I propose to take Questions Nos. 7, 8, 20, 38, 60 and 65 together.
I thank the Deputies for tabling these questions. The Government approved the text of the Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2026 on 26 May. The Bill was published on 29 May and was introduced in Dáil Éireann on 10 June. It is very much my intention that the legislation will complete the parliamentary approval process by the summer recess. I thank Deputies for working with me to ensure that we achieve that outcome. I am very conscious of the strength of not just interest but the feeling and the desire among members of this House when it comes to this Bill and what it is that we all want to achieve. I think we are all united by a desire to take action in response to the actions by the current Israeli Government that breach human rights and the unilateral actions that completely undermine the viability of the two-state solution. This has been evident during the debate in this House and when Committee Stage was debated at two meetings of the select committee last week. We will debate the Bill further next week and the following week.
The Bill fulfils our commitment as set out in the programme for Government. Most importantly, it will contribute positively to our compliance with our international legal obligations. This was identified in the ICJ's advisory opinion of 2024 in which it very clearly stated that obligation on states to take steps to prevent trade or investment relations that assist in maintaining the illegal situation created by Israel in the occupied Palestinian territories. There are now almost 1 million illegal settlers in the occupied territories. These are not small villages or settlements, as we often think. There are almost 1 million people that have been placed illegally in settlements. This is absolutely impacting any possibility of a future two-state solution.
On the issue of services, I have set out, most recently on Committee Stage last week, that the Government has a responsibility to ensure that any legislation introduced is legally sustainable, enforceable in practice and capable of withstanding challenge. I was asked last week who would possibly challenge legislation like this. The answer is that simply anybody can. There is an obligation to ensure that any legislation that I or this Government introduce is not open to challenge immediately. This is particularly relevant in relation to services.
The Government sought and received advice from the Attorney General regarding the legal permissibility of an EU member state introducing restrictions relating to trade and services with a third country or a territory. There are two principal issues in relation to services, namely the legal basis under EU law and the practical challenges relating to the implementation and overall enforcement of this legislation. In the case of goods, a public policy exemption exists within the relevant EU framework governing imports. This was highlighted in the ICJ's ruling in 2024. It allows member states to adopt restrictions for public policy reasons. However, there is no equivalent broad public policy basis in EU law in relation to external trade in services.
Trade in services also differs fundamentally from trade in goods. Services are digital, they cross borders, they are intangible in nature and operate across multiple legal and regulatory frameworks, creating significant implementation and enforcement challenges. Introducing legislation that lacks clarity as to how it may be implemented or enforced is not something that Government does. We need to be conscious of that.
The Government must also ensure also that measures adopted are not only politically meaningful but also legally defensible and practically enforceable, as I have said. For those reasons, the Government's approach is to proceed with measures that can effectively be implemented and sustained in practice. I have made no secret of saying that we have also taken into account the possible implications for our own economy here, but that is not the main factor. I want to be very clear on that. We have had clear directions or indications from the US and other states. However, that would apply to any legislation being brought forward. I am very clearly bringing forward legislation. I want to ensure that this is enacted before the summer recess. Most importantly, I want to ensure that we can fulfil our ICJ commitments more broadly by ensuring that the EU moves as one.
I believe that the EU has not done enough and I do not believe that we have been strong enough in our response. That needs to change so I have been advocating for a number of months now that the Commission would bring forward stronger proposals than those on the table, but also proposals that we know might actually pass a vote. The suspension of the EU-Israel Association Agreement was proposed by the Commission last year. Unfortunately, there was very clearly not a consensus, which is what is needed to vote specifically to suspend the agreement. What I and my counterparts from a number of member states have advocated for is that there should be a ban on trade within the illegal occupied territories. This is something that can be voted on through the Trade Council , by means of qualified majority voting, QMV. For those who are not aware, QMV requires 55% of the overall population of the voting member states. Depending on what way states vote, it can differ depending on the matter being voted on.
I advocated for the Commission to bring forward these proposals and am pleased to say that at the most recent Foreign Affairs Council meeting, a commitment was finally given by the Commission to bring forward proposals before the next meeting. For our first Foreign Affairs Council as President of the EU Council the Commission has agreed to bring forward proposals, which we will discuss, and my objective is that we would debate them.
The reason services are not included in the legislation is because the legal basis is not the same as that relating to goods, and how it would be implemented is not clear. All of us believe that for the EU as a whole to respond collectively, we would legally have that basis. It would also have a greater effect in actually changing the Israeli Government's actions. Ultimately, that is what we are trying to achieve here. Whether it is recognising Palestine, whether it is the case that we are taking with South Africa in respect of the genocide, whether it is the work we have been doing to provide support in respect of the humanitarian catastrophe or whether it is the situation in Lebanon and the West Bank that we have raised time and again, everything that we are doing is to change the actions of the Israeli Government. The Israeli Government is heading in one direction and one direction only. By taking action at EU level, we will have a greater impact. That is the objective.
I fully appreciate the position of all Deputies present. I feel as strongly as they and other Deputies do about this matter, having visited the region and spoken to so many people and families on the Israel-Gaza border - I was not able to get into Gaza when I visited - who were on the outside and who wanted to get back in to see family and friends. I also spoke to those delivering aid and food.
The situation on the ground is not acceptable. It is not acceptable that the EU has not responded in a strong enough way. That is why we need the EU to respond collectively, which is what I have been advocating for while at the same time tabling the legislation that is going through the Houses.