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Pointed exchanges and combative language as Occupied Territories Bill before committee

The Committee on Foreign Affairs and Trade has been scrutinising the Bill
The Committee on Foreign Affairs and Trade has been scrutinising the Bill

Recent Oireachtas debates on the Occupied Territories Bill have usually been framed in the context of the Opposition parties putting pressure on Government to go further and faster with its proposed legislation.

The bill should include a ban on services as well as goods, the Opposition argues, and the Dáil and Seanad should sit in August to get the legislation passed into law as quickly as possible.

Yesterday it was very different.

That is because delegates from the Ireland Israel Alliance were before the Oireachtas Committee on Foreign Affairs and Trade, along with some representatives of Ireland's Jewish community.

They wanted to give all political parties - Coalition and Opposition - a piece of their mind.

There was a slight degree of apprehension as everyone took their seats in Committee room 2, and so Chairperson John Lahart took the opportunity to say at the outset that while there are "strongly held views" on the bill, every participant should be treated with respect.

He also urged those in the public gallery not to interrupt.

Maurice Cohen, Chair, Jewish Representative Council of Ireland
Maurice Cohen is Chair of Jewish Representative Council of Ireland

The first to speak was Maurice Cohen, who is Chair of the Jewish Representative Council of Ireland.

He declared: "I speak as an Irish citizen, born and raised here in Dublin," adding that the "small, long established Irish Jewish community" in Ireland "is now increasingly fearful".

Part of that fear he said was down to the Occupied Territories Bill.

Mr Cohen declared: "While this bill may not set out to target Jews or Jewish life, its message is unmistakably felt by us."

He continued: "Let me clear: criticism of Israel is not anti-Semitism, but when criticism becomes a campaign ... we must pause.

"This bill is not a plan for peace. It is not a policy. It is a performance of misguided effort.

"It won't bring two states closer, but it might drive Jewish communities here in Ireland further into fear and isolation," he warned.

Mr Cohen was followed by the former Fine Gael minister Alan Shatter, who was more combative in the language he used.

He claimed the bill is the "first initiative of any European government to enact legislation to intentionally boycott and discriminate against Jews since the defeat of Nazi Germany in 1945."

"This anti-Semitic symbolism is reinforced by the absence from the bill of any prohibition on the importation of goods originating from any other occupied territory," he said.

That was a theme which was continually raised during the Committee's hearing - only Israel was being targeted by the planned legislation.

The Oireachtas was not going after Hamas, which had triggered the latest conflict by killing around 1,200 people and kidnapping 250 others in Israel, on 7 October 2023.

Alan Shatter speaking to an Oireachtas Committee
Alan Shatter likened the bill to legislation passed in Germany in the 1930s

The Oireachtas was also not going after Iran, which had financed Hamas in Gaza, and other entities like Hezbollah in Lebanon.

That is why Yoni Wieder, Chief Rabbi at the Jewish Representative Council of Ireland, suggested the bill "demonises Israel".

The original Occupied Territories Bill, which was introduced by Independent Senator Frances Black in 2018, didn't contain that distinction.

It only said: "Illegal settler means a member of the civilian population of an occupying power who was or is present within the relevant occupied territory and whose presence is being, or has been, facilitated directly or indirectly, by the occupying power."

In his opening statement, Mr Shatter claimed the Government's revised legislation - the Prohibition on the Importation of Goods Bill - is "essentially a sectarian measure based on falsehoods, riddled with obscurity and anomalies".

One of the guests appeared via video link from London - Natasha Hausdorff, Legal Director of the UK Lawyers For Israel.

She too zoned in on this issue, arguing: "This version of the bill now abandons all pretence of going after so-called occupied territories and targets Israel explicitly."

Ms Hausdorff also predicted that it could trigger a departure of US companies from Ireland due to "longstanding US anti-boycott legislation" which would pose grave risks for such firms continuing to trade in Ireland.

When the moment came for engagement between the Committee members and their invited guests, a time limit came into play.

