I move amendment No. 1: In page 3, between lines 13 and 14, to insert the following: “Amendment of section 3 of Principal Act 2.Section 3 of the Principal Act is amended by the insertion of the following new definitions: “ ‘crime against humanity’ means any of the acts specified in Article 7 of the Statute of the International Criminal Court; ‘genocide’ means any of the acts specified in Article 6 of the Statute of the International Criminal Court; ‘war crime’ means any of the acts specified in Article 8.2 of the Statute of the International Criminal Court.”.”. This amendment is necessary as a foundation for later amendments defining the circumstances in which it would be an offence to join, train or recruit for an armed force when that armed force is engaged in a crime against humanity and war crimes. This group of amendments and existing legislation in this area ignores the pressing terrorism crisis of our time, namely the actions of the IDF in Palestine. Current laws do not prevent people from joining a military organisation engaged in genocide and gross human rights violations. While this now arises in regard to the actions of the IDF, it may in future arise in regard to the armed forces of other states engaged in war crimes which recruit what are in fact mercenaries. The IDF recruits foreign fighters, just as others who are targets of this legislation do. The EU directive dates from a period when ISIS was at its peak and there was a significant problem with the people travelling from Europe to join ISIS. Sinn Féin's amendments are designed to address citizens of the State travelling or training to participate in genocide and war crimes. They also outlaw recruitment by the armed forces of such a state. Our amendments would also have the effect of preventing the IDF or other armed forces engaged in genocide or war crimes from training with the Irish Defence Forces. It was revealed that IDF military personnel have trained in the Military College for a period of six years. This is something that would not be permitted under Sinn Féin's amendments. Is this something that the Minister would stand over? Would the Government allow this to happen now? I suspect the Minister would not allow this to happen at this moment in time but the Bill is not just about today. It is about the future and future-proofing legislation so that future Governments and whoever sits in the Minister's seat will not be allowed to permit the IDF or any other organisations involved in genocide to train with our military on Irish soil. Even today, there is footage of the IDF mocking peaceful activists kidnapped in international waters. Today, the IDF is breaking international law. It is being led by Israel's National Security Minister Ben-Gvir, who happily had a birthday last week where his birthday cake had a noose to symbolise that he hopes to be able to hang Palestinian people. This is absolutely inhumane. He can be seen walking around in the footage waving a flag and mocking detained citizens. Some of them are our citizens who are being put into a corner with their heads bowed to the ground and not allowed to look up. It is absolutely horrific. Last year, my colleague Chris Andrews was in a similar situation and he has testified how he and other detainees were treated by the IDF. What is the crime these people are accused of? All they are looking to do is break Israel's horrific blockade and deliver vital aid to Gazans, who desperately need help. I call on the Irish Government to demand the immediate release of all the citizens who are detained and to seek urgent clarification of their whereabouts. We do not know where they are. There are 15 Irish participants, as well as hundreds of other civilians, who have been taken off these boats. What we saw on that footage today is what is happening right now. This adds to what we know the IDF has already engaged in. It has engaged in the arbitrary killing of civilians. Members of the IDF are on record admitting to this. They have shot unarmed and starving civilians who were queueing for food. They were queueing for food because of a man-made famine created by Israel. Members of the IDF have killed many innocent children. Last year, UNICEF estimated that at least 50,000 children have been killed or injured in Gaza. In total, 75,000 Palestinians have been slaughtered by Israel since the bombardment of Gaza began. Why does Israel continue to break international law? Why does it continue to commit genocide? It is because there are no sanctions and Israel is allowed to get away with it. I do not see the amendments we are tabling today as being any less important than enacting the occupied territories Bill. It is time for the Irish to take decisive action. It is time for the Irish to hold Israel to account because of the daily horror inflicted on the Palestinian people. I ask the Government to support the amendments we have tabled, which basically seek to stop the IDF from being allowed to train on Irish soil and to stop Irish civilians from going abroad and training with the IDF.
