Economic Activity of Public Bodies (Overseas Matters) Bill

Michael Gove Excerpts

2nd reading
Monday 3rd July 2023 Commons Chamber

[The Secretary of State for Levelling Up, Housing and Communities (Michael Gove)]

I beg to move, That the Bill be now read a Second time.

I hope the House will allow me first to pay tribute to Lord Kerslake, who, as the House will know, died over the weekend after a short illness. Bob Kerslake was a true public servant, steeped throughout his professional life in local and central Government, and wholly dedicated throughout his career to improving the lives of citizens. He began his career with Greater London Council and went on to run, with distinction, Sheffield City Council—the fourth largest in England—before making the switch to the corridors of Whitehall. He was the first chief executive of the Homes and Communities Agency, the forerunner to Homes England, a vital arm of Government in making sure that affordable housing is available to all. He was deservedly promoted to become permanent secretary to the Department for Communities and Local Government and, later, head of the home civil service, where he served with great distinction and kindness. Speaking personally as a Minister in the Governments where he served, I was deeply grateful to Bob for his dedication, his generosity of spirit and his wise advice.

After leaving Government, Bob led the inquiry into the 2017 Manchester Arena bombing. More recently, he chaired the UK2070 Commission on regional inequalities. My colleagues and I greatly valued his work on homelessness with the Kerslake commission, and I think we all agree that his energy, knowledge and wisdom will be greatly missed. I know that right hon. and hon. Members across the House will wish to join me in sending our deepest condolences to his family in their grief. [Hon. Members: “Hear, hear.”] I thank you, Mr Speaker, and colleagues across the House.

The Bill does four things: it honours a manifesto promise to which this Government recommitted in the last Queen’s Speech; it affirms the important principle that UK foreign policy is a matter for the UK Government; it ensures that local authorities concentrate on serving their residents, not directing resources inefficiently; and, critically, it provides protection for minority communities, especially the Jewish community, against campaigns that harm community cohesion and fuel antisemitism.

In our 2019 manifesto, this Government committed to

“ban public bodies from imposing their own direct or indirect boycotts, disinvestment or sanctions campaigns against foreign countries.”

The Bill does just that—no more and no less.

[Sir Desmond Swayne (New Forest West) (Con)]

I think it does a fifth thing, which is to introduce a thought crime. Were I to be a leader of a local authority opposed to the provisions of this Bill, once it became an Act, if I continued to say that I disagreed with its provisions and what I might wish to have done with the powers I retained were those provisions not to have been made law, I would be breaking the law. That cannot be right in a free society, can it?

[Michael Gove]

It would not be right if the Bill restricted local authorities from adopting policies that they considered to be in line with Government policy. It is also the case that it would be problematic if we were to restrict freedom of speech in any way, but the Bill does not do that.

[Several hon. Members rose—]

[Michael Gove]

Not at this point—I will in a second.

It is important to stress what the Bill does not do. It does not restrict local authorities adopting policies in line with formal, agreed Government sanctions, embargoes and restrictions. It does not impede local authorities considering legitimate commercial factors related to business with a foreign state, and exercising due diligence in the award of contracts. And it does not prevent a local authority from exercising due diligence when considering whether a supplier or investment target might be involved in environmental misconduct, bribery, competition law infringements or labour misconduct, including human trafficking and modern slavery. In no way does the Bill circumscribe anyone’s right to freedom of speech or conscience.

What the Bill does do is prevent local authorities from singling out individual nations for discriminatory treatment on the basis of an ideological opposition to that nation and its fundamental basis. Action is required here because there is an existing, organised and malign campaign that aims to target and delegitimise the world’s only Jewish state. That campaign seeks to persuade public bodies to make commercial decisions solely on the basis of harming that state and its people.

[Stephen Crabb (Preseli Pembrokeshire) (Con)]

I am grateful to my right hon. Friend for giving way so soon in this debate.

Is not the reason every single Conservative Member stood on a manifesto commitment to bring forward such legislation that we understand that there is something fundamentally illiberal, leftist and with deep, ugly connections to antisemitism at the heart of the boycott, divestment and sanctions movement? That is what we are trying to tackle today.

[Michael Gove]

My right hon. Friend is absolutely right. I shall go on to say more about the nature of the BDS campaign because we are not talking in the abstract; we are talking in concrete terms about a campaign that exists, and has been in operation now for nearly 20 years, based on a premise that seeks to delegitimise the state of Israel. The campaign also leads directly, as I shall point out, to antisemitic incidents and a loss of community cohesion.

