Matt Carthy (Cavan-Monaghan, Sinn Fein)
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3. To ask the Minister for Foreign Affairs and Trade if he will report on the advice provided to the Minister for Enterprise, Trade and Employment regarding the provision of dual-use export licences for commercial products or services with military applications to Israel. [40494/24]

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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Licences for the exportation of what are called dual-use items, which are items that have a potential military use, are sanctioned by the Minister for Enterprise, Trade and Employment, but only after consultation with the Minister for Foreign Affairs, according to the regulations. I ask the Tánaiste to report on the advice his Department has given to the Department of enterprise where applications for export licences in respect of these types of items for Israel are concerned.

Micheál Martin (Cork South Central, Fianna Fail)
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The Department of Enterprise, Trade and Employment operates a rigorous and robust licence application process for the export of dual-use goods, which centres on a careful assessment of the proposed end user and end use. Under the Control of Exports Act 2023, which covers military and dual-use goods, the Minister for Enterprise, Trade and Employment may consult with any other Minister of the Government as he or she considers appropriate, including when considering applications for the authorisation of exports of dual-use items listed in annex I to the dual-use regulation.

The Department of Foreign Affairs does not advise the Department of Enterprise, Trade and Employment with regard to the licence application outcome. However, my Department provides observations at the request of the Department of Enterprise, Trade and Employment. These observations are made with reference to the eight assessment criteria established in the Council Common Position 2008/944/CFSP, which include, "Respect for human rights in the country of final destination as well as respect by that country of international humanitarian law”, and, "Internal situation in the country of final destination, as a function of the existence of tensions or armed conflicts."

I assure the Deputy that my Department raises relevant human rights considerations in respect of all export licence applications received from the Department of Enterprise, Trade and Employment, including those concerning dual-use exports to Israel. The Department keeps its observations on end-use countries under ongoing review.

As I have made clear, the continuing violence in the Middle East is of grave concern. Ireland has consistently called for an immediate ceasefire and hostage release deal and a surge in humanitarian assistance to Gaza and an immediate ceasefire and humanitarian assistance in Lebanon.

My Department is closely following the situation in the region and always takes relevant developments into account when providing observations on export licences to the Department of Enterprise, Trade and Employment.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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Over the past year, as the genocide in Gaza in particular has intensified and as a global boycott campaign has grown, the Israeli economy contracted quite an amount. Its credit rating has been downgraded multiple times and its economy has suffered across virtually every sector. Yet, one area that is apparently booming is its trade in dual-use items with a military purpose with Ireland in particular which bizarrely saw a significant increase over the past year. I found out through a parliamentary question that 71 export licences have been provided by Ireland to states currently answering a case of genocide before the International Court of Justice. A scandalous 102 have been issued to states whose civilian or military leaderships are subject to arrest warrants sought by the chief prosecutor of the International Criminal Court.

Catherine Connolly (Galway West, Independent)
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Go raibh maith agat.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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Will the Minister explain precisely what human rights provisions are taken into account? To my knowledge, no such export licence has ever been denied.

Micheál Martin (Cork South Central, Fianna Fail)
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The Department of Foreign provided observations in 31 export licence requests where the end use country was Israel in 2024. The Department of Foreign Affairs previously provided 116 cases of foreign policy observations generally across the board to the Department of Enterprise, Trade and Employment on dual-use export licence applications to Israel since 2020, over the past four years. In line with the Control of exports Act 2023, my Department reviews all dual-use export licence applications received from the Department of Enterprise, Trade and Employment against the eight assessment criteria set out in the Council common position. All of the applications are assessed on a case-by-case basis giving due consideration to that Council common position defining common rules governing control of the export of military technology and equipment. It is a rigorous licence application process which centres on the careful assessment of the proposed end user and end use.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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I am told there is a quote in respect of a number of licences and the fact that they have grown that they raise a higher or potentially more serious risk of misuse because they are going to state agencies or linked companies. That is in respect of dual-use items exported to Israel. To be clear, when a state, whether it be Russia, Israel or any other oppressive state, is currently engaged in a hostile military action leading to the deaths of civilians, we should not send them any materials with a potential military use. The Minister can correct me if I am wrong, but I am not aware that any such licence application has been turned down. That does not speak to a rigorous regime; it speaks to a regime that is basically a box-ticking exercise. It is impossible to believe that of every one of these licences, which have increased in alignment with the war in Gaza, not a single one has been deemed ineligible.

Catherine Connolly (Galway West, Independent)
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Go raibh maith agat.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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Does the Tánaiste agree that this process needs to be reviewed?

Micheál Martin (Cork South Central, Fianna Fail)
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I am not so clear the Deputy is correct. He needs to drill down and engage with the Department of enterprise on that question. Concerning dual use in the modern era, with the advance of technology people can assert a dual use for almost anything today, sometimes for negative reasons. I was at the Rafah crossing some months ago and saw built up in every warehouse a range of goods for humanitarian purposes which the Israeli Government and IDF labelled as dual use. One can see how dual use frameworks and regulations can be abused to suit one's own agenda. In this case, education packs, medical facilities and generators were not allowed into Gaza in a shocking manner. It was appalling to see such abuse of dual use regulations by the Israeli Government.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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They are not items that need a dual-use licence, in fairness.

Micheál Martin (Cork South Central, Fianna Fail)
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The point is that the Department of enterprise goes through this and seeks advice in respect of it. To be fair to all concerned, the Deputy needs to go through each licence application with the Department of enterprise to drill down and see the decision made against the criteria it has to use.

Catherine Connolly (Galway West, Independent)
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We are way over time.