Economic Activity of Public Bodies (Overseas Matters) Bill

Lord Collins of Highbury Excerpts

Committee stage
Tuesday 7th May 2024 Lords Chamber

[Lord Oates (LD)]

My Lords, I share the view of the noble Lord, Lord Deben, that these amendments simply highlight the mess that the Government have got themselves into with the Bill as a whole. The Bill imposes some extraordinary obligations on public bodies, which I presume is the reason for paragraph 6 of the Schedule—it is necessary only because of those extraordinary measures.

Most of the amendments in this group do not deal with the fundamental issue that the Bill is incoherent. Amendment 18, in trying to deal with this issue, potentially gives huge powers to Ministers to profoundly shape or change the nature of the Bill by their powers to set out what should be regarded and disregarded in terms of international law obligations. Amendment 28 pretends that the overall issue with the Bill—which is the reason that paragraph 6 of the Schedule exists in the first place—does not exist. Fundamentally, as the noble Lord, Lord Hain, said, this is a very bad Bill. These amendments just underline why.

[Lord Collins of Highbury (Lab)]

My Lords, I say to the noble Baroness, Lady Noakes, that I wish the Bill was specific and addressed the manifesto commitment of the Conservative Party. The Labour Party has made it absolutely clear that we are opposed to boycotts, disinvestment and singling out Israel. The problem with the Bill is that it is wide. It covers all kinds of issues that will place public bodies in a very difficult position. In the debate on this group of amendments, we have senior legal people all saying basically the same thing: this will end up in court. When that fear of ending up in court occurs—when people read a law and say, “This is so complicated that we don’t know what it means; it will end up with us in court”—what happens then? It is the chilling effect. There will be decisions made not in the interest of the public body but on the basis of it not being sure that it is capable of making this decision. That is the important thing.

I support my noble friend’s amendment on extending the exceptions. The Schedule lays out other obligations on public bodies, not least very positive legislation that this Government have implemented on modern slavery, on other international law issues, on labour-related misconduct and so on. They are naturally there because these public bodies have already been told that these obligations are on them. There will be a lot of confusion. I agree with my noble friend’s point about taking into account potential breaches of international law by the UK but not those by other countries in the supply chain. Most of our experience of labour issues is that those supply chains can be incredibly convoluted. You do not know the origin of certain products. We have had debates in this Chamber about the use of cotton grown in Xinjiang by slave labour and being sold in British shops. Companies have decided to find out where that goes.

My noble friend also raised the Rana Plaza disaster of 2013. I remember it well, and I am sure that the Minister does, too, because many of our retail companies were selling products made in factories that were incredibly unsafe and used child labour. That disaster will stay in my mind. The government response at the time was, “There are potential breaches of international law. We will give the ILO extra money to go and investigate Bangladesh so that it commits to its proper responsibilities”. We did that.

The Government in this legislation are saying, “There are all sorts of factors that we can’t take into account—and even if we can, there are exceptions, the Secretary of State has to be involved, and we know it’s going to end up in court.” That is the problem with this legislation. It is not straightforward dealing with BDS. I wish it were. We will come on to that in the other group.

I have been trying to work out at what point I should read out the guidance on the Occupied Territories in Palestine that the Government have issued to companies. I say to the noble Baroness, Lady Noakes, please read it. The noble Baroness is nodding; she has read it. Great. I shall read it into the record, although it may take longer than the 10 minutes I am allowed.

“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. We will not recognise any changes to the pre-1967 borders, including with regard to Jerusalem, other than those agreed by the parties … There are therefore clear risks related to economic and financial activities in the settlements, and we do not encourage or offer support to such activity. Financial transactions, investments, purchases, procurements as well as other economic activities (including in services like tourism) in Israeli settlements or benefiting Israeli settlements, entail legal and economic risks stemming from the fact that the Israeli settlements, according to international law, are built on occupied land and are not recognised as a legitimate part of Israel’s territory. This may result in disputed titles to the land, water, mineral or other natural resources which might be the subject of purchase or investment … 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”.


That is the Government’s advice, recently issued. As the noble Lord, Lord Deben, said, we are saying that there is one policy for the private sector and another for the public sector. That is absolutely crazy. There are so many contradictions in this legislation that it beggars belief. I hope that the Minister will think hard about the complex nature of the Bill, and perhaps give it due consideration. I shall not repeat my comments on the next group, but we have often said, “Let’s sit down together and come to a solution that meets the requirements that were set out in the manifesto”. This legislation does not; that is why it is so wrong.

