The Irish government cannot “rush through” a bill banning imports from illegal Israeli settlements in Palestinian territory if it is unconstitutional, Ireland’s deputy prime minister has said.

There is disagreement between the Irish government and opposition parties over how quickly the Occupied Territories Bill can be amended and passed before the general election.

The Dail parliament is expected to be dissolved by the end of the week and polling day will take place at the end of the month.

Irish Deputy Prime Minister Michael Martin said the Occupied Territories Bill needed to be significantly amended to make it legally stronger and would not be ready by the end of the week.

He said the amendments would be ready for the next government.

Opposition politicians accused the government of delaying the passage of the bill after years of stalling.

Independent senator Frances Black’s bill, introduced in 2018, has been frozen in the legislative process for years due to concerns it violates EU law.

But the Irish government said an advisory opinion issued this summer by the International Court of Justice (ICJ), which declared Israel’s occupation of the Palestinian territories illegal under international law and that countries should not aid or assist illegal settlements, had changed the context. .

The opposition has urged the government to pass the bill before an election is held, with Sinn Fein and the Social Democrats offering time in the Dáil this week to do so.

Speaking on Tuesday, Tanaiste and Foreign Minister Martin said it was an “extraordinary position” to call for “passage at full speed of a bill which, as it currently stands drafted, is unconstitutional.

During an appearance before the Oireachtas Foreign Affairs Committee, Mr Martin told TDs and senators that although the ICJ opinion changed “the legal context of the Bill”, it did not. has not made it legally airtight or “a slam dunk”.

“I cannot pass a bill that is unconstitutional,” he said.

“It will be contested, it could go straight to the European courts, and the least we can do is produce a bill that would be strong enough to navigate such a potential journey. »

He said the attorney general’s advice several years ago was that if the EU does not take action to limit or prevent trade with illegal Israeli settlements, there are “exceptional” grounds in European law that could enable countries to act.

He said they had been informed that the EU law provision could only be compromised for exceptional reasons of public order, but that it would be unusual to use this argument to comply with international law.

Mr Martin said: “What has not changed is the European Union’s exclusive competence over trade for all its member states, including Ireland. It is in this context that the Taoiseach has asked the Attorney General to provide updated advice regarding this Bill.

“However, it is important to understand that these grounds have never been used by a Member State before in similar circumstances. There therefore remains a legal risk if we take our own measures at national level.”

The bill’s author, Frances Black, also addressed the committee, telling members that passing the bill “shouldn’t have taken this long.”

“If (the ICJ decision) is what can finally unblock things, then I really welcome it.

“We should not waste any more time, we must focus on passing this legislation as quickly as possible.

“After decades of theft, dispossession and displacement, and against the backdrop of an ongoing genocide in Gaza, this bill is the least we can do. »

Conor O’Neill, Christian Aid Ireland’s head of policy and advocacy, told the committee that many of the amendments that had been discussed “do not pose a huge challenge”.

He said when the Bill was initially drafted it was intended to apply to occupied territory anywhere in the world, if there was support within the Oireachtas and clarity of the part of international courts on the issue.

But as the bill is being reworded to reflect the ICJ’s opinion, it will now focus on the Palestinian territories.

“If this were done, the key constitutional arguments that have also been raised would, by default, cease to apply. »

He also said that any distinction between banning physical goods and not services “would be arbitrary, both politically and legally.”

Sinn Fein foreign affairs spokesman Matt Carty accused the government of trying to “delay and thwart” the passage of the bill.

“You told us that substantial changes needed to be made to most, if not all, of the provisions of the bill.

“In fact, you have already directly contradicted Senator Frances Black, who says the requirements are technical changes.”

Committee chairman and former Justice Minister Charlie Flanagan asked Mr Martin for correspondence from Attorney General Rossa Fanning to explain the reasoning for the amendments to the bill.

Mr. Martin responded that because Mr. Fanning’s advice “indicates potential lines of attack from people who may want to undermine the bill,” it should not be shared.

“So if you provide this with more than 10 people or whatever and it falls into the hands of those who could bring charges against it, it would weaken our collective position as a nation in defending such a bill. “

He added: “Passing this bill will unfortunately not stop Israel’s behavior. »