Economic Activity of Public Bodies (Overseas Matters) Bill

Lord Palmer of Childs Hill Excerpts

2nd reading
Tuesday 20th February 2024 Lords Chamber

[Lord Palmer of Childs Hill (LD)]

My Lords, I declare my interests in the Jewish community, as required in the register. It is sad to have to start by deploring the name of the Bill. “Economic Activity of Public Bodies (Overseas Matters)” does not trip easily off the tongue. It is in fact known as the “anti-BDS Bill”. But does it actually help in combating Boycott, Divestment, Sanctions—a campaign I deplore as, in practice, it targets one nation: Israel?

We have this poorly drafted and politically motivated Bill purely so that Mr Gove can show that he supports the UK Jewish community, beleaguered as it is—and it is—by anti-Semitism. He can try to dress it up with talk of other nations being discussed at local levels, but if one googles “BDS” one sees that the

“movement works to end international support for Israel’s oppression of Palestinians and pressure Israel to comply with international law”.

I stress that these are its words, not mine. The Bill implicitly recognises who it is meant to defend, as it specifically singles out as the only nation an exemption of powers cannot be applied to as

“Israel … the Occupied Palestinian Territories, or … the Occupied Golan Heights”.

I am against BDS, which is often perceived as being—and I believe often is—anti-Semitic, and often a part of Jew hatred. Others perceive BDS as simply supporting the rights of Palestinians. We are a democracy and if an individual, or groups of individuals, want to support BDS, that is their right. The Bill seeks to stop public bodies—and we have had much discussion of what is and is not a public body—imposing their approach to, or view on, international relations.

I am concerned that the Bill, as drafted, could have a negative effect. Would there be a strong backlash to the Bill as being a freedom of speech issue? It is a freedom of speech issue. Is there a fear that it could lead to a rise in anti-Semitism as being seen, incorrectly, as a result of Jewish pressure, when it is not?

The Bill gives government the power to exempt certain countries from boycott restrictions, but it specifically does not allow the exemption of Israel, the West Bank and the Golan. Why are these the only named territories? It is not as simplistic as suggested. I was on the Golan Heights the week after they were taken from Syria to stop Syria shelling the Israeli valley below. Yes, Israel has annexed the Golan, and if you stand on that spot you can see why. There is no way it could ever be returned to Assad’s Syria. As far as the West Bank is concerned, its final status and division between Israel and the Palestinians is a matter for them to agree on.

When the Minister replies, it would be helpful if she could clarify the scope of BDS. Does it include Israel? Does it include the major Jewish settlements in the West Bank and the Golan? These settlements are generally thought of as a land swap—settlements that would be in a reconstituted, rebounded Israel. Does it include them, or all the settlements of the West Bank?

We have this Bill because some public bodies have proposed BDS motions. The Minister mentioned three when she spoke; could she tell the House how many public bodies, local authorities or whatever have actually done so? The reality is that these motions will do little to affect Israel or any other nation. However, they create a very hostile environment for local Jewish communities and create community division.

There is an argument that this Bill limits free speech, but the BDS campaign itself calls for limits on freedom of speech, preventing speeches by Israeli academics and Israeli performers, as the noble Lord, Lord Mann, mentioned. That is not mentioned anywhere in the Bill, as he said.

This is a bad Bill, which attempts to right a misjustice but could well have unseen, harmful consequences. The Local Government Association, which obviously has an interest in this, says that it does not expect the Bill to have significant effects on local authority investment or procurement practices, but it has significant concerns about the effects it will have on the operation of local government pension schemes.

I imagine that the Bill will get to Committee and beyond. We are only at Second Reading. I believe that we will see amendments. It will be very interesting to see what the amendments will be and, if they are passed by your Lordships’ House, what the reaction will be in the other place. My own judgment will depend on the final version in your Lordships’ House, as I am in favour of free speech but against the BDS movement.