Sentiment score: -0.17
The Minister was right in saying at the very start that, right now, I was speaking about the IDF but I also did say that these amendments would stop future situations arising where another country could be inflicting genocide and war crimes on other people. They would stop people from Ireland being recruited into such organisations and training on these lands so it is not just about now with the IDF. It is about future situations that may arise. If the Minister accepts that Israel is committing genocide, then he must accept that the IDF is the instrument Israel is using to bring about the horrific situation we see in Palestine at the moment. The Minister said that the IDF has committed war crimes. All these amendments are looking for is for the Bill to say that it would be an offence to join, train in or recruit for an armed force when that force is engaged in crimes against humanity, war crimes and genocide. That is all these amendments are calling for. I do not think that is too much to ask. I accept that it may be something the Minister would not agree with at this time, but I do not know who is going to be sitting in his seat in five, ten or 15 years' time.
Sentiment score: -0.21
I move amendment No. 2: In page 3, between lines 21 and 22, to insert the following: " 'organising or facilitating travel for the purpose of serving in the armed forces of a state engaged in war crimes, crimes against humanity or genocide' shall be construed in accordance with section 4F;".
Sentiment score: -0.30
I move amendment No. 3: In page 3, between lines 25 and 26, to insert the following: " 'providing training in the armed forces of a state engaged in war crimes, crimes against humanity or genocide' shall be construed in accordance with section 4F;".
Sentiment score: -0.30
I move amendment No. 4: In page 3, between lines 27 and 28, to insert the following: " 'receiving training in the armed forces of a state engaged in war crimes, crimes against humanity or genocide' shall be construed in accordance with section 4F;".
Sentiment score: -0.30
I move amendment No. 5: In page 3, between lines 27 and 28, to insert the following: " 'recruitment for purpose of serving in the armed forces of a state engaged in war crimes, crimes against humanity or genocide' shall be construed in accordance with section 4F;"
Sentiment score: -0.30
I move amendment No. 6: In page 3, between lines 27 and 28, to insert the following: " 'travel for purpose of serving in the armed forces of a state engaged in war crimes, crimes against humanity or genocide' shall be construed in accordance with section 4F;".
Sentiment score: -0.30
I accept that amendment Nos. 7 and 8 are connected to the amendments I spoke about previously but I will speak on amendment No. 8 and possibly come back in on amendment No. 7. We have to remind ourselves of what we are dealing with and why we cannot allow citizens of our State to serve in the IDF or any other armed force engaged in war crimes. In addition to the destruction of Gaza and the killing of tens of thousands through indiscriminate bombing, members of the IDF have engaged in the shooting of pregnant women and the burning alive of children as they slept in tents. The IDF has blocked aid, food and medicine from getting to a starving population. Its members have raped and sexually assaulted Palestinians, including teens, who have died as a result. This is not disputed. This is documented and justified in Israel. The IDF has targeted healthcare staff, attacked hospitals and ordered healthcare staff to leave patients, including newborn babies, to die in incubators. It has targeted journalists. Nearly 200 journalists have been killed according to the Committee to Protect Journalists. Israel will not let international news teams into Gaza. We have to send a message that Ireland will not tolerate this. Evil triumphs when good men do nothing. We simply cannot do nothing. We cannot be bystanders to genocide and we cannot allow citizens of this State to facilitate genocide. Does the Minister know what we will be doing very soon because good men have done nothing? We will be welcoming former members of the IDF to play a game of football against the Irish team. This is absurd. Can the Minister guarantee that those players who take to the pitch have not taken part in or supported the genocide of the Palestinian people? Can he guarantee that those who travel to Ireland to support Israel have not taken part or supported the genocide of the Palestinian people? I said to the Minister earlier that if he accepts that Israel has committed genocide, he must accept that the IDF is the instrument Israel is using to commit that genocide. If this is the case, I do not see how the Minister cannot accept our amendments.
Sentiment score: -0.02
I have some concerns that the definitions in the Minister's amendment are overly expansive. They risk capturing non-terrorist activity and blur distinctions between intent and action, potentially granting disproportionate State power without sufficient safeguarding or clarity. Does the Minister have any concerns that the amendment's vague definitions could risk capturing lawful protest, activism, research or humanitarian work as terrorism by relying on expansive intent tests and extraterritorial reach that exceeds genuine security needs?