[Joanna Cherry (Edinburgh South West) (SNP)]

I just remind the Secretary of State that the Bill goes way beyond the activities of the state of Israel and will apply potentially to other areas of foreign policy, too. Has he considered whether the interaction of clause 1(7) and clause 4 will disproportionately interfere with the freedom of expression, and of conscience and belief, of individuals who are making, or have a stake in, the procurement and investment decisions of public bodies? My view and that of many other lawyers who have looked at the Bill is that it will. Why has he not produced a human rights memorandum analysing the extent to which the Bill interferes with rights under article 10 and article 9, on freedom of belief, of the European convention on human rights, and article 19 of the international covenant on civil and political rights? Will he do so?

[Michael Gove]

Absolutely. Nothing in the Bill conflicts with any aspect of the ECHR, not least article 10.

[Sir Simon Clarke (Middlesbrough South and East Cleveland) (Con)]

I welcome the fact that my right hon. Friend is bringing this legislation to the House today. He rightly mentioned the unsavoury connotations of much of the criticism that the Bill is facing, particularly in connection with the BDS movement. On that point, could he clarify his thoughts on Richard Hermer KC, who has provided advice to the shadow Front-Bench team on this legislation? Mr Hermer has previously authored a chapter in a book called “Corporate complicity in Israel’s occupation: evidence from the London session of the Russell Tribunal on Palestine”, which is edited by some extremely interesting people—I fear that they are interesting in the most negative sense. Is this really the calibre of individual who should be advising the official Opposition?

[Michael Gove]

My right hon. Friend raises an important question because the Opposition have tabled a reasoned amendment. I believe they have done so in good faith. As the hon. and learned Member for Edinburgh South West (Joanna Cherry) pointed out, some lawyers take a different view from the Government. One of those lawyers was commissioned by the Labour party to produce a legal opinion, but the gentleman concerned, a distinguished KC, has a record in this area—a record of political commitments that everyone can see clearly predispose him towards a political and particular view on this question.

[Joanna Cherry]

On that point—

[Michael Gove]

No. I am merely pointing out what is in the public domain. Let us turn to the nature of the BDS campaign.

[Tim Loughton (East Worthing and Shoreham) (Con)]

Will my right hon. Friend give way?

[Michael Gove]

Not at this point. The BDS movement deliberately asks public bodies to treat Israel differently from any other nation on the globe. It asks them to treat the middle east’s only democracy as a pariah state and to end links with those who have a commercial presence there. Let me be clear: there are legitimate reasons to criticise the Israeli Government, to question their policy and, if individuals so wish, to repudiate their leadership, as there are with many other countries.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

Will the right hon. Gentleman give way?

[Michael Gove]

No. Nothing in the Bill prevents or impedes the loudest of criticisms of Israel’s Government and leaders, including by elected politicians at all levels of government.

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

Will my right hon. Friend give way on that point?

[Michael Gove]

No. But the BDS movement asks that, alone among nations, Israel be treated as illegitimate in itself—

[Dr Whitford]

Will the Minister give way on that point?

[Michael Gove]

No. The founder of the BDS movement, Omar Barghouti, has been clear in his opposition to the existence of Israel as a Jewish state. He has attacked what he calls the “racist principles of Zionism”—that is, the fundamental right of the Jewish people to self-determination. The man who founded and is in charge of the BDS movement has argued that Zionist principles

“maintain Israel’s character as a colonial, ethnocentric, apartheid state.”

On that basis, he opposes any idea of a two-state solution—a secure Israel alongside a viable and democratic Palestine. Instead, the BDS movement’s leader wants a

“one-state solution…where, by definition, Jews will be a minority.”

It is entirely open to any individual to agree with that proposition, but it is no part of this Government’s determination or intent to give any heart or succour to a movement that argues that the two-state solution is wrong and that Jews should be a minority in one state.

[Crispin Blunt (Reigate) (Con)]

Can my right hon. Friend help us here? As the effect of Israeli policy since 1967 has been to build out of existence the possibility of a two-state solution by settling 700,000 Jews who have arrived in the state of Israel, with their right to go there under Israeli law, it is now no longer possible for there to be a two-state solution, so what is British policy to be?

[Michael Gove]

British policy is, as my hon. Friend knows, to promote a two-state solution. I know that he has a long, passionate and committed interest in this subject and I respect the compassion and knowledge that he brings to the debate but, respectfully, I disagree with him. I believe that a two-state solution is the right approach, which the BDS movement does not believe.

[Jim Shannon (Strangford) (DUP)]

I very much welcome the legislation that the Secretary of State is introducing, and we as a party will support it when the time comes tonight. There are many examples in Northern Ireland of councils having overstepped the mark by boycotting goods from Israel and penalising and focusing attention on the small Jewish community. Local authorities should be working hard to support diversity and good relations, not ridiculing and condemning our small and minority communities. It is clear to me that the point of the legislation is to make sure that that does not happen, so let us make sure that it goes through tonight.

