goods originating in postal codes proscribed by order of the Minister for Foreign Affairs and Trade. Any such importation will thereby become an offence under section 14 of the Customs Act 2015.
The Bill does not create any new offences in and of itself. It is proposed that, under the legislation, goods originating in Israeli settlements would become "goods subject to any prohibition or restriction on importation" within the meaning of that phrase for the purpose of the Customs Act 2015. Once the Bill is enacted and commenced, it will be an offence under section 14 of the Customs Act to import settlement goods, and the provision of that Act concerning search, seizure and forfeiture will be available in respect of settlement goods. There has already been some disinformation suggesting that this Bill will target individuals. I will provide clarity on this point. The Bill will prohibit the import of commercial goods from Israeli settlements. A standard exemption is provided for those goods of a non-commercial nature that form part of an individual's personal baggage and are intended for his or her personal consumption or use. This applies in other areas as well.
Sections 6 and 7 deal with the matter of possible exemptions and appeals. As I mentioned earlier, a list of postal codes that correspond to Israeli settlements are set out under a technical arrangement concluded between the EU and the government of Israel. Some of these postcodes encompass an area that includes both a settlement area, and an area within Israel proper, and therefore even under the current system they already require some basic checks to determine the precise origin of the goods. Section 6 is aimed at addressing this issue. An importer from one of these postal codes can apply to the Revenue Commissioners for an exemption if their goods originate in the non-settlement part of the listed postal code. Before issuing such an exemption, the Revenue Commissioners will make inquires via the European Commission, or if necessary via another body such as the Embassy of Ireland in Tel Aviv, to ascertain the precise origin of the goods. This process for checking more or less replicates the current system we have. To facilitate the implementation of the process set out above, section 7 sets out the amendments to be made to section 45 of the Customs Act to allow for the importer to be notified of the decision of the Revenue Commissioners and to provide the importer with the right to appeal. Section 8 provides for information sharing and is designed to allow the relevant bodies to work together to effectively enforce the Bill. The remaining sections are all relatively standard provisions and deal with issues such as data protection and other technical issues.
There has been a lot of focus on what is not covered by the Bill with several suggestions that we are perhaps watering down the Bill because it does not cover services. I will address this directly. This Government has always been clear on what is possible in bringing forward legislation. We have a responsibility to ensure that any legislation is legally robust and able to withstand challenge. This would not be the case with respect to services. The Government has sought and received advice from the Attorney General on the legal permissibility of an EU member state adopting measures to prohibit trade in services with a third country or territory. In the case of goods, a public policy exemption exists in the EU regulation that controls the import of goods. This allows member states to adopt prohibitions on the import of goods for public policy reasons. There is no equivalent or similar broad public policy exemption relating to external trade in services.
Second, it is the Government's considered view that there would be huge challenges regarding the effective implementation and enforcement of restrictions on trade in services. By its very nature, trade in services is broad and wide-ranging. Services are in many cases digital or intangible and subject to a number of different regulatory regimes. The World Trade Organization's General Agreement on Trade in Services regulates global trade in services classified into 12 separate sectors and 150 subsectors. The European Single Market is a lot less harmonised in respect of trade in services than it is for trade in goods. It splits services across a variety of EU legislation. Essentially the implication is that the implementation of this becomes significantly more challenging.
The Government must ensure at all times that there is balance in all of the measures it takes, including consideration of any potential economic consequences. This Government will always take a responsible course of action. This contributes more broadly to our ability to lead internationally and to make a difference in progressing the overall objective here. To that effect, Ireland has shown leadership on this issue. We were the first EU country to announce our intention to prohibit the importation of settlement goods and the Government stated clearly at the time that we hoped this would encourage other countries to follow our example. This is what has happened. Spain has introduced legislation. The Netherlands and Belgium are also aligned with our progressive legislation. They are progressing their own legislation, as is Norway. We of course hope to see many others. All are primarily focused on the prohibition of the importation of goods from Israeli settlements.
