Economic Activity of Public Bodies (Overseas Matters) Bill

Debate between Alex Norris and Nadia Whittome

2nd reading
Monday 3rd July 2023 Commons Chamber

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to close this challenging but important debate on behalf of the Opposition. The debate has covered Britain’s place in the world, freedom of speech, human rights, genocide and a whole range of other important topics.

At the heart of the debate lies a central question: does the Bill balance legitimate, strongly held and well-meant desires to challenge behaviours overseas on principled grounds against important protections for particular nations or regions in the face of disproportionate treatment? I am afraid the answer is no.

We believe there should be legislation to frame boycott and divestment-type activities—legislation that allows communities to decide where their money goes—in response to human rights or genocide concern, while ensuring such decisions are made equitably and consistently so that the world’s only Jewish state, for example, is not singled out and targeted. This is consistent with our long-held stance against the boycott, divestment and sanctions campaign against Israel.

Colleagues can have confidence that we believe in such framing legislation, because the shadow Secretary of State, my hon. Friend the Member for Wigan (Lisa Nandy), and I tabled such amendments to the Procurement Bill in Committee, some months ago, and on Report. The amendments were rejected by the Government, but the Bill tabled in their stead, the Bill before us, is considerably worse than the option we offered.

My hon. Friend the Member for Birmingham, Selly Oak (Steve McCabe) called the Bill a “dog’s dinner.” He is generally not a man to disappoint, but his sentiment was one of disappointment, which was echoed in the remarkable contribution of my right hon. Friend the Member for Barking (Dame Margaret Hodge), who spoke of the frustration of those, including the hon. Member for Birmingham, Selly Oak, who want to see legislation that the House can unite behind. We do not have that currently.

There has been a range of other excellent contributions. The Chair of the Foreign Affairs Committee, the hon. Member for Rutland and Melton (Alicia Kearns), referenced clause 3(7), as did my hon. Friend the Member for Hammersmith (Andy Slaughter) and the hon. Member for Meon Valley (Mrs Drummond). This subsection breaks the distinction between the state of Israel and the occupied territories, which is a significant change in Government policy, and it asks significant questions about our compliance with UN resolutions. The Minister must account for that change of policy and assuage some of those concerns in her summing up.

The right hon. Members for Middlesbrough South and East Cleveland (Sir Simon Clarke) and for Chipping Barnet (Theresa Villiers) said that foreign policy matters of this nature are not for local decision makers. Well, we do not think that is right. My hon. Friend the Member for Sheffield Central (Paul Blomfield) made a very strong argument about how it has worked and been effective in his community in the past. In a bolder argument, the hon. Member for Edinburgh East (Tommy Sheppard) rightly said that it is our communities’ money. I, like many colleagues, am a member of the local government pension scheme—that is our money; and I am a council tax payer—that is our money. It is not unreasonable that we might want to have a say in how it is spent.

[Nadia Whittome]

This Bill is anti-democratic and anti-human rights. It frustrates peace efforts in the middle east and it is an obstacle to social justice everywhere. As such, it has been condemned by a huge range of civil society organisations, including trade unions, charities and faith organisations. Does my hon. Friend agree with them and with me that for those reasons the Bill must not receive a Second Reading?

[Alex Norris]

Yes, I think that what has been striking is that colleagues who come at this from very different places and parties have reached that conclusion of the inadequacy of this legislation. I hope the Government will reflect on that. The hon. Member for Brigg and Goole (Andrew Percy) asked what our alternative was. The hon. Member for Gloucester (Richard Graham) made a powerful contribution, but I slightly challenge his suggestion that we were saying that we should rip this up in an unspecified way. That is not the point we are making. We are saying that we tabled an amendment to the Procurement Bill that we think is better. If the Government think it is technically inadequate, we would be happy to work with them to improve it. What we do know is that it is much better than what is before us today.

My hon. Friends the Members for Middlesbrough (Andy McDonald) and for Cynon Valley (Beth Winter) made important points about what this Bill does to the devolved regional and national settlements—it challenges and presses them greatly. The right hon. Member for Preseli Pembrokeshire (Stephen Crabb) and the hon. Members for Harrow East (Bob Blackman) and for Strangford (Jim Shannon) made powerful anti-BDS cases. I hope the position that my hon. Friend the Member for Wigan (Lisa Nandy) and I have taken on that assuages some concerns. My hon. Friend the Member for Strangford is my friend and we should always be honest with our friends, so let me say that he has done peerless work in this place on tackling the persecution of Christians abroad and he should have real concerns about how this legislation would fetter such activities in the future.

I will cover some more of the contributions as I get through the rest of my points, but certain concerns must be addressed by the Minister in her closing remarks. First, which of the two possible readings of clause 1 do the Government intend? Does the “territorial consideration” provision mean that not wishing to procure from Xinjiang is unacceptable but that not wishing to procure from the entire nation of China would be acceptable? Or does it mean that all actions of all foreign Governments are beyond the scope of local decision makers? How, at this stage, can it be satisfactory that there is ambiguity? As we have heard, this is legislation that will head straight to the courts. Secondly, to accept clause 3 is to exalt the Secretary of State ahead of any other public representative, as my right hon. Friend the Member for Hayes and Harlington (John McDonnell) said. It is to set aside the mandates of the Mayor of the West Midlands, the Mayor of Greater Manchester or of the leaders of councils in favour of the Secretary of State. It is to give that person, whoever they may be, sole arbitration of human rights abuses, of genocide. That should give all of us pause, but it is worsened by clause 4, the gagging clause, which my hon. Friends the Members for Sunderland Central (Julie Elliott), for Liverpool, Riverside (Kim Johnson), for Leeds East (Richard Burgon)—