Economic Activity of Public Bodies (Overseas Matters) Bill

Lloyd Russell-Moyle Excerpts

2nd reading
Monday 3rd July 2023 Commons Chamber

[Alicia Kearns (Rutland and Melton) (Con)]

This evening’s debate should focus on the specifics of the Bill in front of us. The right of Israel to exist and defend itself is not up for debate. The right of Palestine to exist and defend itself is also not up for debate. The UK supports a two-state solution, and I believe that everyone in the Chamber would also be of that mind. I wish to draw the attention of hon. Members to the implications of the current drafting of the Bill. It has implications on our historic commitments and responsibilities and ability to play the role of honest arbiter within the region, and risks undermining our commitments as a United Nations Security Council member.

My concerns about the Bill fall within four areas: first, foreign policy implications; secondly, exceptionalism in legislation; thirdly, protection of freedom of speech; and finally, the legality of what we are being asked to support. Let me begin with the implications of the Bill on foreign policy and international obligations. My first concern, as was raised in earlier interventions, is the conflation of Israel and the Occupied Palestinian Territories. Conflating East Jerusalem, the west bank and the Golan Heights breaks with our position, because the UK recognises the Golan Heights as annexed and the west bank and East Jerusalem as Occupied Palestinian Territories. That is a departure from our foreign policy.

Not only does the Bill break with our foreign policy, but clause 3(7) puts the UK in breach of our commitments under UN Security Council resolution 2334 (2016). That is not just an international commitment; it is one that we drafted back in 2016. It states that in their “relevant dealings”, states must distinguish

“between the territory of the State of Israel and the territories occupied since 1967.”

The Bill does not distinguish between our treatment of Israel and the OPTs.

Why does breaching UNSCR 2334 matter? Because we rely on the rules based system to protect ourselves and to protect our allies. How many of us have talked about the rule of law in this Chamber, when it comes to Ukraine and Russia, Serbia, the Balkans, and so many other parts of this world? The impact of the Bill would be significant. It will undermine our position as a respectable and reliable multilateral partner, committed to upholding UN Security Council resolutions as we should as a permanent member. It risks our losing the support of Arab states on shared issues, and their vote at the UN. We all know that western states are spending a significant amount of time trying to shore up the support of so-called non-aligned countries. I have spent most of the last few days on the phone to Arab ambassadors—the same Arab ambassadors who recognise Israel and want to normalise relations with Israel. Finally, we risk giving China, Iran, Russia, Serbia and others an easy propaganda win, because they will use this against us when we talk about the annexation of territories around the world.

I am concerned that the UN Special Coordinator would have no choice but to explicitly name the UK in their next report on how member states are adhering to compliance with UNSCR 2334. I also worry that it sends the wrong message about the achievement of sovereignty through violence. It means that if Israel breaches international law in the occupied territories, public bodies cannot express their ethical objection to those crimes. I worry that the Bill will leave the international community questioning whether Israeli settlements in the OPTs and the Golan Heights are still regarded as illegal by the UK Government.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

The hon. Lady has given a very good list of people that the Bill could undermine. Does she also recognise that it undermines many people in Israel who oppose the occupation in the occupied territories, and it would make their life harder when making the case in Israel in a democratic sense?

[Alicia Kearns]

I have received significant representations from human rights organisations within Israel, and also from within our Jewish communities in the UK, who feel that this is not only the worst possible timing for the Bill, but that they themselves do not support it.

If we are now to have questioned our position on the OPTs legally, how is the Bill compatible with that, and with the fact that the Conservative Government recognise that settlements built on occupied Palestinian land since 1967 are illegal? We must ensure that all legislation makes a clear distinction between Israel where we support no boycott, and the illegal settlements on occupied land where a boycott would be consistent with our position on UNSCR 2334. Why are we undermining our international position by breaching our position on a two-state solution, and changing the UK’s recognition of certain territories as occupied, when the Bill can achieve the same end simply by removing clause 3(7)? The House will hear that point reiterated throughout the evening by many of my colleagues.

I was also concerned that the Secretary of State appeared not to be aware of the concerns emanating from the Foreign Office and from diplomatic posts. I ask him to clarify that when winding up this evening. I think the wording was that “no such advice had been received”. Has the Foreign Office truly not given any advice that it had concerns that the Bill breached our UN Security Council resolutions?