‘Unenforceable’: Coveney hits out at Israel goods ban

TÁNAISTE Simon Coveney is set for crunch talks with the Independent Alliance over a controversial Bill that would ban imports from Israeli-occupied territories in Palestine.

The Occupied Territories Bill was passed by the Seanad before Christmas and is due to come before the Dáil in the coming weeks, where it will be backed by Fianna Fáil, Labour and Sinn Féin – leaving the Government facing an embarrassing defeat.

The Attorney General has advised that the Bill is ‘not enforceable’, but with Independent Alliance Ministers Shane Ross and Finian McGrath seeking a free vote on the issue, it is fast becoming a major headache for Government.

‘I have had an initial discussion with Shane Ross and Finian on this issue and we will discuss it again in Cabinet but that is a matter for discussion in a Government meeting rather than through the media,’ Mr Coveney, the Foreign Affairs Minister, told reporters when asked if the independents would be granted their free vote.

Children’s Minister Katherine Zappone, another independent, is also said to have reservations about opposing the Bill, putting the minority coalition on shaky ground.

Minister McGrath has previously said he wishes to support the Bill and indicated he will stand his ground, warning the Government it could face a ‘major problem’ in the New Year.

The Bill, which was championed in the Seanad by Senator Frances Black, will be introduced in the Dáil by Fianna Fáil’s foreign affairs spokesman Niall Collins.

Mr Coveney was critical of Fianna Fáil’s position and urged them to heed the Attorney General’s warning, but said the Government would not break tradition by publishing its legal advice.

‘We think this legislation is not sound, it is not enforceable, and therefore I can’t support it. I have explained that to Frances Black in detail, she accepts that explanation actually, there is no animosity there,’ he said. ‘I can understand where this legislation is coming from because of the frustration and lack of progress towards a peace process but I can’t recommend to the Government that we support a piece of legislation when the Attorney General has given me such clear advice.’

But supporters of the Bill have received contrary advice, including from former Attorney General Senator Michael McDowell, that the trade restrictions in the Bill are justified because the settlements violate international law.

It gives effect to longstanding EU policy and UN resolutions, which call on states ‘to distinguish in their relevant dealings, between the territory of the State of Israel and territories occupied since 1967.’

‘If you look for legal advice, you can generally find somebody that will give you contrary legal advice. That is not the same as official legal advice to the Government. I have explained that to Fianna Fáil, who I believe should heed that advice,’ Mr Coveney said.

But speaking to the Irish Daily Mail, Fianna Fáil’s Niall Collins pointed to the ban on South African goods during the Apartheid era, when the advice provided to the Government altered after a change in attorney general.

‘He’s entitled to say that he wishes to rely on his legal advice,’ Mr Collins said.

‘But we saw around the time of the Dunnes Stores dispute, a change in attorneys General… and the advice in relation to a ban on South African fruit and vegetables changed.’

Mr Collins said supporting the Bill was ‘the right thing to do’ and called on the Government to ‘reflect on its position’.

‘I’ve seen the proliferation of settlement buildings on Palestinian lands. Israel carries on with impunity. I think it’s right to call them out on it,’ he added.

‘Urged to heed Attorney General’