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Parts of bill banning trade in illegal Israeli settlements ‘unconstitutional’ – Irvine Times

Michael Martin said those parts of the Occupied Territories Bill needed to be changed to withstand a legal challenge.

However, the amendments would not be passed before the general election, Mr Martin added.

The government has long argued the legislation would breach EU law, but following an advisory opinion from the International Court of Justice in July, the Fianna Fail leader said it had “changed the context” of legal advice.

The bill was first introduced by independent Senator Francis Black in 2018.

Speaking on Virgin Media One’s group chat, Mr Martin said: “I had a meeting last night with Frances Black and her legal adviser regarding the bill.

“The bill needs significant changes. I went through about 12 districts that also accepted by the way. why To make it stronger to withstand a potential legal challenge.

“The Attorney General provided comprehensive legal advice. Again, the advisory opinion of the International Court of Justice is a key new variable here.

“The legal opinion regarding the EU’s competence in relation to trade has not changed, the previous AG’s advice regarding the unconstitutionality of aspects of this bill, they can be corrected.

“There are two elements that are clearly inconsistent with our constitution in the existing bill. So that has to change and that is acknowledged.

“The key question then is how to draft a bill using the public policy area, within trade agreements and within the European framework.

“That’s how we’re going to try to create a narrow path to developing legislation that will be the amendment of this bill to the extent that we can ban imports from the occupied territories into Ireland.”

Mr Martin rejected suggestions there had been a deliberate delay in seeking updated advice from the attorney general following the UN high court’s opinion.

He said there was “nothing cynical” about the run-up to the general election.

“We were the first government to recognize a Palestinian state,” he added.

“There is nothing cynical about that, in the sense that the ICJ opinion was only in July and I took action on defense procurement. I have given instructions to my department in this regard.

“Elections come and go, there will still be a new government. Frances told me last night that she actually reinstated this bill after the last government.

“Don’t underestimate the legal difficulties here.”

Mr Martin also spoke of being refused entry by the Israeli government to visit Gaza or the Israeli-controlled areas of the West Bank during a visit to the Middle East in October last year.

He added: “The Israelis would not allow us, would not facilitate entry. This is usually the approach Israel takes, which makes no sense to me.

“I believe what needs to happen now is that we need the international community, either through political leaders or through the media, to gain access to Gaza.

“What is happening in northern Gaza at the moment, and Philip Lazzarini (Unrwa Commissioner-General) has just issued a statement regarding it, is absolutely appalling, beyond any moral compass and must stop.

“There are dead bodies on the side of the street. Unrwa (the United Nations Relief and Works Agency for Palestine Refugees in the Middle East) cannot go in there.

“The aid workers, the few left, can’t keep working and there are people starving and dying and it’s shocking.”

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