Economic Activity of Public Bodies (Overseas Matters) Bill

David Simmonds Excerpts

2nd reading
Monday 3rd July 2023 Commons Chamber

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

I declare my interests as a vice-president of the Local Government Association and the co-chair of the all-party parliamentary group on British Jews. I am privileged to represent a very diverse constituency with a large and established Jewish population, and indeed many people from every possible religious background. It is great to see that, on the whole, those different communities get on extremely well, but this legislation is necessary for the reasons that many Members have outlined.

As the hon. Member for Wigan (Lisa Nandy) said, the long-standing BDS campaign creates a situation where the state of Israel, and Jewish people here in the UK and elsewhere, are singled out for criticism and discrimination. However, like my neighbour and hon. Friend, the Member for Harrow East (Bob Blackman), I will be voting for the legislation, having noted a number of areas in which improvement is required, which I hope we will be able to address in Committee. I will take each in turn. First, I urge Front-Bench colleagues to give serious consideration to entirely dropping clause 4(1)(b), which has raised a number of concerns among Members. In the context of local government, especially in respect of pensions committees, a significant population of councillors are decision makers for the purposes of the legislation and, as an increasing number of local authorities—especially small ones—move to the committee system, the constituency of members who would be considered decision makers for the purposes of the legislation gets larger and larger.

The hon. Member for Caerphilly (Wayne David) will probably remember the late councillor Ray Davies: everywhere you turned, you would find him protesting against something or chaining himself to railings about something else. We can imagine a situation in which a back-bench member of a local authority called to attend a pensions investment committee as a substitute member expresses the view that their preference would be to not make a particular decision because of concerns about the behaviour of a particular Government, and finds themselves in breach of the law as a result. That would seem to have a chilling effect on freedom of speech. We should ensure that those who disagree with a policy are able to express that view while still making a decision that is within the law, as outlined in clause 4(1)(a).

The second piece of important context goes to the point that was raised by the right hon. Member for Barking (Dame Margaret Hodge): we should give our local government colleagues a degree of respect for their common sense in this matter. At the Local Government Association, it was my privilege to do some work on exactly this issue, working with the Local Government Friends of Israel—a very good organisation. Through that process, we identified that, at the time, at most two or three councils had passed BDS motions. We should accord respect to our local government colleagues by removing clause 4(1)(b), recognising that, on the whole, they have been wise and sensible in exercising their powers.

The next issue is the way in which these powers are exercised in respect of contractors and subcontractors. On, for example, an investment committee or a procurement committee charged with making decisions to place contracts, elected members may not necessarily be aware of the decisions and policies of the bodies with which they are contracting. It is not unusual for a local government pension committee to have 15 to 20 investments at any one given time. Given that those private companies may themselves be under similar pressure to exercise BDS views, what is not always going to be transparent to those elected members is how those things are taking effect in practice. We need to ensure that, in bringing in what is intended to be about decision makers in public bodies, we are not losing our desired intention to ensure that BDS is not present in the public sector by ensuring that those bodies that are contracting or subcontracting are also within sight.

Again on my concern in respect of how these decisions will affect elected members in local authorities, the legislation envisages that it will apply where matters are in line with, or outside of, the policy of the Government. Paragraph 9 of the explanatory notes sets out the example of where a specific legislative provision was introduced in respect of sanctions against Russia following the invasion of Ukraine. It is my view that when this legislation passes we need to be completely clear what we mean when we talk about the policy of the Government. Do we mean as expressed in legislation? Do we mean as expressed by the Minister at the Dispatch Box? What is it that we mean when we talk about the policy of the Government? Is it a policy of different Government Departments? We need to make sure, given that it would be a breach of the law to express opposition to it, that the position from which the policy of the Government is drawn is absolutely clear.