Sentiment score: -0.17
I move amendment No. 8: In page 4, between lines 6 and 7, to insert the following: "(f) organising or facilitating travel for the purpose of serving in the armed forces of a state engaged in war crimes, crimes against humanity or genocide, (g) providing training in the armed forces of a state engaged in war crimes, crimes against humanity or genocide, (h) receiving training in the armed forces of a state engaged in war crimes, crimes against humanity or genocide, (i) recruitment for purpose of serving in the armed forces of a state engaged in war crimes, crimes against humanity or genocide, (j) travel for purpose of serving in the armed forces of a state engaged in war crimes, crimes against humanity or genocide,".
Sentiment score: -0.57
I move amendment No. 9: In page 4, to delete lines 14 to 29. There is a need for robust legislation to tackle terrorism and terrorist activity. I know everybody can agree on this. I will hang on for a minute, if that is alright, a Leas-Cheann Comhairle, if people want to leave while we are discussing Palestine and the genocide that goes on there.
Sentiment score: -0.10
This is needed, particularly given the current global climate. However, the vagueness in this Bill is more likely to lead to abuse by the Government to stamp out political protest, political activism and free speech. Intention and the glorification of terrorism are open to interpretation. We cannot have a vague Bill and I will outline why. A clause in the Bill could criminalise those of us who wish to commemorate past Irish revolutionaries. Will the Minister commemorate the members of the good old IRA, such as De Valera, Lemass and Collins? Were they not considered terrorists of their time by the British establishment and the British Government? The language of glorifying terrorism contained in the Bill is open to interpretation. This is the language of the DUP, which has sought to criminalise anyone who attends commemorations of loved ones killed in the conflict in the North. I make no apology whatsoever when I attend, and I will continue to attend, commemorations of our patriot dead. It could be equally used against those commemorating the 1916 Rising or even wearing an Easter lily as I am at this moment. As I said previously when the Bill was being discussed, such laws existed in the 1980s. It is probable that putting up in public a poster of Bobby Sands or Nelson Mandela would be construed as glorifying terrorism. In the recent past, we have seen how Mo Chara from the rap group Kneecap was charged with a terrorism offence for waving a flag while performing on stage. There is no greater oxymoron then British Government. Kneecap has been a thorn in the side of the British Government because it represents everything the British establishment hates. The debate on the Bill takes place against a background where there has been across Europe, Britain and America an increase in the use of similar legislation against legitimate political protest, including in relation to Palestine. We cannot ignore this context. The problem is when we insert this kind of provision in law we do not know how it will be used in future. The Minister's assurances that the provision will not be misused does not give any sense of assurance. When I spoke earlier I said that while he may not use this law against Irish people, a future Minister could do so. We do not know who will be sitting in that chair in five, ten or 20 years down the line. There is clearly an attempt to crack down on freedom of speech rather than terrorist activity. Given the direction that Europe is going, we should not allow a diktat from the EU on this or any other issue that impacts on freedom of speech. The section must be opposed because its provisions are authoritarian, uncalled for and open to abuse.
Sentiment score: -0.07
I will sleep well tonight knowing the Minister will not be coming after me for wearing my Easter lily. I also appreciate his assurance that my future attendance at any commemoration of our patriot dead will not be seen as a terrorist offence. However, he has not given me any assurance that future Ministers sitting in his seat will take the same stance. There is vagueness in the Bill that is open to interpretation. It does not give me any confidence whatsoever that this vagueness will not be interpreted by a different Minister, maybe from a different party, and used in a different way. We are asking the Minister to delete the section on public provocation to commit terrorist offences because the definition is too vague. It is also subjective and open to abuse by future Ministers. I will continue to wear my lily and commemorate our patriot dead, and I accept the Minister's assurances of that. However, I want to know that future generations of Irish people will be able to do the same thing, and this Bill will not come after them.
