Found: Government Response to the 4th Report - Economic Activity of Public Bodies (Overseas Matters) Bill Government

Found: We have recently had the Economic Activity of Public Bodies (Overseas Matters) Bill—you will probably

Found: 4th Report - Economic Activity of Public Bodies (Overseas Matters) Bill Report

Found: that come from the department that are not to do with housing, the Holocaust Memorial Bill and the Economic

Found: 7th Report - Victims and Prisoners Bill, Heritage Trees Bill [HL], Economic Activity of Public Bodies

Question to the Cabinet Office:

To ask His Majesty's Government whether, for the purposes of the Economic Activity of Public Bodies (Overseas Matters) Bill, the definition of a "public body" may apply to a single individual person.

Answered by Baroness Neville-Rolfe - Minister of State (Cabinet Office)

The Bill applies to public authorities as defined in section 6 of the Human Rights Act 1998.

This means that the Bill will only apply to public authorities and not to individuals in their private capacities. When an individual is acting on behalf of a public authority, they will not be held personally liable for a breach of the ban. Only public authorities can breach the ban.

Cases where this definition may apply to a single individual will be limited to where that individual is themselves a public authority. An example of such a case would be a Secretary of State. In this example, the Secretary of State would only be in scope of the Bill when acting as Secretary of State – and not when acting in their personal capacity.

Question to the Cabinet Office:

To ask His Majesty's Government whether, for the purposes of the Economic Activity of Public Bodies (Overseas Matters) Bill, there is a lower limit to (1) the amount or proportion of public funding received by a public body, and (2) the size of such a body using any other metric.

Answered by Baroness Neville-Rolfe - Minister of State (Cabinet Office)

The Economic Activity of Public Bodies (Overseas Matters) Bill applies to public authorities, as defined in section 6 of the Human Rights Act 1998. There is no universal test to determine whether an authority is bound by section 6 of the Human Rights Act and therefore in scope of the Bill. However, indicative factors that have been identified by judges as relevant include: the authority receiving a significant amount of public funding; the authority carrying out acts in exercise of statutory powers; and the authority exercising a task which is in the public interest. Although there is no lower limit to the size of a public authority, nor the amount of public funding that a public authority can receive, judges have already clarified that receiving public funding does not, on its own, mean a body is a public authority under section 6, nor exercising public functions. Ultimately, the courts would decide on individual cases depending on the particular circumstances.

Question to the Cabinet Office:

To ask His Majesty's Government what is their definition of "public body" for the purposes of the Economic Activity of Public Bodies (Overseas Matters) Bill; and whether this definition includes arts organisations.

Answered by Baroness Neville-Rolfe - Minister of State (Cabinet Office)

The Bill applies to a broad range of public bodies to protect community cohesion and ensure a consistent approach to foreign policy. Specifically, the Bill applies to public authorities, as defined in section 6 of the Human Rights Act 1998. Bodies should already be aware if they are bound by section 6 of the Human Rights Act 1998 as this legislation has been on the statute book for 25 years and places wide-ranging obligations on them.

The definition may include some arts organisations such as some museums and galleries in receipt of significant public funding when they are undertaking certain public functions. As with any general definition in legislation, there are instances where the application of a definition depends on the specific facts of a case and it is ultimately for the courts to decide.

Found: Economic Activity of Public Bodies (Overseas Matters) Bill: HL Bill 38 of 2023–24

Found: St Albans Answering Member: Lord Goldsmith of Richmond Park (FCDO) 3 July 2023 735 cc586 -664 Economic

Found: Monde, 14 November 2023 2 Department for Levelling Up, Housing and Communities, Impact Assessment: Economic

Found: Neville-Rolfe to Baroness Drake regarding her response to the Constitution Committee report on the Economic

Found: Report on the Legislative Consent Memorandum for the Economic Activity of Public Bodies (Overseas Matters

Found: ECONOMIC ACTIVITY OF PUBLIC BODIES (OVERSEAS MATTERS) BILL The Bill has implications significantly

Question

To ask the Scottish Government what assessment it has made of any potential impact of the UK Government’s Economic Activity of Public Bodies (Overseas Matters) Bill on the ability of Scottish Enterprise and other public bodies in Scotland to conduct human rights reputational risk management and other similar checks on prospective recipients of grants and other support.

Answered by Lochhead, Richard - Minister for Small Business, Innovation, Tourism and Trade

The UK Government’s Economic Activity of Public Bodies (Overseas Matters) Bill is currently at House of Lords Committee stage, and is therefore still subject to change. As it stands, it is clear that this disproportionate and unnecessary legislation is likely to significantly affect the ways in which public bodies can take human rights concerns into account when making certain decisions. We will make a full assessment of the Bill, its coverage and its impact on public bodies in Scotland when it is in its final form, and will make any necessary adjustments to our Human Rights Due Diligence guidance, and any other relevant guidance, accordingly.

Found: Comprehensive and Progressive Agreement for T rans-Pacific Partnership) Bill 20 February 2024 granted Economic