Economic Activity of Public Bodies (Overseas Matters) Bill

Baroness Warsi Excerpts

2nd reading
Tuesday 20th February 2024 Lords Chamber

[Baroness Warsi (Con)]

My Lords, this Bill could not have come to our House at a more tragic or inappropriate time. We debate it as the death toll in Israel and Palestine has passed 30,000, when more than 100 Israeli hostages remain in captivity, when more than 17,000 children in Gaza have no living parent, when most of Gaza is now uninhabitable and when Israel tragically finds itself before the ICJ defending claims of genocide—and here at home we have seen a rise in anti-Jewish, anti-Arab and anti-Muslim racism.

We debate the Bill at a time when diplomacy has failed, and when the UK and the US find ourselves increasingly frustrated by the leadership both in Israel and in Gaza, neither of which appear to be partners for peace nor part of the solution. That is why more than ever we need civil society in Israel and Palestine and here in the UK to step up and shape the future of both countries. That must include the ability to use other levers of persuasion, to leverage contracts, seats at the table and ESG goals in the private and public sector as a force for achieving good, as defined in international law, UN resolutions and international human rights frameworks.

I welcome the Government’s position on this in recent times. I welcome the last Foreign Secretary’s decision not to engage with extremist Israeli politicians, such as Ben-Gvir and Smotrich, which was an important message of disengagement and boycott. I welcome the Foreign Secretary’s decision to ban extremist settlers from travelling to the UK; it was an important move and a message on sanctions. I also welcome the FCDO’s continued advice, which is an important message on investment and disinvestment:

“The UK has a clear position on Israeli settlements: The West Bank, including East Jerusalem, Gaza and the Golan Heights have been occupied … since 1967. Settlements are illegal under international law … There are … clear risks related to economic and financial activities in the settlements, and we do not encourage or offer support to such activity”.


Such activities

“entail legal and economic risks stemming from the fact that the Israeli settlements, according to international law, are built on occupied land and are not recognised as a legitimate part of Israel’s territory … UK citizens and businesses should be aware of the potential reputational implications of getting involved in economic and financial activities in settlements, as well as possible abuses of the rights of individuals. Those contemplating any economic or financial involvement in settlements should seek appropriate legal advice”.

That is clear on both the legal and the reputational risks.

There have been many opinions in this Second Reading, but I hope the following can be supported by all in this House: Israel has a right to exist; it should do so within the 1967 borders; lands outside those borders, including the West Bank, east Jerusalem, Gaza and the Golan Heights, are Occupied Territories; Palestine has a right to exist; settlements on occupied land are illegal under international law; and we, along with others, should be working towards bringing an end to the occupation and towards the creation of two states, Israel and Palestine, both of them secure, viable as territories and sharing Jerusalem as their capital. Any group, boycott movement or individual which does not support these UK positions is rightly seen as part of the problem. Any movement that tries to leverage public funds to cut across these positions is quite rightly criticised.

Israel should not be held to a higher standard than any other country, but it must also not enjoy impunity in ways that others do not. It should be subject to the same rules and standards to which we hold the rest of the world—no higher or lower. However, this Bill does not say that. It says that the rules simply do not apply to Israel. The Bill does not help bring about peace in Israel and Palestine or support UK foreign policy in achieving its clearly stated goals, nor does it add to collaborative civil society or interfaith work in the UK, and it certainly does not enhance community cohesion. It does exactly the opposite. That is why it makes no sense when tested against historic British principles and values as we understand them, as well as Conservative values.

Sadly, this Bill is a mirror of laws introduced in other parts of the world, mainly in the United States at state level—the culmination of decades of campaigning and a concerted effort by successive Israeli Governments. This is not unusual. Many states, through pressure, lobbying, withholding trade, et cetera, try to persuade us to create a climate in our countries where criticism of them is curtailed at best and silenced at worst. I experienced this at first hand with a number of states during my time at the Foreign Office. We stood firm against it then and we should do so now.

This is an ideological Bill by—dare I say it—an ideological Secretary of State. A clumsy offering to an ideological section of Israeli political opinion, it is part of a well-documented and well-publicised wider international movement started by the extreme right wing, with groups such as the Israel Allies Foundation and others leading the charge, presenting legislators around the world with template Bills to introduce domestic legislation. Some of it is at the behest of Israeli embassies in countries, as was said in evidence in the US at the Georgia Governmental Affairs Committee. Adopted by numerous states across the United States, it is now being spread across Europe. As Prime Minister Netanyahu bragged on Twitter in February 2020:

“Whoever boycotts us will be boycotted … In recent years, we have promoted laws in most US states, which determine that strong action is to be taken against whoever tries to boycott Israel”.


We must resist this. The current Israeli Government’s agenda of silencing criticism of them, including clamping down on Israeli citizens in Israel and Jewish diaspora groups elsewhere and jamming the levers of accountability, is dangerous. It is played out in the US, where, at its worst, it means that American citizens cannot take up some employment and service contracts without signing a “no boycott of Israel” clause first.

This Bill cuts across UK foreign and domestic policy, the Conservative Party’s commitment to localism and our commitment to freedom of speech. It will have a chilling effect on freedom of expression, including legislation introduced in the university sector. It cuts across British Jewish opinion, being opposed by Jewish youth organisations such as the Union of Jewish Students and Jewish human rights groups, writers and activists. It rides roughshod over years of ESG progress, ignores internal FCDO lawyers’ advice, breaches our commitment to UN Security Council resolutions, flies in the face of our business and human rights commitments, introduced by a Conservative Government led by the then Prime Minister, the noble Lord, Lord Cameron, and launched by the then Foreign Secretary, my noble friend Lord Hague, and it opens up an array of questions about financial decision-making, including on pensions investments and liability for any losses made.

I finish by quoting Jonathan Freedland, who has written that

“this is a bad bill—bad for Britain and bad especially for British Jews, including those who adamantly oppose BDS and its campaign to ostracise Israel … this is a bad bill, an attempt by the Conservatives to pose as the Jews’ best friends after the angst of the Corbyn years. If it is meant as some kind of gift, we should not accept it. It’s not just wrong in principle—it spells big trouble”.

I sincerely hope that this is not what we are doing. It would be deeply disturbing if we were politically playing fast and loose on such an important and sensitive issue.

[Lord Evans of Rainow (Con)]

I remind noble Lords of the seven-minute time limit.