Economic Activity of Public Bodies (Overseas Matters) Bill

Alison Thewliss Excerpts

3rd reading
Wednesday 10th January 2024 Commons Chamber

[Alison Thewliss (Glasgow Central) (SNP)]

I oppose this anti-boycott Bill on several points. It is difficult to see its timing as anything other than a cynical move by the UK Government. The Secretary of State talks about support for community cohesion and a peaceful two-state solution, but this Bill does nothing to achieve either. Instead, it will seriously curtail our civil liberties and undermine devolution. If the volume of correspondence I have received on this Bill is any indication, the people of Glasgow, as ever, see right through the Tories.

My hon. Friend the Member for Glasgow South West (Chris Stephens) mentioned the granting of the freedom of the city of Glasgow to Nelson Mandela. In 1986, Glasgow District Council renamed St George’s Place as Nelson Mandela Place as a mark of the city’s solidarity with Nelson Mandela, who was still imprisoned at the time. The point was that the South African consulate was located on the street and was forced to use an address bearing the name of South Africa’s most high-profile political prisoner.

This act of international resistance would simply not have been possible if this legislation had been in place in 1986 as, at that time, the UK Government were still refusing to condemn apartheid. Who would want to speak with one voice when that was what the UK Government were saying on Scotland’s behalf? Indeed, even discussion of such an act would have been unlikely to take place under clause 4’s gagging effect. According to Liberty:

“In practice, a public body seeking to comply with the Bill is likely to take steps to distance itself from anything which suggests that it holds any political or moral views as to the conduct of foreign states, for fear that it could be found to be in breach of the ban or the related prohibition on statements.”

This legislation will undoubtedly alter the executive competence of Scottish Ministers and should be opposed by all of those who value devolution.

The provisions in this Bill are disproportionate and, frankly, unnecessary. The Bill hands sweeping powers to the Secretary of State and the Treasury to request information from the devolved Administrations to assess whether a breach of the boycott ban or gagging clause has occurred and to impose a compliance notice. This is a huge overstep. There are already significant protections in Scottish procurement legislation for bidders from countries where a relevant trade agreement exists. It is not clear what problem the UK Government are trying to fix with this Bill. Worse, the Bill makes it unlawful for Scottish Ministers even to publish a statement that they would have acted in a certain way if not curtailed by these measures. The legislative consent memorandum published by the Deputy First Minister describes this as an “assault on democratic expression”.

As we head into an election year, the Prime Minister is affirming that the legacy he and his predecessors will leave behind will be one of a democracy in tatters, faith in public institutions annihilated and our hard-won rights stripped bare. It is increasingly the case that the only hope left for people in Scotland to protect our democratic freedoms is the hope of an independent Scotland.

[Mr Deputy Speaker (Mr Nigel Evans)]

I call Miriam Cates, to speak until 6.42 pm.