Economic Activity of Public Bodies (Overseas Matters) Bill

Chris Stephens Excerpts

3rd reading
Wednesday 10th January 2024 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

It is a real pleasure to follow the right hon. Member for North West Hampshire (Kit Malthouse). I hope that other Members listened to his contribution and what he had to say, because I share his concerns about using domestic legislation in this Bill to deviate from Foreign Office policy. That is the clear concern that many of us have.

In an exchange with the hon. Member for Caerphilly (Wayne David) when we explored this matter in Committee, we talked about what the actual foreign policy is. The Bill, as it is currently constructed, clearly conflates Israel, the Occupied Palestinian Territories and the Golan Heights, yet the UK Government’s guidance on overseas business risk states:

“The UK has a clear position on Israeli settlements: The West Bank, including East Jerusalem, Gaza and the Golan Heights have been occupied by Israel since 1967. Settlements are illegal under international law, constitute an obstacle to peace and threaten a two-state solution to the Israeli-Palestinian conflict.”

The concern we have is that the Bill is less than subtle as a change, if not to direct policy then certainly in emphasis. Equating Israel and the occupied territories is unique in any legislation, let alone in a statement, and it questions the UK’s long-established, cross-party support for a two-state solution based on 1967 borders.

As a party, we believe that the Bill is also an assault on Westminster’s devolution settlements, not just for the Scottish Parliament but for the Welsh Senedd. The legislation undermines devolution and restricts the ability of public bodies to make their own moral judgment on matters of human rights and climate consciousness.

I heard the Secretary of State argue that public bodies should not deviate from foreign policy. As we have discovered in this debate and in all the debates we have had, in 1981, City of Glasgow District Council—a Labour-led local authority—gave Nelson Mandela the freedom of the city of Glasgow. It also encouraged the boycotting of South African goods and services, but Foreign Office policy at the time was not to support sanctions on the apartheid South African regime, so the question again is: could Glasgow District Council in 1981 have awarded Nelson Mandela the freedom of the city of Glasgow, and would it have been allowed to encourage the boycott of South African goods and services, under this Bill? If the Bill had been in place then, the answer to that question would be no.

[Tommy Sheppard (Edinburgh East) (SNP)]

My hon. Friend is doing a great job of putting on record the SNP’s opposition to this foul piece of legislation. Does he think it is particularly distasteful and grotesque that the Bill is coming at this time and that the UK Government’s only legislative response to what is happening in the middle east is to try to bring forward proposals to stifle criticism of Israel, when it is clear and there is so much evidence that Israel stands facing charges of breaching international law and breaching the Geneva convention? Surely most right-minded people in this country who believe in decency and fairness will think that this is the wrong thing at the wrong time.

[Chris Stephens]

I thank my hon. Friend for that intervention. I think many Members have a concern about whether it is appropriate to proceed with the Bill at this moment in time. Other Members may wish to state that when they get the opportunity to speak.

The Bill extends to devolved Governments and local authorities in the devolved nations; because procurement and investment by public bodies are not reserved matters, it would appear to breach the Sewel convention if the devolved legislatures do not agree. I note that the Scottish Parliament has not provided legislative consent to the Bill.

We are also concerned that public bodies will not be able to make decisions about environmental protections. For example, Friends of the Earth has said that the Bill will

“prevent public bodies from divesting from fossil fuel, as well as diverting their money away from inadvertently funding human rights abuses abroad, such as modern slavery in corporate supply chains.”

Labour rights would also not be allowed to be considered. Poor workers’ rights are not restricted to any one region of the world—we see them from China to Colombia, from Bangladesh to Angola, from Cambodia to Qatar and from Mexico to Romania—and, according to the World Economic Forum, the abuse of workers’ rights around the world reached a record high in 2022. I believe that when public bodies make funding arrangements for procurement or anything else, they should be allowed to consider labour rights. Our concern is that the Bill does not allow that to happen.

I want to make it clear—as I have at every stage of the Bill—that the Scottish National party is concerned that antisemitism is on the rise around the world. We must not look away, and we must call it out whenever we see it. Antisemitism is a truly global and iniquitous poison. The Bill does not address the very epidemic of rising antisemitism that the Government claim they want to tackle. We are also concerned that the Government have ignored the evidence and concerns that many organisations have put forward about the Bill. The Balfour Project, the trade union Unison—of which I am proud to be a member—the Union of Jewish Students and Jews for Justice for Palestinians have all provided good evidence on their concerns about the Bill, but I am afraid they have not been taken on board by the Government when we have considered these matters.

The Government have rejected sensible amendments. Some of us have real concerns about clause 3 and very real concerns about clause 4. I never thought I would ever say it, and I am having to say again that I seek the removal of clause 4. The Government rejected amendments to protect devolution and other public bodies, and amendments to ensure compatibility with human rights. The changing of foreign policy, the impinging on the rights of devolved institutions and other public bodies, the ignoring of the evidence and the rejecting of sensible amendments are the key reasons why the Bill does not deserve a Third Reading.

[Several hon. Members rose—]