Sentiment score: -0.09
I move amendment No. 11: In page 7, between lines 32 and 33, to insert the following: “Training for purpose of serving in the armed forces of a state engaged in war crimes, crimes against humanity or genocide 4F. (1) For the purposes of this Part, training in the armed forces of a state engaged in the commission of war crimes, crimes against humanity or genocide means intentionally providing instruction or training in the skills of— (a) making or using, for the purpose of committing, or contributing to, the commission of war crimes, crimes against humanity or genocide— (i) firearms or explosives, (ii) nuclear material, (iii) biological weapons, chemical weapons or prohibited weapons, or (iv) such other weapons, or noxious or hazardous substances, that may be used in the commission of war crimes, crimes against humanity or genocide as the Minister may prescribe, or (b) such other techniques or methods for the purpose of committing, or contributing to the commission of, war crimes, crimes against humanity or genocide as the Minister may prescribe, knowing or believing that it is likely that the skills provided are intended to be used by a person receiving the instruction or training for the purpose of committing, or contributing to the commission of, war crimes, crimes against humanity or genocide. (2) The Minister may, if he or she considers it appropriate to do so, make regulations for the purposes of subsection (1) and he or she shall— (a) before making such regulations, consult with the Minister for Foreign Affairs, the Minister for Defence, the Commissioner of An Garda Siìochaìna, and such other Minister of the Government as the Minister considers appropriate having regard to the weapons, substances, techniques or methods concerned, and (b) in making such regulations, have regard to the following: (i) the capability of the weapon, substance, technique or method concerned to cause the death of or serious bodily injury to persons or substantial material damage to property; (ii) the capacity of the weapon, substance, technique or method concerned to be used for the purposes of committing war crimes, crimes against humanity or genocide and the likelihood of it being so used; (iii) the extent to which instruction or training— (I) in the making or use of the weapon or substance concerned, or (II) in the use of the technique or method concerned, is required for the making or use, as the case may be, of that weapon, substance, technique or method for the purpose of committing, or contributing to the commission of, a war crime, a crime against humanity or genocide.”.”.
Sentiment score: -0.64
I move amendment No. 12: In page 7, between lines 32 and 33, to insert the following: “Recruitment for purpose of serving in the armed forces of a state engaged in war crimes, crimes against humanity or genocide 4F.For the purposes of this Part, recruitment for purpose of serving in the armed forces of a state engaged in war crimes, crimes against humanity or genocide means the intentional recruitment of another person to serve in the armed forces of a state which is engaged in, or is reasonably suspected of having engaged in, a war crime, a crime against humanity or genocide.”.”.
Sentiment score: -0.60
I move amendment No. 13: In page 7, between lines 32 and 33, to insert the following: “Travel for purpose of serving in the armed forces of a state engaged in war crimes, crimes against humanity or genocide 4F.For the purposes of this Part, a person travels for the purpose of serving in the armed forces of a state engaged in war crimes, crimes against humanity or genocide if he or she travels from the State to a place other than the State for the purpose of participation in the armed forces of another state which is engaged in, or is reasonably suspected of having engaged in, genocide, crimes against humanity or war crimes.”.”.
Sentiment score: -0.44
I move amendment No. 14: In page 7, between lines 32 and 33, to insert the following: “Organising or facilitating travel for purpose of participation in the armed forces of another state which is engaged in genocide, crimes against humanity or war crimes 4F.For the purposes of this Part, a person organises or facilitates travel for the purpose of participation in the armed forces of another state which is engaged in genocide, crimes against humanity or war crimes— (a) if he or she— (i) does any act— (I) consisting of the making of an arrangement for the travel by any person to the State from a place other than the State, or (II) that would facilitate the travel by any person to the State from a place other than the State, or (ii) causes any person to do such an act, knowing that such travel is for a purpose referred to in section 4F, or (b) if he or she— (i) does any act— (I) consisting of the making of an arrangement for the travel by any person from the State to a place other than the State, or (II) that would facilitate the travel by any person from the State to a place other than the State, or (ii) causes any person to do such an act, knowing that such travel is for a purpose referred to in section 4F.”.”.
Sentiment score: -0.41
My understanding is that amendment No. 19 aims to make terrorism financing offences easier to prosecute by removing the requirement to prove that funds were actually used for a specific terrorist act or that the accused knew the precise purpose. It broadens liability across subsections and aligns evidential rules with section 6 so that prosecutors need only show that funds were provided in circumstances linked to terrorism, not that they directly financed a particular operation. Does the Minister have any concerns that the amendment lowers evidential thresholds so far that it risks criminalising individuals without proof of intent or use of funds, or that it weakens safeguards against terrorism financing prosecutions?
Sentiment score: -0.69