The US state department has criticised the Occupied Territories Bill, describing it as “unhelpful virtue signalling”, marking an escalation in US opposition to the proposed legislation.
Previously, the Bill, which would ban the import of goods produced in the occupied Palestinian territories, including in the West Bank and East Jerusalem, has been subjected to criticism by pro-Israel groups in the US, and also by groups of congressional representatives.
This intervention marks the first time that the US Government has criticised the Bill directly.
A state department spokesman – which is responsible for relations between Washington and the rest of the world – told US pro-Israel news service JNS last week: “This legislation is unhelpful virtue signalling. It does not serve the cause of peace in the Middle East, which the US and partners are advancing ... and could moreover adversely affect American businesses operating in Ireland. We are monitoring developments closely.”
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A spokesman for the US embassy in Dublin, where Trump nominee Edward S Walsh is the ambassador, confirmed the US position on the bill. “Ambassador Walsh and others at the embassy regularly hold discussions with the Irish Government on a range of issues. However, we do not comment on the content of these diplomatic engagements,” he said.
The Government has committed to bringing forward the Occupied Territories Bill. Still, it is under political pressure from the Opposition and pro-Palestinian campaigners who want to see trade in services included in the Bill, something which the cross-party Oireachtas foreign affairs committee recommended last summer.
The Government has said that it is awaiting advice from Attorney General Rossa Fanning on the issue, though supporters of the Bill believe this is a stalling tactic.
While the official Government position is that it is awaiting full advice before making a decision on the inclusion of services, Taoiseach Micheál Martin recently seemed to indicate in a Dáil debate that the advice had suggested that services could not be included.
This is also the view of several senior figures in Government. However, Tánaiste Simon Harris has previously said he wants to see services included – but only if a legally robust way of doing so can be found.
Some senior Government sources say bluntly that services will not be included in the Bill’s remit, though others say that no decision has yet been made.
Business groups and some observers have warned that the proposed legislation could mean US firms here fall foul of US laws which penalise boycotts of Israel, a concern that is also present within Government.
Opposition parties in the Dáil united last week to press the Coalition on the issue with a joint motion seeking immediate passage of the Bill, including services.
Government speakers, however, were cautious. Minister of State for European Affairs Thomas Byrne said that there was no disagreement on the inclusion of services, “but the Bill must be legally robust and withstand challenge. Similarly, the question of implementation must be carefully considered. The trade in services is considerably more complex than goods and there remains considerable legal uncertainty as to whether the inclusion of services is permissible under EU law.
“We know for certain that the inclusion of goods is permissible under EU law. We need legal clarity on the point of services. We must take into account practical issues with regard to implementation, should services be included in the scope of the Bill.”
A spokeswoman for Minister for Foreign Affairs Helen McEntee declined to comment.