Alice Mary Higgins speaking at an Oireachtas Committee
Independent Senator Alice Mary Higgins

Each TD and Senator had a total of four minutes to ask questions and for the invited guest to reply.

Independent Senator Alice Mary Higgins pushed back against the anti-Israeli narrative which had been directed against Ireland in the opening statements.

She told the Committee that Taoiseach Micheál Martin had repeatedly clarified that this is "not a boycott of Israel".

"It does not affect Israeli goods," she said. "It only affects the settlements."

She asked if the guests accepted that the settlements built in the West Bank are "illegal settlements".

"Do you believe that they are part of Israel?" she inquired.

That was followed-up by Fine Gael TD for Dún Laoghaire Barry Ward who asked all the witnesses if they accept that "Israeli settlements on Palestinian territory are contrary to International Law".

Deputy Ward asked for a yes or a no.

Maurice Cohen said he would not be forced into single word answers.

"I don’t have a yes or a no because there isn't one," said Alan Shatter.

He added he "does not accept" that the Israeli-occupied territories in the West Bank are illegally occupied land.

Natasha Hausdorff said: "One cannot occupy what is one's sovereign territory."

The exchanges were pointed, but not more than that.


Read more: Shatter likens OTB to laws seen 'in 1930s Germany' at committee hearing


Later, Labour's Duncan Smith said all the witnesses had failed to recognise that the settlements in the Palestinian territories are illegal.

"That’s a fundamental point of divergence," he said, and contrary to international law.

The only time that the tone of the debate frayed was after Mr Shatter claimed the bill was a token gesture and akin to an episode of 'Father Ted'.

Fine Gael TD Brian Brennan recounted how he had recently visited Cairo and met Palestinians from Gaza.

He sat on the bed of a young man in the prime of his life who was dying, and held the hand "of a two-year-child that had bullet wounds".

Responding to Mr Shatter's claim that the Occupied Territories Bill was nothing more than performance politics and a token gesture, Deputy Brennan said robustly: "How dare you come in here and make such statements!"

Having referenced that he had visited Israel, the West Bank and Gaza on countless occasions, Mr Shatter replied: "I don’t think a single visit, deputy, to Egypt is the be-all and end-all to resolving the conflict. And this bill certainly won’t resolve the conflict."

Ms Hausdorff went further and said the bill was "succour to Hamas" and "anti-Semitic".

That drew something of a rebuke from committee chair Fianna Fáil TD John Lahart.

He said a claim of anti-Semitism being levelled against TDs and Senators was hugely hurtful and slanderous.

"It is the descent by the Israeli government and the Israeli Defence Forces into the darkest of places that certainly motivates - as far as I can see - all members of this Committee, from a humanitarian perspective."

Fianna Fáil TD John Lahart at an Oireachtas Committee
Chair of the Foreign Affairs Committee John Lahart

He added: "There isn't an anti-Semite in this room. There isn't an anti-Semite in the Dáil."

Deputy Lahart said he believed Mr Shatter was "influential" and he urged him "to take that on board", including when dealing with those in the US establishment.

Whatever about that request, Mr Shatter did not concede an inch of the Occupied Territories Bill.

He maintained that Palestinian supporters of the bill were being "fooled and misled" about it having any impact, and that resulted from the fact that "critical faculties are suspended" at Leinster House.

In keeping with the Committee's broad approach, Sinn Féin TD Donnchadh Ó Laoghaire sought to find some common position with the guests.

The Cork South Central TD said the Jewish community in Ireland should feel welcome and a full part of Irish society.

He added it is not right to put the responsibility of the actions of Israel’s government on individual Jewish people.

Deputy Ó Laoghaire then asked Alan Shatter if he accepted that Ireland is bound by international law and compelled to act.

Mr Shatter said he studied international law but claimed that it has been "politicised and weaponised and distorted in political debate".

The former Fine Gael minister maintained he believed that Ireland could play a real role to try to bring Israelis and Palestinians together.

But that would require an even hand and, by extension, the Occupied Territories Bill would have to fall.

The mood of the committee suggested such a development was highly unlikely to happen.