[Michael Gove]

I agree, as I do almost always, with every word that the hon. Gentleman said.

[Several hon. Members rose—]

[Michael Gove]

I will take interventions in due course, but I want to make a little progress first.

I want to be clear about what the BDS movement is and what it does. The BDS movement is not, in its origins or operation, a campaign that is designed to change Israel’s Government or shift Israel’s policy. It is designed to erase Israel’s identity as a home for the Jewish people. Again, the founders of the BDS campaign have been clear, saying:

“A Jewish state in Palestine in any shape or form cannot but contravene the basic rights of the…Palestinian population and…ought to be opposed categorically”.

Alongside those who lead the BDS movement on the BDS national committee sit members of the Council of National and Islamic Forces in Palestine, a coalition of Hamas, Palestinian Islamic Jihad and the Popular Front for the Liberation of Palestine—all militant organisations that are proscribed by this Government.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

Will the Secretary of State give way?

[Michael Gove]

I will give way in due course, but not at this point.

The effects of the campaign are sadly manifold. The BDS campaign opposes efforts to bring Israelis and Palestinians together to broker peace through a two-state solution, opposes cultural exchanges between Israelis and Palestinians, and fights against co-operation between Israeli and Palestinian universities. BDS has specifically denounced an organisation called OneVoice, which is a joint Palestinian-Israeli youth organisation that campaigns to end the occupation, campaigns against settlements and campaigns for the establishment of a Palestinian state. Because OneVoice does not use the rhetoric of apartheid that BDS deploys, and because it does believe that there should be a Jewish state, it is denounced by the BDS movement.

[Several hon. Members rose—]

[Michael Gove]

I will make more progress and then give way.

Where the BDS campaign has been adopted and endorsed there have, unfortunately, been real community-cohesion problems. We have seen an increase in antisemitic events following on from the activities of the BDS movement, including supermarkets removing kosher products from their shelves following specific protests. The Community Security Trust has recently recorded the highest ever number of antisemitic incidents.

In evidence adduced before the Supreme Court in 2020, the following point was made. The evidence said that

“although anti-Israel and pro-Palestinian campaigning in itself is”,

obviously,

“not anti-Semitic, there is a pattern of anti-Semitic behaviour in connection with campaigns promoting a boycott of Israel. For example, protests outside an Israeli-owned shop in central Manchester in summer 2014 led to some Jewish people using the shop being racially abused by protestors, including shoppers”—

I hope the House will forgive me—

“being called ‘Child killer’, comments such as ‘You Jews are scum and the whole world hates you’, and Nazi salutes being made at Jewish shoppers using the Israeli-owned store. On social media, hashtags such as #BDS, #BoycottIsrael and #FreePalestine are regularly used by people posting anti-Semitic tweets and comments.”

That is why Labour Friends of Israel has rightly stated:

“BDS damages communal relations and fosters antisemitism at home, while doing nothing to further the cause of peace and reconciliation between Israelis and Palestinians. Public bodies should not be singling out the world’s only Jewish state for boycotts.”

Luke Akehurst, a Labour NEC member speaking in a personal capacity, has also argued that we should

“welcome the Government’s proposed bill to end the ability of public sector bodies to carry out boycotts and divestment.”

Mr Akehurst added that he was against BDS more widely

“because it deepens the divisions in the Middle East conflict rather than encouraging dialogue and coexistence between Israelis and Palestinians. BDS demonises and delegitimises Israel”. 

I agree with Labour Friends of Israel, I agree with Luke Akehurst, I agree with the Board of Deputies, and I agree with the Jewish Leadership Council, all of whom back this Bill. I agree with the French and German Governments who have taken action against the BDS movement, and I agree with all 50 Governors of US states—Democrat and Republican—who have denounced the BDS movement. The question for every Member of this House is whether they stand with us against antisemitism or not.

[Alicia Kearns]

I thank my right hon. Friend for giving way. Although I disagree fundamentally with the point that he has just tried to make, my question to him is this: has a single diplomatic post specifically advised that the Bill contravenes our UN Security Council requirements and resolutions?

[Michael Gove]

I am sorry, but I missed the point—forgive me.

[Alicia Kearns]

Has any diplomatic post specifically advised the Government that what is being proposed this evening in the Bill contravenes our UN Security Council resolutions?

[Michael Gove]

I know of no such advice.

[Mr Dhesi]

This ill-drafted Bill has multiple contradictions, as excellent legal advice has highlighted, and it may actually contravene international law. Although the Secretary of State may be happy that he will have these additional powers, the Bill will no doubt be subject to multiple legal challenges, and therefore a lot of taxpayers’ money will once again be wasted by the Government. Does he concede that well beyond BDS and the middle east, the Bill may hamper the UK’s ability to protect and preserve human rights across the world?

