The Irish government cannot “challenge” a bill banning imports from illegal Israeli settlements on Palestinian land if it is unconstitutional, Ireland’s deputy prime minister has said.

There is disagreement between the Irish government and opposition parties over how quickly the Occupied Territories Bill can be amended and passed before the general election.

The Dail is expected to be dissolved by the end of the week and polling day at the end of the month.

Ireland’s Deputy Prime Minister Micheal Martin said the occupied territories law needed to be substantially amended to make it legally sound and would not be ready until the end of the week.

He said the amendments would be ready for the next government.

Opposition politicians accused the government of delaying the passage of the bill after years of delay.

Independent Senator Frances Black’s bill, tabled in 2018, has been frozen in the legislative process for years over fears it would breach EU law.

But the Irish government said an advisory opinion from the International Court of Justice (ICJ) in the summer, which said Israel’s occupation of Palestinian territories was illegal under international law and that countries should not aid or assist illegal settlements, changed the context. .

The opposition has called on the government to pass the bill before an election, with Sinn Fein and the Social Democrats buying time in the Dail this week to do so.

Speaking on Tuesday, Tanaiste and Foreign Affairs Minister Mr Martin said it was an “extraordinary position” to ask “to pass a bill which is, as it is currently written, unconstitutional”.

In an appearance before the Oireachtas foreign affairs committee, Mr Martin told TDs and senators that while the ICJ’s opinion changed the “legal context for the bill”, it did not make it legally watertight or “a slam dunk”.

“I cannot pass a bill that is unconstitutional,” he said.

“This will be challenged, this could go straight to the European courts, and the least we could do is draft a bill that is robust enough to navigate such a potential journey.”

He said the attorney general’s advice several years ago was that if the EU did not take action to limit or prevent trade in illegal Israeli settlements, there were “exceptional” grounds in EU law that could allow countries to take action.

He said they had been informed that the provision in EU law could only be compromised on exceptional grounds of public order, but it would be unusual to use that argument to comply with international law.

Mr Martin said: “What has not changed is the European Union’s exclusive competence on trade for all its member states, including Ireland. In this context, the Taoiseach has asked the Attorney General to provide updated advice on this Bill.

“However, it is important to understand that these reasons have never been used by a Member State before in similar circumstances. It therefore remains a legal risk if we take our own internal measures.”

The bill’s author, Frances Black, also addressed the committee, telling members that the bill “shouldn’t have taken this long” to pass.

“If (the ICJ decision) is what can finally unlock things, then I really welcome it.

“We should not waste any more time, we need to focus on getting this legislation passed as soon as possible.

“After decades of theft, dispossession and displacement, and in the context of an ongoing genocide in Gaza, this bill is the least we can do.”

Christian Aid Ireland’s head of policy and advocacy, Conor O’Neill, told the committee that many of the amendments that were discussed were “not hugely provocative”.

He said that when the bill was originally drawn up, it was made to apply to occupied territory anywhere in the world if there was support in the Oireachtas for it and clarity from international courts on the matter.

But as the bill is redrafted to reflect the ICJ opinion, it will now focus on the Palestinian territories.

“If it were to do so, the main constitutional arguments that have also been raised would by default cease to apply.”

He also said that any distinction between banning physical goods but not services “would be arbitrary, both politically and legally.”

Sinn Fein foreign affairs spokesman Matt Carty accused the government of trying to “delay and frustrate” the passage of the law.

“You have told us that substantive changes must be made to most, if not all, of the provisions of the bill.

“In fact, you’ve already directly contradicted Senator Frances Black, who says the requirements are technical changes.”

Committee chairman and former justice minister Charlie Flanagan asked Mr Martin for correspondence from Attorney-General Rossa Fanning to explain the reasoning behind the changes to the bill.

Mr Martin responded that because Fanning’s advice “indicates potential lines of attack from people who might want to undermine the bill”, it should not be shared.

“So you offer this, with more than 10 people or whatever, and it gets into the hands of those who could take a case against it, that would weaken our collective position as a nation in defending such a bill.”

He added: “Unfortunately, passing this bill will not stop Israel’s behavior.”