Economic Activity of Public Bodies (Overseas Matters) Bill

Baroness Janke Excerpts

Tuesday 7th May 2024 Lords Chamber

I must stress that the horror and anger must not be directed at the wrong targets but we are seeing people expressing their humanity and their care for others, particularly the most vulnerable. To suppress that is indefensible in general, but to pick on an area where there is so much suffering at this moment makes Clause 3(7) particularly indefensible.

[Baroness Janke (LD)]

My Lords, I should like to add a few points. As the noble Baroness, Lady Bennett, says, many of them have been made by others but the confusion in this Bill that is causing us a great deal of difficulty is of understanding its benefits. We have heard that the Bill singles out protection for Israel in perpetuity and conflates Israel, the Occupied Palestinian Territories and the Golan Heights, despite the fact that these are recognised as distinct by UK foreign policy. Primary legislation would be needed if Israel were to be removed from being protected by UK legislation. Also, the Occupied Territories are illegally occupied, as we have already said. How can it be justified and embedded in UK law that such protection in perpetuity for illegal settlements should be given by our own country?

There is more confusion, as the noble Lord, Lord Collins, said, about Foreign Office guidance. What the advice said, in response to the noble Baroness, Lady Noakes, was:

“There are … clear risks related to economic and financial activities in the settlements, and we do not encourage or offer support to such activity. Financial transactions, investments, purchases, procurements”


and other activities

“in Israeli settlements or benefiting Israeli settlements, entail legal and economic risks”.

Presumably, trustees and advisers of pension funds considering such advice may need to take action and not procure or invest in these areas; they would be contravening the provisions of the Bill.

We also know that the ICJ has warned that Israel may be committing genocide and is currently investigating a case brought by South Africa to that effect. Should that be found to be the case, public bodies would be prevented from taking any action against Israel or settlers in illegally occupied territories unless primary legislation were to be enacted. Again, how can this possibly be justified?

The Government’s explanation of the need for such extreme measures is that sanctions and boycotts of Israel cause anti-Semitism in communities. While we have seen no evidence of this, several Jewish organisations believe that the Bill will impede the UK’s ability to combat anti-Semitism. Many organisations are opposing the Bill and saying that the reverse will be the case. The Union of Jewish Students, for example, unanimously decided to oppose the Bill, as have 40 Israeli NGOs, and has called on our Parliament to reject it. Finally, Diaspora Alliance said:

“The rhetoric promoting this bill erroneously conflates efforts to hold Israel accountable with hostility against Jewish people. This kind of rhetoric gives the impression that the most effective solution to combatting antisemitism lies in the protection of the interests of a foreign power, rather than in the policies that protect Jewish citizens of the UK from prejudice, harassment and discrimination—like all other British citizens”.