In the coming days, Tánaiste Simon Harris is once again due to meet Senator Frances Black to present a timeline to enact the Government's version of the Occupied Territories Bill.
It will be a timeline however, not a bill, as the proposed text is still being worked on. That will go to the Cabinet first and then to the Foreign Affairs Committee for pre-legislative scrutiny.
Only after that can it begin its journey through both houses of the Oireachtas.
Senator Black, who led the introduction of the original bill seven years ago, wants the Government to enact the legislation before the summer recess.
With eight weeks left until the recess, that is a very unlikely prospect.
Original bill
The original 2018 bill was passed by the Seanad, and got through to a second stage vote in the Dáil.
Its full title is the Control of Economic Activity (Occupied Territories) Bill 2018 and ironically, it makes no mention whatsoever of Israel, East Jerusalem, the West Bank or Gaza, theoretically allowing it to be applied to occupied territories anywhere.
However, it is specific on references to "settlement" goods and services, and to its applicability to territory adjudged by international tribunals to be occupied illegally and so covers Palestinian lands occupied by Israeli settlers.
The original bill is also specific on banning the sale and purchase of goods and services from occupied areas and the extraction of natural resources.
It lays out punishments for conviction of offences. They vary from minor fines and jail sentences of up to 12 months in the district court, to fines up to €250,000 and imprisonment for up to five years if convicted on indictment in a higher court.
In the Dáil, the bill was stalled at second stage, as the then Government refused to issue a "money message," a parliamentary device which is required where any Opposition bill is deemed to have financial implications for the state.
That stopped the bill in its tracks for six years.
However, everything changed last July following an advisory ruling of the International Court of Justice that Israel was illegally occupying Palestinian lands.
That decision, examined by the Attorney General, was viewed as providing additional legal cover for enacting the bill.
As a result both Fianna Fáil and Fine Gael gave it their strong backing in the General Election campaign, while also asserting changes to the bill would be needed.
Programme for Government
Following the General Election, the two big parties and Independents got down to the business of hammering out a Programme for Government.
That document, which is key to all policy decisions the Government takes, contains eight substantial commitments on the Middle East.
Among them is "progress legislation prohibiting goods from Occupied Palestinian Territories following the July 2024 International Court of Justice Advisory Opinion."
Campaigners immediately focused on the fact that only "goods" are mentioned here, and not services as included in the original bill.
New bill
Campaigner’s contend the Government’s intention is to water down the original bill, for fear of negative impacts to Ireland internationally and particularly with the tariff toting US President Donald Trump strongly backing Israel.
Not so, says the Government, which already recognises the Palestinian state and in recent days has once again been trenchant in its criticism of Israel's war in Gaza.
Speaking at the Global Irish Summit, Taoiseach Micheál Martin said Israel’s ongoing food and aid blockade of Gaza "clearly constitutes a war crime" and the Tánaiste issued a joint statement along with foreign ministers of Iceland, Luxembourg, Norway, Slovenia and Spain expressing grave concern about Israel’s plans to expand its military operations in Gaza.
Nevertheless, the Taoiseach previously said some of the original bill was unconstitutional while the Tánaiste told the Dáil there were major issues to overcome with that text and he was clear the focus now is on legislation "to prohibit goods".
That is confirmation, as per the Programme for Government, services will not be included whenever the Government’s bill is finally ready.
Impact
If a bill banning trade with occupied territories in Israel is passed, its impact would be symbolic rather than economic.
Trade from Ireland with occupied Palestinian territories is limited anyway.
Previous estimates surrounding the original bill suggested it was valued around €1 million per annum.
Its impact would be negligible for Palestinians economically, especially in Gaza where there are no settlements anyway and the much greater horror of killings and mass destruction of homes, schools and hospitals continues on a daily basis.
On a worldwide stage however, it would be a clear message, condemning the injustice of evicting Palestinians to make way for illegal settlements to the detriment of any now seemingly remote possibility of a two state solution.
It would be another diplomatic arrow fired by the Irish Government condemning Israel's behaviour towards Palestinians. It could also bring blowback from the US and other pro Israel governments.
It all means there is much to consider in drafting the Government’s legislation on the Occupied Territories.
