Economic Activity of Public Bodies (Overseas Matters) Bill

Lord Collins of Highbury Excerpts

2nd reading
Tuesday 20th February 2024 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I will start by making one thing very clear, as my noble friend Lady Chapman did in her opening speech: Labour has consistently opposed the Boycott, Divestment, Sanctions campaign against the State of Israel. We do so because we recognise, as many noble Lords have said in the debate, including the noble Lord, Lord Stevens of Birmingham, that some people have used the cover of BDS to whip up hate towards Jewish people, to seek to hold Israel to different standards from other countries, to question its right to exist, and to equate the actions of the Israeli Government with Jewish people. That is utterly wrong.

Anti-Semitism is a scourge on our society that all political parties—I am sure we can unite across the House on this—should stand together in opposing and eradicating. I agree very strongly with the noble Lord, Lord Johnson, that greater effort should be put into education and into winning people to the arguments we have heard in the debate. This legislation simply is not supporting that fight against anti-Semitism.

We have consistently put forward an alternative solution to address the very real concerns over BDS. We have tabled amendments, most recently to the Procurement Bill as it was progressing. We sought to ensure that the Bill—the Act, as it now is—would prevent councils from singling out Israel. We said that public bodies should be able to take ethical decisions, but that these must be consistent with their investment and procurement policy, within a framework based on principles that applied equally to all countries, rather than singling out individual nations. That was a principle that was rejected, sadly, by the Government when we put it forward in the Procurement Bill.

As my noble friend Lady Chapman said, we hope that, when we move through the stages of this Bill, we can seek a consensus. What I have heard across this debate is that, whether you support BDS or oppose it, the Bill has significant problems—concerns have been raised across the Chamber. As the noble Lord, Lord Shipley, just mentioned, many of those concerns were reported by the Constitution Committee of your Lordships’ House, particularly the draconian restrictions on free speech. Its report states:

“The protection of free speech is a fundamental right”.


Like the noble Lord, Lord Willetts, it is clear in its view that

“clauses 4(1)(a) and 4(1)(b) unduly limit freedom of speech by preventing public bodies from stating that they would or even might make a procurement or investment decision in contravention of clause 1 had it been lawful to do so.

That is unbelievable. It is rather ironic that the noble Lord, Lord Willetts, and I seem to constantly face draft Bills from this Government that have a Clause 4 that we seek to oppose. I never thought that would happen to me, but there we go. As the noble Lord, Lord Shipley, said, the committee made a powerful case that Clause 4 should be removed from the Bill. I am sure that will be an important consideration in Committee.

The Constitution Committee also called for more precise guidance about how Clause 4(1)(b) would be applied in practice. Again, in my experience as a trade union official over many years, and certainly in the Labour movement, I have heard many times the term “speaking in a personal capacity”, and I know what it means. It means, “I don’t want to be held accountable for what I decide. I may be general secretary but, on this occasion, I want to advocate something else”. It is absolutely crazy that there is this sort of ambiguity in proposed legislation. It is dangerous stuff.

The noble Lord, Lord Willetts, asked how the requirements in Clause 4 will be balanced with the duties under Section 1 of the Higher Education (Freedom of Speech) Act. I am not going to repeat those arguments.

Those are the areas that we absolutely need to scrutinise and challenge in Committee. I hope that we have not only significant amendments but probing amendments, because there is so much in this Bill we simply do not understand. Noble Lords have constantly questioned the loose term “public bodies”. What constitutes a public body? Suddenly, the principle in the Higher Education (Freedom of Speech) Act about the unique nature of our universities is now thrown out of the window. How many public bodies are we are talking about? The noble Lord, Lord Wallace, told me it could be tens of thousands. The Minister, in a throwaway remark, talked about schools and nursery schools, and any body that receives its full financing from the Government. It is something we need to scrutinise in detail.

The Constitution Committee expressed serious concern about the Bill’s roughshod approach, as it called it, to devolution, with no explicit consultation with the Scottish and Welsh Governments. The committee recommends—again, I hope the Minister will be able to respond to this point tonight—that the Government make a statement during the passage of the Bill on why consultation did not happen. Will she commit to keeping the House informed of any ensuing consultation, irrespective of whether we require legislative consent? The fundamental issue is what we have done in consulting and engaging with the devolved Governments. Clearly, nothing has happened. I hope the Minister will be able to address that properly today.

Despite what the Minister said in her introduction, this is clearly a threat to actions in support of persecuted people across the world. My noble friend Lord Hendy is right: when Governments inhibit human rights, the first institutions they attack and the things they undermine the most—this is certainly what we see in Russia—are civil society and workers’ rights, by banning trade unions, voices, churches and the sorts of institutions that act as a safeguard against the actions of Governments. Civil society is one of the most important parts of our democracy. It seems to me that this Bill will totally undermine that if a public body says that it does not agree with the repression in Xinjiang or with a state that bans trade unions or any of the things that we have signed up to in UN and ILO conventions. I think this is very dangerous.

The most important element, which noble Lords have spoken about, is the chilling effect of Clause 1 on public bodies, which have a duty under the Procurement Act to make ethical investment decisions and take actions that support the upholding of international law, democracy and human rights. The problem is that the Bill is both incoherent with and waters down the Procurement Act 2023. The Procurement Act sets key objectives for covered procurement, including supporting public benefit and

“acting, and being seen to act, with integrity”.

The Act also gives a mandate to commissioning authorities to award contracts based on

“the most advantageous tender submitted”.

That is a change, moving away from the priority under the previous procurement regime of the most economically advantageous tender. Why was that change made? Perhaps the Minister can explain precisely that. We heard in the debate that it was to ensure that contracting authorities gave more weight to award criteria such as decent work and wider social value. This Bill is clearly going to undermine and attack that. This is inconsistency. We should not put up with this sort of thing from a Government in such a short period of time.

I want to conclude on a very important point that has been raised by many noble Lords: in diplomatic terms, the most damaging part of the Bill is that it treats the Occupied Palestinian Territories as though they were in effect the same as the State of Israel. As we have heard—I will not repeat the arguments—this runs counter to a long-established policy of all Governments of this country and to the decisions of the United Nations when we not only supported but drafted the resolutions. It is incredible that we have done this. For the Government to be legislating to breach the UN resolution that they voted for and drafted is difficult to understand.

It is hard to understand how any Foreign Secretary has allowed such a Bill to proceed in its current form. My noble friend Lord Grocott is absolutely right. I supported the noble Lord, Lord Cameron, in his statements last week on how we give hope to the Palestinian people about a future in which we can guarantee the security of Israel with a secure Palestinian state. That is fundamental. I hope that we will get a better understanding about who is in control here. Foreign policy should be a matter for the Foreign Secretary and not for the Levelling Up Secretary.