[The Minister of State, Cabinet Office (Baroness Neville- Rolfe) (Con)]

My Lords, I will address the various amendments tabled in relation to international law. If the Committee is content, I will start by addressing Amendment 31, tabled by the noble Lord, Lord Hendy. It is a wide-ranging amendment, as some have said, which would allow public authorities to choose not to procure a good, service or works if their manufacture, provision or supply may have involved a breach of international law. Where a judgment has been made that a party has breached international law, it is for the Government and not a public authority to determine the appropriate response. This amendment would give public authorities too much discretion to engage in boycotts and divestment campaigns and would undermine the legislation.

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[Baroness Neville-Rolfe (Con)]

I note what the noble Baroness says, but the Bill does not change UK foreign policy. That is for FCDO and the UK Government to decide. This applies only to public authorities and to investment and procurement, which I have continued to emphasise, because I think some of the discussion is needlessly wide-ranging—and, if I may, I will now make progress.

The Government, as I was saying, in relation to the Palestinian Occupied Territories, recognise the risk associated with economic and financial activities in the Israeli settlements, but we do not support boycotts of the Occupied Palestinian Territories. They are inherently divisive and may lead to inadvertent negative effects on Palestinians, as well as undermining the aim of the Bill, which is to ensure that we speak with one voice internationally. None of this changes existing government guidance.

[Lord Collins of Highbury (Lab)]

This is a fundamental point. I have made clear the Labour Party’s position on boycotts. We are talking about investment in factories in illegal settlements in the Occupied Territories. What is the noble Baroness saying to a public body that realises that an investment it had has suddenly transferred from Jordan to a factory in the Occupied Territories? Is she saying that that public body cannot say that the investment is in breach? It causes reputational risk and could fundamentally affect the value of the investment, because it is illegal. What is the noble Baroness saying: that we are going to put it in this Bill, come what may, because that is the foreign policy? It makes no sense to me at all. The Government are talking with two voices. The FCDO is saying one thing and this Minister is saying something completely different.

[Baroness Neville-Rolfe (Con)]

I do not think there is a difference between us and the FCDO. If I may, I will move on to the other amendments, because I am trying, as I always do, to answer the questions noble Lords have asked. There are a number of different amendments in this group, and I think we should look at them in the round. I will turn to Amendments 18, 28 and 29.

I will start with Amendment 28, which is a probing amendment tabled by my noble friend Lady Noakes, which would remove paragraph 6 of the schedule. She said that was a direct approach. I thank her, more generally, for her support for this legislation and for providing this opportunity to explain why this provision was included in the Bill. Paragraph 6 of the schedule makes an exception to the ban for considerations that a decision-maker in a public authority reasonably considers to be relevant to compliance with the UK’s obligations under international law.

Amendments 29 and 18, as the noble Lord, Lord Verdirame, has explained, would remove the existing exception and replace it with a narrower exception that would only allow public authorities to consider international law in a way that is influenced by moral or political disapproval of foreign state conduct, in line with regulations made by the Secretary of State. I would like to thank him, and my noble friend Lady Noakes, and the noble and learned Lord, Lord Etherton, for raising this matter. I acknowledge the noble Lord’s and my noble friend’s valuable expertise in this area— of course, they have the support of the noble Lord, Lord Pannick, who is not in his place, my noble friends Lady Altmann and Lord Wolfson.

There are very limited examples of when this clause might be relevant to public authorities, such as when abiding by sanctions under international law. It is therefore intended as a safeguard. I appreciate the noble Lord’s concern that public authorities could make their own subjective interpretations of foreign policy that are not aligned with the foreign policy of the UK Government. This exception can only be exercised by public authorities in a way that is “reasonable”. It would be up to the enforcement authority, or the courts, to determine whether the exception was exercised reasonably.

