24. Deputy Sinéad Gibney asked the Minister for Enterprise, Tourism and Employment whether issues with the process around the issuing of dual use export licences to end users in Israel (details supplied) has been fully resolved; and to explain the way in which such issues occurred. [66950/26]

Controls on the export of dual-use items are administered by my Department, in accordance with Regulation (EU) 2021/821 of the European Parliament and of the Council setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items.

The bulk of dual-use exports from Ireland, including those to end users in Israel, are mainstream business ICT products, both hardware and software. They are categorised as dual-use items as a consequence of the fact that they incorporate strong encryption for ICT security purposes.

All export licence applications are considered by my officials in accordance with criteria set out within the relevant dual-use and military EU and National Regulations and with Ireland’s international obligations and responsibilities as members of non-proliferation regimes and export control arrangements. Each application is assessed individually, considering the nature of the items, the destination country, the identity of the end-user, and the intended end-use. Ireland’s decisions are guided by the EU Common Position and its eight criteria, which include respect for human rights, international obligations, regional stability and risk of diversion to another end use or end user.

The risk profile of an application is impacted by current geopolitical factors, the end user, the items in question and their ability to be mis-used. This risk profile can change on a case-by-case basis. If an application is deemed high risk and the exporter is unable to provide strong assurances to mitigate the risks identified, the application will be denied. As each application is treated on a case-by case basis, the available reliable and verifiable information at the time and associated risk assessments can change from application to application. Therefore, a licence that may have been granted in one instance could be refused in a later, similar case where the relevant circumstances or assessment differ.

I do not accept the characterisation that there were issues with the process for issuing dual-use export licences to end users in Israel. Internal procedures are kept under ongoing review to ensure a rigorous, effective and adaptable licensing system, and any refinements to administrative processes form part of normal operational practice rather than being indicative of a deficiency in the licensing process. Careful consideration is given to each and every application with a detailed review of all elements of the application, including the end user and end destination.

The introduction of the Control of Exports Act 2023, in August 2024, did not change the obligations on exporters with regard to control of dual-use exports. These obligations are primarily laid out under EU law in Regulation 2021/821 and existed in the previous Control of Exports Act 2008. The introduction of the new Act provided a timely opportunity to remind exporters of their ongoing obligations, something the Department continues to do on a regular basis.

The primary purpose of export controls is not to block trade or exports, but to enable the free movement of legitimate goods while ensuring that certain sensitive categories are subject to appropriate regulation.