Since taking on this role last November, I have ensured that Ireland remains at the forefront of every effort to support peace and human dignity by ensuring we uphold international law and that this issue is raised at every Council meeting I attend. Under the leadership of then Taoiseach, Deputy Simon Harris, Ireland recognised the State of Palestine. We did this alongside Spain and Norway. When it became clear that the prospects of both were diminishing, Ireland did not hesitate to lead on recognising the State of Palestine. We took this decision, despite some strong criticism, because we believed it was the right thing to do. Every decision we have taken with regard to Israel, Palestine and the current situation in Gaza, the West Bank and Lebanon have been based on the right thing to do.
This brings me to actions at EU level. While we are moving ahead on settlement trade at national level, which is the legislation we are discussing today, our preference as stated to this House many times is that collective action be taken at EU level. This will have a much greater impact. I am absolutely convinced that if the EU were to act to progress legislation at European level and all 27 member states responded collectively and effectively, we would have a greater ability to change the direction and actions of the Israeli Government. I fundamentally believe this. We need to do more. The EU has not done enough. I have consistently called for further action and will continue to do so throughout our Presidency. At Foreign Affairs Councils I have consistently called on the European Commission to bring forward proposals to prohibit EU trade with Israeli settlements on the basis of the EU's Common Commercial Policy. A ban on trade with Israeli settlements at the EU level has the scope to be more comprehensive, have a wider impact and, in our view, is essential to ensure that the Common Commercial Policy meets the requirements of international law. Working closely with European partners, we have managed to build a greater consensus. We have for the first time built a consensus for sanctions against violent Israeli settlers responsible for attacks on Palestinian communities in the occupied West Bank, while also supporting EU sanctions against Hamas leaders and those responsible for the atrocious terrorist violence on 7 October. I have reiterated Ireland's previous calls to suspend the EU-Israel Association Agreement, or at a minimum to suspend the trade element of the agreement as previously proposed by the President of the European Commission. This is in itself would have a significant impact in monetary terms on the overall Israeli economy. I believe it would impact change in its decision-making.
Ireland's position has increasingly been echoed across Europe. From November when I took on this role to the most recent meeting I attended, the number of member states speaking out and speaking up and that actively want to see Europe to take a stronger stance, and a stronger position has changed and increased. Ireland along with many other member states has brought us to that position. I also welcome today that 460 former and current European political leaders, diplomats and public figures published a joint appeal calling on the European Union to take stronger action in response to Israel's conduct in the West Bank. It is welcome, and I hope it will show progress and a greater level of support for the actions I have outlined.
The Taoiseach wrote to European Council President in the past month reiterating Ireland's position on the EU trade ban with Israel and requesting an urgent discussion among EU leaders, so we are not just discussing this at a Foreign Affairs Council or the European Council, but that this is front and centre in Council meetings. As Minister, I have repeatedly called for member states to sanction extremist settlers and entities and those that enable them. I was pleased that agreement could be reached on this in the past month. We next need to ensure that focus and pressure remain. When I attend the next Foreign Affairs Council meeting in Luxembourg, I will reiterate that we do not just focus on banning travel for extremist ministers in Israel or on the need for a vote to suspend the trade element of the EU-Israel Association Agreement, but that at national level we replicate what we are doing in this Chamber and that the EU support a full ban on trade with the occupied territories at European level.
It is clear that our position has been consistent. We have led from the front on the recognition of Palestine. We have led from the front on the issue of trade with settlements and we will continue to lead on the need for effective EU action. I say this not just as a representative of the Government. We have all that in this House from an Irish perspective. Throughout this debate, we are reminded that this is essentially about people. It is about protecting the possibility of a just peace. We cannot lose sight of the immense human cost of this conflict in the lives lost, the families shattered and the generations of Palestinians and Israelis who deserve a future free from violence and fear.
I look forward to working with colleagues in this House as we continue our discussions and progress this important legislation in the coming weeks. I hope we can work together collectively to implement this legislation. We might not agree on every element but I sincerely believe that implementing this legislation will send the strongest message possible that we do not accept the actions of the Israeli Government, that we fully support the need to protect the possibility of a two-state solution, which is the only possible solution for peace within the region, and that we will continue to do everything we can to support those who are suffering unimaginable humanitarian issues at the moment. I believe that Ireland can continue to lead in this regard.
