US ambassador warned of ‘consequences’ for enacting Occupied Territories Bill – 90 minutes later Micheál Martin said it would be reviewed rather than passed

A senior US diplomat warned tánaiste Micheál Martin's office and the taoiseach of "consequences" if government enacted the Occupied Territories Bill – 90 minutes before Martin issued a statement committing only to a "review" rather than enactment of the legislation.

US Ambassador to Ireland Claire Cronin contacted several government offices last month, telling them she was “closely following developments related to the Occupied Territories Bill”, which would ban the sale and import of goods from illegally occupied Palestinian territory. 

Cronin offered to “connect” attorney general Rossa Fanning –  who recommended the “significant amendments” Micheál Martin claims are necessary to the bill – and government enterprise teams, with "relevant offices in Washington".

This would, said Cronin, "ensure the best outcome" for the legislation – which government blocked in 2019 after a secret pledge to the Israeli government from Paschal Donohoe to “block” it.

Shortly after government received Cronin's correspondence, Martin publicly announced the bill would undergo a review rather than be enacted.

‘The best possible outcome’ (for the US diplomat)

On 22 October US ambassador to Ireland Claire Cronin sent an email warning of “consequences” for Ireland if the Occupied Territories Bill proceeded.

She sent the email at 2.33pm. 

The ambassador sent the email, seen by The Ditch, Department of Foreign Affairs secretary general Joe Hackett, the Department of Enterprise address, as well as taoiseach Simon Harris and Department of the Taoiseach secretary general John Callinan. Assistant secretary for EU and International Division Helen Blake, US deputy chief of mission Michael Clausen and another state department official also received it.

"I am closely following developments related to the Occupied Territories Bill, as are colleagues in Washington," wrote Cronin.

"We are concerned that, if enacted in its current form, the bill would cause economic uncertainty for almost 1,000 US companies operating in Ireland because the US Export Administration Act prohibits companies from complying with an 'unsanctioned foreign boycott.'"

The ambassador told officials to "conduct thorough due diligence" to "avoid any unforeseen consequences".

“I encourage your teams to conduct thorough due diligence on the bill's potential impact to avoid any unforeseen consequences that could detract what you hope to achieve with this legislation,” she wrote. 

Cronin also offered to set up what she thought would be useful meetings.

“My team is happy to connect your AG and enterprise teams with the relevant offices in Washington for discussions to ensure the best outcome,” she wrote. 

The Ditch has contacted attorney general Rossa Fanning for comment.

On 1 November, 10 days after warning government about economic consequences of passing the Occupied Territories Bill, Cronin posted a photo on social media, standing alongside taoiseach Simon Harris, announcing 550 Microsoft jobs for Dublin. 

The ambassador praised "the ever-strengthening U.S.-Ireland trade and investment relationship" in what she called "this year of centenary celebrations of diplomatic relations."

Mail from the diplomat. Ninety minutes pass. The bill is to be reviewed 

Less than ninety minutes after receiving Cronin's email, at 4.02pm, tánaiste Micheál Martin announced that rather than bring the Occupied Territories Bill into law, "the bill will be reviewed and amendments will be prepared in order to bring it into line with the constitution and EU law."

The tánaiste cited "a range of complex policy and legal issues to be resolved" and said government would progress the review "in consultation with the attorney general, relevant ministers and the sponsor of the bill (Senator Frances Black)."

The statement described the review as "one element of the government's approach to the devastating violence and the appalling humanitarian situation in Gaza and the West Bank." 

The government previously blocked the Occupied Territories Bill in early 2019. Then finance minister Paschal Donohoe told his Israeli counterpart, in a “confidential call” not recorded in his ministerial diary, that government would use the money message mechanism to stop it.

Records from the Israeli Ministry of Justice show officials had discussed using corporate influence against the bill in January 2019.

"We must understand and find out what are the ways and options before us in order to influence and cause the repeal or postponement of the law... Do you take direct action against the opposition party? Or through the lobbying actions of the companies?" wrote Ministry of Economy representative Yossi Ackerman.

The US embassy, the Departments of Foreign Affairs, the Department of Enterprise, and the Department of Taoiseach have been contacted for comment.