However, I appreciate noble Lords’ various concerns on this matter, including the impact on the courts, and the Government will consider these. We will no doubt return to the international law issue on Report. I thank noble Lords for their insightful contributions—

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Moved by

[Lord Collins of Highbury]

19: Clause 3, page 2, line 40, at end insert—
“(4A) Section 1 does not apply to a decision which has been made in accordance with a Statement of Policy Relating to Human Rights.(4B) A “Statement of Policy Relating to Human Rights”—(a) is a public authority’s policy criteria relating to disinvestment in cases concerning contravention of human rights, and(b) must be applied consistently by the public authority to all foreign countries.(4C) Within 60 days of the passing of this Act, the Secretary of State must publish, and lay before Parliament, guidance on the form, content and application of a Statement for the purposes of this section.(4D) Public authorities must have regard to the guidance referenced in subsection (4C) when devising a Statement for the purposes of this section.”Member’s explanatory statement
This amendment would exempt public bodies from the prohibition in section 1 where the decision has been made in accordance with a Statement of Policy Relating to Human Rights. A Statement may not single out individual nations—the policy would have to be applied consistently, and in accordance with guidance published by the Secretary of State.

[Lord Collins of Highbury (Lab)]

My Lords, in moving this amendment and speaking to Amendment 48, I stress that we are very happy to sit down with the noble Baroness and her departmental colleagues to see whether there is a way forward to address the fundamental principle of not outlawing BDS but ensuring that decisions are not simply made to single out one particular nation—and that is of course Israel.

There is a way forward. In our view, it is not wrong for public bodies to take ethical investment decisions—we had a lengthy discussion about this in the earlier group —but those decisions must be consistent. We have heard many legitimate criticisms of foreign Governments and many Ministers have expressed concerns. They may not have clear policy, but they have expressed concerns.

In these amendments, which will hopefully have the support of the Government, we are trying to stop people who seek to target Israel alone, hold it to different standards from other countries, question its right to exist and equate the actions of the Israeli Government to Jewish people, in doing so creating hate and hostility against Jewish people in the United Kingdom. We have seen a lot of evidence of that in recent times and it is completely wrong.

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[Lord Purvis of Tweed (LD)]

I am grateful that Hansard will record the contradictory nature of the noble Lord’s intervention on me, when it comes to the nonsensical nature of the point of seeking to influence groups. Let me turn to why—

[Lord Collins of Highbury (Lab)]

I am hesitant to interrupt an interruption, but I will. One of the issues we have discussed—it is about Clause 4 as well—is what hat somebody is wearing. For example, a leader of a council might go to a political conference and argue a particular policy. He is a decision-maker but is not performing a decision-making function. The people who might hear his speech at that political conference might think, “He is our leader; he will influence us”, so there is an impact on people being able to advocate particular policies. Is that not true?

[Lord Purvis of Tweed (LD)]

I think it is. Other noble Lords may think not. I am looking forward to the Minister’s response to make sure that this is clear.

I wish to move the Committee on to a specific question about British International Investment. That is a body which receives its funding from government—from the taxpayer—but it is charged with making investment decisions in emerging economies. It operates under its ethical investment policy. It has a toolkit and operates under its own set of compliance rules when it comes to how it defines human rights. It takes international obligations under its co-ordination. That policy is not set by Ministers and is not determined by the Government. It makes its own, independent decisions on which countries it invests in.

British International Investment could choose, under its toolkit, not to invest in any of the human rights priority countries. My reading of this Bill is that this will be prohibited. Unless the Government specifically state that BII should not make investment decisions, BII would be in the scope of this Bill. That would be another very retrograde step for the UK with a development institution such as BII leading the charge on international human rights determinations for investments. I would be grateful if the Minister could state that BII is specifically exempt from this Bill.

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[Lord Wolfson of Tredegar (Con)]

My Lords, I will come back to the text of the proposed amendment. I hope it is in order if I use my short intervention essentially to ask the noble Lord, Lord Collins of Highbury, a series of questions. Obviously, he need not reply now, but I just wish to understand how this amendment is meant to work. I will leave the broader points to one side for the moment, although I always want to ensure that the noble Lord, Lord Purvis of Tweed, with whom I often disagree, remains proudly unneutered in everything he wants to say, here and elsewhere.

As I understand Amendment 19 and the proposed clause, it seeks to enable a public authority to publish policy criteria. Those policy criteria, as we see in proposed new subsection (4B), relate to

“disinvestment in cases concerning contravention of human rights”.

