Economic Activity of Public Bodies (Overseas Matters) Bill

Debate between Lord Roborough and Lord Warner

Committee stage
Tuesday 7th May 2024 Lords Chamber

[Lord Roborough (Con)]

My Lords, I am sorry to disappoint your Lordships’ Committee after so many questions asked of my noble friend the Minister. But I am the Minister representing His Majesty’s Government on this group of amendments. I am grateful to the noble Baroness, Lady Deech, and my noble friends Lord Wolfson and Lord Leigh for refocusing the House on these two amendments. I will answer as many of the broader questions as I have time for after addressing these myself.

Let me begin with Amendment 48, tabled by the noble Lord, Lord Warner. This amendment would require the Secretary of State to lay before Parliament a review of the Bill’s compliance with the Human Rights Act 1998, and in particular Article 10 of the European Convention on Human Rights, within six months of Royal Assent. As my noble friend the Minister has set out, the Bill will apply to public authorities as defined in Section 6 of the Human Rights Act. In the exercise of their public functions these bodies do not have their own rights under the Human Rights Act or the ECHR, including under Article 10. The Bill does not apply to individuals and their private functions; therefore, it will not infringe on any individual’s rights under the ECHR.

As for the questions asked by the noble Lord, Lord Warner, about compatibility, the Government remain strongly committed to the UK’s long and proud tradition of free speech and to the ECHR’s Article 10 right to freedom of expression. The Minister has signed a statement of the Bill’s compatibility with ECHR rights. On sharing legal advice, His Majesty’s Government do not share legal advice, but we do act on it.

Nothing in the Bill goes against the European Convention on Human Rights. The ban will apply only to bodies that are public authorities under the Human Rights Act 1998—

[Lord Warner (CB)]

With due respect to the Minister— I am sorry to interrupt when he is keeping to his script—the point I was making was that the certificate that the Secretary of State or Minister signs on the face of the Bill does not just cover the actions of public bodies, it covers all aspects of that particular piece of legislation. I am arguing that there are parts of that legislation that make it impossible to sign with good heart that compliance with the European Convention on Human Rights—and, indeed, the Human Rights Act 1988. It is not just the issues around public bodies, it is about the totality of that piece of legislation being compliant. I gave some examples where it was not compliant. I am very happy to meet the Minister to give him another half a dozen in which it is not compliant. I was asking which legal Minister signed off this as compliant with the Human Rights Act.

[Lord Roborough (Con)]

My noble friend the Minister has signed the statement of the Bill’s compatibility and is comfortable with that. If the noble Lord, Lord Warner, would like to share his specific concerns further to this, I would be happy to look at them.

The Government remain strongly committed to the UK’s long and proud tradition of free speech and to the ECHR. My noble friend the Minister, on bringing this legislation to the House, confirmed that the provisions of the Bill are compatible with the convention rights.

Let me now turn to Amendment 19, tabled by the noble Lord, Lord Collins of Highbury. His Majesty’s Government appreciate the offer of co-operation and a meeting. We would certainly take him up on that very generous offer to hear out his concerns further. Amendment 19 would exempt decisions from the ban that have been made in accordance with a statement of policy relating to human rights produced by a public authority. The Secretary of State would be required to produce guidance on the content of such statements to which public authorities would be required to have regard—a significant word, as pointed out by my noble friend Lord Wolfson.