Economic Activity of Public Bodies (Overseas Matters) Bill

Andy McDonald Excerpts

2nd reading
Monday 3rd July 2023 Commons Chamber

[Andy McDonald (Middlesbrough) (Lab)]

It is genuinely an honour to speak in this debate. There have been some incredible contributions, and I pay tribute to my hon. Friend the Member for Wigan (Lisa Nandy) for the way in which she recalibrated the tone of the debate. It got off to an appalling start, so I congratulate her on her tone and the way in which she has engaged in discussion of this vexed issue.

This is a difficult Bill. It is one of the most freedom-damaging, human rights-destroying pieces of legislation that I have ever seen. It is badly drafted and ill thought-through. I take issue with the hon. Member for Harrow East (Bob Blackman). The concept of trying to correct an appalling Bill that cannot be corrected is not one that I share. That said, the Labour party has tabled a reasoned amendment, which rightly declines to give the Bill a Second Reading, and sets out a compelling case as to why it should be given short shrift. I speak in favour and support of the powerful arguments contained in the amendment.

The Bill will, as we have heard, prevent public bodies from making decisions to procure goods or services, or invest or divest according to their own ethical framework. Local authorities have long played an important role in the protection and promotion of human rights overseas, for example, in opposing the apartheid regime in South Africa, as Members have mentioned. The Bill will make the Westminster Government the ultimate arbiter of what is acceptable. As the reasoned amendment sets out, the Bill is a clear and obvious fetter on the principle of devolution and on freedom of speech. By hamstringing the due diligence that public bodies carry out, it will entirely disregard the European convention on human rights.

The Bill will be a disaster for the environment and the drive to net zero, by withdrawing the freedom of public bodies to boycott countries that pollute our environment. As for Palestine, which has been the subject of a lot of attention in this debate, the legal opinion of Richard Hermer KC, commissioned by Labour Front Benchers, states that

“legislation prohibiting local authorities from taking steps to promote Palestinian self-determination within the OPT, taken with the terms of the exclusion in Clause 3(7), would likely place the United Kingdom in breach of international law obligations.”

Labour’s amendment points to the way in which that clause conflates the Occupied Palestinian Territories and the Golan heights with the state of Israel, undermining the UK’s long-standing cross-party position, and running contrary to UN Security Council resolutions, specifically resolution 2334.

By singling out the territories under Israel’s control in this legislation, the UK will give licence to the continuation of the terrible events that unfolded in Jenin today, without an appropriate, legitimate and peaceful response. No other people should be put in the position of the Palestinians. At this very moment, we are seeing the images from Jenin, where a massive number of Israeli occupation forces are committing what the Palestinian president has called a “war crime” as they storm the city and refugee camp. They have killed at least nine Palestinians, including three children, and injured countless innocent civilians. Over 180 Palestinians have been killed by Israeli forces since the beginning of 2023—about one a day. At least 34 of those have been children. The destruction of schools, homes and lives is being carried out with total impunity.

How many times have we heard warm and ineffective words from Ministers at the Dispatch Box? One wonders how such an attitude and policy would have played out in respect of South Africa. The Tory Government of the day deemed the South African apartheid regime legal, and Nelson Mandela a terrorist. If that policy had succeeded, he would have been left to rot in jail. What has happened to any sense of a moral compass in our country? Have we forgotten the lessons of the anti-apartheid struggle in South Africa?

The Bill would make it an offence for someone from a public body to say that, if not for the legislative ban contained in the Bill, they would have chosen to pursue some form of sanction. That has been rightly called a “Minority Report” provision and I know it worries many Members across this House. The Bill is wholly incoherent, given how we have rightly imposed sanctions on Russia following its illegal invasion and occupation of Ukrainian territory. The Bill is simply wrong—an offence against human decency and international law. I will be exercising one of my human rights, the freedom of expression and of conscience, by voting consistently against it at every stage. It is unworthy of this House and I have no doubt that history will judge it so. I urge Members to support the reasoned amendment, but to reject the Bill in its entirety.