The public authority’s criteria have to do two things. First, as the noble Lord said, they “must be applied consistently” to all countries and, secondly, they must be consistent with the guidance published by the Secretary of State, although we are not helped at all as to what that guidance would, might or should be. So let us assume—

[Lord Collins of Highbury (Lab)]

Can I interrupt the noble Lord? I was going to do it at the end, but it might help the Committee. The noble Baroness, Lady Noakes, said that this would create loopholes, and the important point I wanted to make is that there is nothing wrong with public bodies taking ethical investment and procurement decisions. The reason there is nothing wrong in that is that the Government advocate it. As my noble friend Lord Hain said, we have the Government’s current national action plan on the UN Guiding Principles on Business and Human Rights —and by the way, the Minister says in the introduction that the Government firmly believe that

“the promotion of business, and the respect for human rights, go hand in hand”.

So we are being consistent here, in this amendment, with current government policy.

My noble friend read it out; I will quickly repeat that, in current guidance, the recommendation of the Government is to

“continue to ensure that UK Government procurement rules allow for human rights-related matters to be reflected in the procurement of public goods, works and services, taking into account the 2014 EU Public Procurement Directives”—

the noble Baroness, Lady Noakes, mentioned this—

“and Crown Commercial Service guidance on compliance with wider international obligations when letting public contracts”.

So I am not reinventing something; it is there. We have good policy; let us make sure it is reflected in this legislation.

[Lord Wolfson of Tredegar (Con)]

I am extremely grateful to the noble Lord for setting that out so clearly. It brings me to the question I hope he might be able to pick up later, so that I can really understand how this works. We have a public authority, which publishes a set of policy criteria relating to disinvestment in cases concerning contravention of human rights. As he has just set out—and certainly implied by what he just said—it would not be required, for example, to adopt the ECHR in full; it could highlight certain things.

What would happen if a local or public authority decided to say, “We are not going to disinvest or have a policy of disinvesting from countries which do not, for example, allow gay marriage; we will not have a policy of disinvesting from countries that discriminate against women, but we will have a policy, which we will apply consistently throughout the world, of disinvesting from countries that are in control of occupied or disputed territory”? Under the noble Lord’s approach, would that be permitted?

[Lord Wolfson of Tredegar (Con)]

Forgive me, but I think I did mention the guidance right at the beginning of my remarks. Indeed, I made the point that I did not understand that the noble Lord, Lord Collins of Highbury, had identified what that guidance would, should or might contain—so I think we are on the same page.

[Lord Collins of Highbury (Lab)]

Sorry to interrupt, but I thought I did, at the beginning, when I moved the amendment. Sadly, the noble Baroness, Lady Deech, did not refer to my opening remarks when I moved it. I made it absolutely clear that there is a difference between a public body having an ethical investment and procurement policy and an organisation which, as some individuals are trying to do, seeks to target Israel alone, and have standards for Israel that are completely different from those for other countries. I made that absolutely clear.

[Lord Wolfson of Tredegar (Con)]

To be absolutely clear, my question, which I hope the noble Lord will pick up when he responds, is this. My putative public authority has a consistent policy, which it applies consistently to all countries around the world, of not disinvesting merely because a foreign country does not allow gay marriage, or treats women in a discriminatory fashion, but of disinvesting when a foreign country is in control of occupied or disputed territory. Would that be permitted, or not permitted, under the noble Lord’s amendment? I look forward to his answer in due course.

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[Lord Roborough (Con)]

I am grateful to the noble Lord for his intervention. I will need to write to him on the specific case of BII, as I do not have the details to hand.

In answer to one of the questions asked by the noble Lord, Lord Hain, the Bill is fulfilling a manifesto commitment to prevent BDS influencing public authorities in undermining community cohesion, which is why Israel is named in the Bill and why there are currently, as I believe, no exemptions. As I think the noble Lord is aware, we are intending to add exemptions under statutory instrument following the passing of the Bill.

[Lord Collins of Highbury (Lab)]

We are going to address the issue in the next group, so I am reluctant to make this point, but it is not just Israel that is listed in the Bill.

[Lord Roborough (Con)]

I apologise for my error and take the noble Lord’s correction. I have tried to focus my comments on the amendments and the arguments put forward today. I am conscious that there have been a lot of very important points made and a lot of questions asked. I have tried to answer the ones that I can, and I will write to noble Lords where I have not picked them up.

