Ireland’s legislature votes in favour of legislation banning imports from Israeli-occupied Palestinian territories in July 2018
Context
On January 24, 2018, seven independent Irish senators put forward a bill – the Control of Economic Activity (Occupied Territories) Bill 2018 – that sought to place a ban on all imports from Israeli-occupied Palestinian territories. The draft legislation states that it is intended to “make it an offence for a person to import or sell goods or services originating in an occupied territory or to extract resources from an occupied territory in certain circumstances”, and puts forward a proposed penalty of up to five years in jail and a maximum fine of €250,000 for offenders. The bill does not mention Israel by name. In response to the bill, which was not supported by Ireland’s government, Israeli Prime Minister Benjamin Netanyahu summoned Ireland’s ambassador on January 30, Alison Kelly, telling her that the bill intended to “harm the state of Israel” . Publicly commenting on the bill, Prime Minister Netanyahu stated that it “gives a tailwind to those who seek to boycott Israel and is utterly contrary to the principles of free trade and justice.”
Subsequently, in July 2018 Ireland’s (upper-house) senate voted in support of the bill. Prior to the successful vote, the main sponsor of the legislation, Frances Black, stated that “[i]n the occupied territories, people are forcibly kicked out of their homes, fertile farming land is seized, and the fruit and vegetables produced are then sold on Irish shelves to pay for it all”, adding “[t]hese settlements are war crimes, and it’s time for Ireland to show some leadership and refuse to support them.” However, the Irish government (which did not have a majority of seats in either Ireland’s upper or lower house) opposed the bill, with foreign minister Simon Coveney saying that it would amount to “fanning the flames” on tensions in the Middle East, and “would be a breach of European law” because Ireland (as an EU member state) is not entitled to ban goods available elsewhere in the union.
Following further successful votes in the Irish parliament in 2018 and 2019, the bill has stalled due to opposition from Ireland’s sitting government.
Impact
Following the July 2018 senate vote, this legislation stalled. Ireland currently imports products ranging from fruit and vegetables, to wine, beauty products, and plastics from the territories – some of which are already labelled as originating from “settlements” in line with EU guidelines. According to reporting, the value of these settlement-produced products amounts to around €500,000 to €1 million per year.
Responses
i) Israeli government and industry responses.
In response to the July 2018 vote, Ireland’s ambassador to Israel was again summoned to Israel’s foreign ministry to hear representations. Furthermore, Israel’s foreign ministry issued a statement in which it said that “[t]he Irish Senate has given its support to a populist, dangerous and extremist anti-Israel boycott initiative that hurts the chances of dialogue between Israel and the Palestinians; it will have a negative impact on the diplomatic process in the Middle East”, and claimed that “it will harm the livelihoods of many Palestinians who work in the Israeli industrial zones affected by the boycott”. Additionally, Israel’s foreign ministry reportedly hinted at the potential for actions to be taken by Israel if the legislation were to become law – with Israel’s defense minister Avigdor Lieberman tweeting that “Israel should immediately close the embassy in Dublin. We will not turn the other cheek to those who boycott us.”
In response to a further affirmative vote in December 2018, Israeli Prime Minister Benjamin Netanyahu called the legislation “indicative of hypocrisy and anti-Semitism”.
(ii) Irish government and industry responses
Some debate surrounding the proposed legislation in Ireland focused on the question of if it was legally compliant with Ireland’s commitments as a EU member state. At time of writing (October 2024), the Irish Government has successfully blocked the passage of this legislation.
(iii) Other government and industry responses
In a statement issued ahead of the July 2018 senate vote, Palestine Liberation Organization official Saeb Erekat said that “[t]his courageous step builds on the historic ties between Ireland and Palestine, as well as it shows the way forward for the rest of the European Union” and that “[t]oday the Irish Seanad has sent a clear message to the international community and particularly to the rest of the European Union: the mere talking about the two-state solution is not enough without taking concrete measures. Those trading with Israeli settlements are complicit in the systematic denial of the Palestinian right to self-determination.”
Reporting from May 2019 showed that some pro-Israel lobby groups and senators from the United States put pressure on Ireland to halt this legislation.
Status
As of October 2024, there continues to be pressure on the Irish government to enact this legislation.
7. Key takeaways?
Does WT always originate from the sitting government? Or can it be pursued from e.g. non-state actors? Notable that US groups/congresspeople were actively involved in lobbying the Irish government on Israel’s behalf.
Reference list
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Irish Parliament. 2018. “AN BILLE UM GHNÍOMHAÍOCHT EACNAMAÍOCH A RIALÚ (CRÍOCHA FAOI FHORGHABHÁIL), 2018 CONTROL OF ECONOMIC ACTIVITY (OCCUPIED TERRITORIES) BILL 2018.” Available at: https://data.oireachtas.ie/ ie/oireachtas/bill/2018/6/eng/initiated/b0618s.pdf
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