Economic Activity of Public Bodies (Overseas Matters) Bill

Flick Drummond Excerpts

2nd reading
Monday 3rd July 2023 Commons Chamber

[Mrs Flick Drummond (Meon Valley) (Con)]

I also have grave reservations about this Bill. I want to be clear that it is not exclusively about Israel and Palestine; it is about the mandate and responsibility of elected figures in the UK. It is also about contradictions in policy.

On the one hand, we have legislated to protect freedom of speech in universities, but this Bill will prevent universities from discussing the impact of foreign Governments’ behaviour on their activities. The Bill is wide in scope but confused in its relationship to the Government’s aims as a whole. For instance, clause 1 is worded so that territories recognised as illegally occupied by international law are still within scope, wherever in the world they are. It seeks to prevent public bodies, such as local councils, from

“being influenced by political or moral disapproval of foreign states when taking certain economic decisions”.

In fact, those public bodies may well simply be having regard to international law or the previously expressed opinions of His Majesty’s Government.

Clause 4 addresses how a person intends to act. This means that elected officials with serious responsibilities cannot even have a public discussion about how they ae affected by the behaviour of overseas states. A prohibition on publishing means it is impossible to have a discussion at a hustings, in the media or in response to questions about human rights.

As we have heard, the Bill is likely to end up in court, either in the way that Prigozhin tried to muzzle journalists in the UK or, conversely, by someone asserting that their article 10 rights under the ECHR have been breached. The Bill curbs free speech and the free exercise of responsibility for elected bodies whose mandate we should respect.

The Bill’s wording implies that, among office holders, only Ministers can express an opinion on the countries that should be exempted under clause 3. This means that people in other tiers of government with responsibilities within the scope of clause 2 cannot. No matter how bad a country’s human rights record or respect for international law, discussion or action will be prevented.

That brings me on to Israel, the Occupied Palestinian Territories and the occupied Golan Heights. Why have they been singled out in clause 3(7)? Like my right hon. Friend the Member for North West Hampshire (Kit Malthouse) and the right hon. Member for Barking (Dame Margaret Hodge), I do not believe this is helpful.

Jonathan Freedland wrote in The Jewish Chronicle of his concern that the Bill will make antisemitism worse, because banning the consideration of the economic consequences of things that are happening in the occupied territories, and issuing financial penalties where consideration is given, will just cause resentment. As he says, the best way to bring about change is to engage and debate.

I disagree with some BDS advocates, such as the Palestine Solidarity Campaign. Israel has every right to exist, and its people have a right to live in peace. However, where Israel breaches international law, others must be permitted to point this out and hold it to account. This Bill would prevent that.

The Bill mentions the OPTs and the Golan Heights. Does this mean that boycotting the settlements will be against the law? These settlements are illegal under international law, and the UK Government’s own website states that there are

“clear risks related to economic…activities in the settlements, and we do not encourage or offer support to such activity… 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.”

Israel benefits economically from its illegal occupation, and we should be permitted to comment and consider it in our policies.

The Foreign Secretary’s joint statement with Australia and Canada on 1 July shows the concern about the rapidly increasing number of new settlements on the west bank. How can public bodies show their concern, and why can they not show that concern by not buying goods from settlements or by choosing to buy Palestinian goods instead? Surely this is why we are a free country.

Disagreeing with the policies of the Israeli Government has nothing to do with antisemitism. After all, many Israelis disagree with their own Government. This Bill will not promote community cohesion but do the opposite, opening more divisions. Like others, I fear it may be detrimental to the British Jewish community. I hope this Bill will be substantially changed in Committee and beyond, because I do not understand why we need it.