[Lord Collins of Highbury (Lab)]

This has been an incredibly useful discussion and debate, but this is not a probing amendment. It is an attempt to bring two sides of the House together. I made it very clear in my opening remarks that we oppose the BDS campaigns we have seen. I do not accept them. They are very damaging. I think I made the point that they have sought to target Israel alone, hold it to different standards, question its right to exist—which is wrong—and equate the actions of the Israeli Government with Jewish people, in doing so creating the very hate that my noble friend raised.

To be honest, I feel as if I am in a Catch-22 situation. On the one hand, the noble Baroness, Lady Noakes, says that there are loopholes, but this is not a restrictive, confined piece of legislation, dealing with BDS campaigns specifically. It has much wider implications. Everyone keeps talking about public bodies making foreign policy. No one questions the right of the Government to make foreign policy. The Government’s duty is to speak for the whole country on foreign policy —no one doubts that—but the Government have placed a duty on public bodies to have ethical human rights considerations in their investment and procurement policies.

We will come on to it in other groups, and I know we keep raising these things, but the sad thing is that the Bill damages our foreign policy. It will implicate us in undermining the very resolutions that we have tabled and supported at the United Nations. That is why we are so concerned, and that is why this amendment, far from giving public bodies the responsibility to decide on foreign policy, agrees with this Government when they speak about—I will quote again, because I think it is really important—

“belief that the promotion of business, and the respect for human rights, go hand in hand”.

When it comes to the statement that a Secretary of State may produce as guidance, is it that public bodies “will have” or “must have” regard to it? I have had many debates on previous legislation about what that might mean, particularly over codes of practice, as the noble Baroness knows, so I am happy to enter into legal dialogue about what that means. It is not unusual to require public bodies to follow that sort of guidance, and we can come up with words for that.

The noble Lord, Lord Wolfson, asked questions about the Occupied Territories. We have an existing policy on the Occupied Territories, so if a public body says it will not invest in the Occupied Territories, that is in accordance with the guidance issued by this Government. If it says it is going to ban any investment in Israel, that would be in breach of the code or whatever guidance, because we are against singling out Israel.

Somebody mentioned gay rights. I have been a campaigner for global gay rights for many years, and one of the things I have resisted doing is advocating blanket boycotts because I know that, where we have investment and contacts, the leverage, guidance and engagement we can have can make a big difference. We have changed people’s attitudes through that. The problem with blanket boycotts is that they have the complete opposite effect.

[Lord Wolfson of Tredegar (Con)]

I am grateful to the noble Lord for, I think, giving an answer to my question. My understanding, therefore, is that the answer to my question is yes. The public authority could make the distinction that I identified. In other words, under this amendment a public authority could refuse to trade with Israel on human rights grounds but could none the less trade with Saudi Arabia. That would, as I understand it, be the consequence of the argument. Have I understood correctly?

[Lord Collins of Highbury (Lab)]

No, the noble Lord is not right. That is not what I said. We have guidance about specific investment in the Occupied Territories. That is what the Government issue now. Why is that so confusing?

[Lord Leigh of Hurley (Con)]

What, then, is the effect of proposed new subsection 4B(b) if not a blanket ban?

[Lord Collins of Highbury (Lab)]

Do you mean “must have regard to”?

[Lord Leigh of Hurley (Con)]

Proposed new subsection 4B(b).

[Lord Collins of Highbury (Lab)]

We currently have guidance on human rights and investment decisions. On other groups of amendments we will discuss the whole question of environmental, social and governance issues. When a public body is taking into account investment decisions, as a private company would, it takes into account those sorts of policies. We will come on to pension schemes in a later group. The problem we have at the moment is that this debate is on BDS but we are actually talking about ethical investment policies. No one is concerned about those issues when we have general debates about procurement and ethical policy. This comes down to specific targeting campaigns that are not to do with human rights.

I strongly defend the right of Israel to exist. I strongly defend the right of Israel to defend itself. Those two things go together. If a campaign of BDS is saying that Israel occupied territories in 1948—many of these campaigns talk not about 1973 but about 1948—I do not agree with that. Israel exists and has a mandate to exist. We must respect that, and I strongly believe in it. But when we come to human rights and investment policy decisions, the Government are more than capable of giving guidance on that, because they do so at the moment through the UN guiding principles, the Modern Slavery Act and all the other things that we have done. The Procurement Act even has paragraphs in it as well. So it is not impossible to have the sort of guidance that we are advocating in this amendment.

