Irish Taoiseach Questions Inclusion of Services in OTB Legislation

The future of the Occupied Territories Bill (OTB) in Ireland appears uncertain as Taoiseach Micheál Martin raised concerns about the feasibility of including a ban on trade in services. The proposed legislation aims to prohibit trade in goods with companies operating from Palestinian territories that are illegally occupied by Israel. Independent Senator Frances Black, who first introduced the Bill in 2018, expressed her deep concern regarding the potential exclusion of services from the legislation.

In her remarks, Black emphasized that omitting services would significantly undermine the Bill’s intent and impact. “This is totally at odds with the clear, unanimous vote of all members of the Foreign Affairs Committee, including TDs from Fine Gael and Fianna Fáil,” she stated. Her comments come after Martin indicated that feedback from various sources suggested that a ban on services is “not just implementable.”

During a recent session in the Dáil, opposition TDs pressed Martin to commit to a comprehensive ban that would encompass both goods and services. Despite their efforts, Martin did not provide such a commitment. He acknowledged the complexities surrounding the inclusion of services, stating, “Services are a much different kettle of fish — we should all acknowledge that.” However, he clarified that no final decision has yet been made regarding this aspect of the Bill.

Several Irish aid organizations, including Trocaire and Oxfam, have called for services to be an integral part of the OTB. Black highlighted the importance of this inclusion, noting that “leadership now means including services. That is where the money is.” She referenced the recommendations from the International Court of Justice (ICJ), which support the necessity of including services in such legislation.

During Leaders’ Questions, Holly Cairns, the leader of the Social Democrats, criticized the government for potentially diluting the Bill. She referred to a July report from the Oireachtas Foreign Affairs Committee, which “strongly recommended” that both goods and services be included in the OTB. Cairns pointed out that this recommendation aligns with a UN General Assembly resolution co-sponsored by Ireland.

In response to concerns, Martin suggested that if services were included, the government might face economic and legal complexities. “That’s all I said; no decision has been made in relation to services, but we’re endeavouring to be honest with people,” he remarked.

Labour TD Duncan Smith also voiced his opposition to the exclusion of services, stating it “would make a mockery of our values.” He asserted that removing services from the OTB undermines its purpose and insisted that passing the full Bill, encompassing both goods and services, would send a clear message that Ireland will not profit from or enable occupation.

Previously, Tánaiste Simon Harris indicated that he would consider the inclusion of services if it is legally feasible. The United Nations published a list in 2020 identifying companies operating in the Occupied Palestinian Territories that contribute to the ongoing occupation in the West Bank and support the Israeli settlement movement.

As discussions continue, the fate of the Occupied Territories Bill remains a focal point of political debate in Ireland, with significant implications for international relations and humanitarian efforts.