Recent events in the Dáil have shown that it is not just MPs in the House of Commons who are prepared to defy European law and political logic in pursuit of an emotional feel-good policy which will end up costing their country and achieving nothing.
The second stage of the Occupied Territories Bill, which seeks to ban imports from Israeli settlements in Palestinian territory, passed the Dáil by a massive majority two weeks ago despite warnings from Minister for Foreign Affairs Simon Coveney that it contravenes European Union trade law and will have no effect in any case.
The only effect it will have, if it passes all stages, will be to put this country in breach of EU law, resulting in substantial fines which will have to be paid by the Irish taxpayer. It will do absolutely nothing to halt Israeli settlements on the West Bank or interfere with the trade emanating from them.
All of this was patiently explained to the Dáil by Coveney, who also outlined the time and effort as well as public funds he and successive ministers have devoted to supporting the Palestinian Authority, United Nations relief work for Palestinian refugees and consistently supporting a two-state solution in the region.
Exemptions
These arguments and the advice of the Attorney General that the Bill contravened EU law did nothing to persuade Fianna Fáil, Sinn Féin and other Opposition TDs not to support the Bill, which was carried by 75 votes to 45. Three of the four Independent Ministers got an exemption from collective Cabinet responsibility and abstained on the Bill, which was opposed by Fine Gael TDs.
The upshot was that the Irish Ambassador to Israel, Alison Kelly, was called in to the foreign ministry there for a dressing down and warned of serious consequences if the Bill became law. The Israeli government described the Bill as “hypocritical and anti-Semitic”, comparing the Irish reaction to the slaughter in Syria and human rights violations in Turkey to its criticism of Israel.
Proponents of the Bill strongly deny it is anti-Semitic but there is surely something odd about the level of outrage generated in Ireland by Israel’s illegal actions and the general indifference to massacres and war crimes carried out by a variety of States around the world.
Incidentally the Dáil vote has probably torpedoed any remote prospect of success for a Middle East peace initiative being sponsored by Ireland and France which was due to get under way later this month with a conference in Dublin involving Arab states.
All of this exposes the hollowness of the criticism emanating from some Irish politicians at the foolishness of Tory Brexiteers for defying the EU and economic reality.
As to the likely fate of the Occupied Territories Bill there is a good chance that despite passing second stage in the Dáil by a massive majority it will not return for the committee and subsequent stages that are required to make it law. Coveney told the Dáil that because the intentional breaking of EU law would expose the State to fines of up to tens of millions of euro a year the Bill would require a money message to proceed to committee stage.
The procedure highlights the limitations of Ireland's 'new politics'
A money message is a device, barely known outside the Civil Service before the current minority government took office in May 2016, which has become a critical feature of public life since then due to the proliferation of Private Members’ Bills and the inability of the Government to stop them passing second stage.
Almost 250 Private Members’ Bills have passed second stage in the 32nd Dáil but the majority of them have been detained in limbo by the Government’s refusal to issue a money message. Under article 17 of the Constitution the Government has the sole right to initiate legislation that involves a charge on the exchequer. All Private Members’ Bills require a money message from the Government to proceed any further than second stage.
Outrage
The Opposition has claimed the Government is abusing its power and Fianna Fáil foreign affairs spokesman Niall Collins reacted with outrage when the Tánaiste informed the Dáil that a money message would be needed for the Occupied Territories Bill because of its financial implications.
The way the system works is that Coveney will now have to bring a memo to Cabinet proposing that a money message be refused. The matter will then be referred to the Department of Public Expenditure, which will bring its views on the matter to the Government and a decision will then be made.
The procedure highlights the limitations of the “new politics” in which the Dáil has nominal control over a minority government. The Government’s constitutional right to deny a money message to a wide range of legislation has been an effective block on the Dáil majority.
On the other hand the irresponsibility shown by a majority of TDs on the Occupied Territories Bill, and other pieces of legislation, demonstrates the weakness of the “new politics”. It has highlighted the need for some mechanism to constrain the behaviour of legislators who do not have responsibility for government and are willing indulge in political posturing safe in the knowledge they will not be held accountable for the consequences.