[Lord Leigh of Hurley (Con)]

I simply say that the noble Lord has criticised the wording and language of the Bill quite specifically. If this amendment is to be presented at a later stage, proposed new subsection 4B(b) does not work because it is a blanket ban.

[Lord Collins of Highbury (Lab)]

I am more than happy to discuss the wording of this amendment and this proposal. We are not advocating blanket bans. There must be a reason for a ban. The FCDO issues a list of countries that have human rights issues—some, such as North Korea, have very clear issues—but they are not all countries where you would ban engagement or investment, or say, “That’s the end of the road”. An ethical investment policy needs to look at a range of issues—basically, the ESG issues that we will come on to in later groups. I do not want to go through them now.

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[Baroness Noakes (Con)]

My Lords, the noble Lord, Lord Warner, said that this Bill will increase anti-Semitism. That is one view. I prefer to observe what is actually happening. We only have to look at what is happening in universities at the moment; we will come on to universities in a later group.

If we look at what has been happening with the encampments that have been springing up in the UK following what has been happening in the US, they are vocally calling for boycott and divestment in relation to Israel—and, indeed, quite a lot worse. This is a very live issue. It is causing much harm on campuses for Jewish students, who are clear that there has been a significant increase in anti-Semitism since this has started. This is not theory; it is actually happening.

Israel is always the focal point for BDS campaigns. The BDS movement itself came into being to attack Israel. I am glad that we are aligned with the noble Lord, Lord Collins, on the need to protect Israel from those activities. From my perspective, if the Bill does nothing else, it should try to protect Israel from boycott and divestment activities. That is why we need Clause 3(7): it underlines the importance of Israel and the particular attacks on Israel.

I accept that the Occupied Territories raise much more difficult issues. In line with the international community, the UK recognises the settlements as illegal, but the practicalities are that this will not be settled conclusively until there is a two-state solution. This is something that cannot be imposed; it will have to be agreed, but that is unlikely to happen very soon. Anyone who has been to Israel or has been in touch with people in Israel will know that the attacks by Hamas on 7 October have left a traumatised Israeli people, for whom the possibility of discussing a two-state solution seems almost unthinkable at this point in time. That is not to deny that that is the right solution in the long term but simply to say that it does not appear to be an immediate, practical problem.

The reality on the ground is that, in the meantime, the unsatisfactory nature of the Occupied Territories is likely to continue. Even if we thought that boycotts and divestments in relation to the Occupied Territories would punish Israel, this ignores the simple fact that there is economic activity in those settlements. Anything that harms that will almost certainly harm Palestinians as much as it harms the people of Israel. We only have to look at what happened when SodaStream, an Israeli company, was forced to withdraw from its activities in the occupied West Bank. The people who really lost out were the Palestinians who lost good, well-paid jobs when that facility had to close.

On our last day in Committee, the noble Lord, Lord Collins, pointed me to the FCDO guidance, which I duly went and read; he has read much of it into the record today. The important thing about that guidance is that, although it highlights the risks involved, it does not prohibit anyone in the UK from investing or dealing with those who are active in the Occupied Territories. I believe that this Bill reflects that pragmatic position—that the Occupied Territories are a fact of life—and that, until there is a two-state solution, trying to eliminate it from the Bill does not reflect the practical politics we are facing.

[Lord Collins of Highbury (Lab)]

I did indeed read it into the record. Although it did not prohibit investment, it was saying, “Don’t do it. The risks are great. Be aware of those risks and seek legal opinion on them”. We are now debating a Bill that will say that you cannot make a decision based on the advice that the Government have issued.

[Baroness Noakes (Con)]

The noble Lord is right that the FCDO highlighted the risks and said that businesses involved should seek their own legal advice but it absolutely did not say, “and you mustn’t do it”. It is a fact of life that there will be economic activity in the Occupied Territories and that that may or may not involve businesses from Britain.

The only point I am trying to make is that the Occupied Territories are a fact of life at the moment; there is no easy solution and it is probably not a near-term solution. At the point when it is settled via a two-state solution, they will cease to be Occupied Territories, so that bit of the Bill will cease to have any relevance—but, for the moment, it has relevance. The other point I am trying to make is that anything that deliberately harms that is just as likely to harm Palestinians as it is Israeli citizens.