Taoiseach Declares Inclusion of Services in Occupied Territories Bill Unlikely

Concerns are mounting regarding the potential exclusion of services from the proposed Occupied Territories Bill (OTB) in Ireland. This legislation aims to prohibit trade in goods with companies operating from Palestinian territories that are considered illegally occupied by Israel. Frances Black, an independent senator who first introduced the Bill in 2018, expressed deep concern that the government may amend the Bill to apply solely to goods.

Black, who has been a key advocate for the Bill’s passage, commented on reports suggesting such changes. She stated, “This would significantly undermine both the intent and the impact of the Bill, and 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.”

During a session in the Dáil on October 11, 2023, Taoiseach Micheál Martin indicated that feedback suggests including services may not be “implementable.” This statement came after opposition TDs pressed him for a commitment to a comprehensive ban on both goods and services. Martin did not offer such a commitment, which has raised further concerns among advocates.

Several Irish aid organizations, such as Trocaire and Oxfam, have urged the government to include services in the Bill. Black commented, “Leadership now means including services. That is where the money is. It’s what the International Court of Justice (ICJ) says is required, and it’s where intense pressure is being applied to get Ireland to back down.”

During Leaders’ Questions, Holly Cairns, leader of the Social Democrats, argued that excluding services would contradict recommendations from the Oireachtas Foreign Affairs Committee. Their July 2023 report “strongly recommended” that the Bill encompass both goods and services. Cairns highlighted that this recommendation aligns with the ICJ’s advisory opinion and a UN General Assembly resolution co-sponsored by Ireland. She questioned, “Why is the Government intent on diluting the Occupied Territories Bill?”

In response, Martin acknowledged potential economic and legal complexities surrounding the inclusion of services but emphasized that no final decision has been reached. “Services are a much different kettle of fish — we should all acknowledge that,” he stated, reiterating the government’s commitment to transparency.

Criticism of the possible exclusion came from Duncan Smith, a Labour TD, who asserted that such a move would undermine the Bill’s purpose. “The exclusion of services from the Occupied Territories Bill undermines its purpose. That cannot be tolerated,” Smith remarked. He emphasized that passing the full Bill, which includes both goods and services, would convey a strong message: “Ireland will not profit from or enable occupation.”

Earlier, Simon Harris, the Tánaiste, expressed a willingness to consider the inclusion of services if it is legally feasible. In 2020, the UN published a list of companies operating in the Occupied Palestinian Territories that facilitate the ongoing occupation of Palestinian land in the West Bank.

The evolving discourse around the Occupied Territories Bill underscores the complexities of international trade laws and the ethical considerations of commerce in conflict zones. As the government navigates these challenges, the fate of the Bill remains uncertain, with advocates pressing for comprehensive measures to support human rights and international law.