[Michael Gove]

No, I absolutely do not. The Bill enhances the UK Government’s ability to protect human rights across the globe. On the point that the hon. Gentleman makes about legal challenge, it is the case that organisations such as the Palestine Solidarity Campaign and others have challenged the Government in this area in the past. They may do so again, but I am confident that the Bill is legally watertight. On the point—

[Joanna Cherry]

Will the Secretary of State give way?

[Michael Gove]

No, I am answering the hon. Gentleman’s question first.

On the point about the legal advice from Mr Hermer KC, as I have said, we believe that that legal advice is flawed and it comes from someone who has a clear political record of partiality on this question.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I thank the Secretary of State for giving way. I hope he will recognise that many of us in this House have stood up to the BDS movement. Therefore, his rather intemperate suggestion that only if we support this legislation are we against antisemitism does not pass muster. Does he recognise that those of us who would like to see local authorities challenged—perhaps through the Equality Act 2010—can find troublesome elements in this Bill? It is almost as if his myopia about the BDS movement has blinded him to the consequences of this and what it could do.

The Secretary of State boasted earlier that there were exemptions around labour rights and environmental laws, but is it not ironic that the Bill does not include an exemption around genocide? Those of us who have communities that are desperately concerned about the Uyghurs, the Rohingyas or what happened in Sri Lanka recognise that this legislation could stop our speaking out for them. Will he work with us—those of us who want to tackle antisemitism and to stand up for human rights—and rethink his proposals?

[Michael Gove]

I have a lot of respect for the hon. Lady and I acknowledge her work to fight antisemitism and stand against the BDS movement—more than acknowledge it, I applaud her for it. I would say three things. First, there is absolutely nothing in the Bill that prevents the UK Government or other public bodies from taking appropriate action against Myanmar, against China over the treatment of the Uyghurs or against Russia and Belarus over their aggression towards Ukraine. I have seen no solid legal advice to suggest that is the case at all.

Secondly, if the hon. Lady or anybody else wants to table amendments in Committee that can improve the Bill, I am completely open to them. I have not yet seen any such amendments, but I know she and others in this House are skilled in drafting legislation, and I look forward to seeing the appropriate amendments. However, as we have seen in the past, attempts to deal with the specific menace that the BDS campaign creates through guidance have not been sufficient. Primary legislation is required. The shape of that legislation I hope we can decide together across the House.

[Dr Whitford]

The Secretary of State mentioned that it is the UK’s long-standing policy to support a two-state solution. It is also the UK’s long-standing policy to differentiate between Israel and the occupied territories. The UK endorsed United Nations resolution 2334. Why is there no differentiation in the Bill between Israel and the occupied territories? Does that not increase the risk of antisemitism?

[Michael Gove]

No; they are separated in the Bill. I am afraid the hon. Lady is wrong.

[Sir Robert Buckland (South Swindon) (Con)]

My right hon. Friend is being very generous in listening to the rather strong opinions on the Bill, but can I press him again to consider alternative ways to deal with the threat of BDS without offering the glass jaw that I see clause 3(7) as presenting to parliamentarians, and to work with me and others to find a better way to do this? I will also say that ad hominem attacks on independent counsel, whoever they are, are not advisable and not wise.

[Michael Gove]

I am grateful to my right hon. and learned Friend. Of course we are completely open to the consideration of any amendments that can give better effect to the shared intentions that we have across the House to deal with this movement. However, Israel is there in the Bill because of the clear nature and the clear and present activities of the BDS campaign. Were there to be an alternative, one would have to make sure that it dealt effectively with that area.

[Sir Brandon Lewis (Great Yarmouth) (Con)]

Like my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland), I thank my right hon. Friend the Secretary of State for the generosity he is showing in giving way. I support what he says about the importance of setting a clear marker on the menace of the BDS movement and its impact across communities. Does he agree that the Bill potentially goes further, in a positive way, by making the point that it is for local government to spend taxpayers’ money on services and other issues for their constituents in the best available way, not using it—or abusing it—on ideological issues, and that, whether in expenditure for the local community or through local government pension scheme investments, it should be aimed at getting the best return for constituents and beneficiaries, not at driving ideological wedges between communities?

[Michael Gove]

I think my right hon. Friend is completely right. Local government has a critical role in delivering public services, including support for the most vulnerable in our communities. It is vital that central Government support it in that endeavour and that local government should not be diverted from its core purpose by other temptations.

[Richard Graham (Gloucester) (Con)]

The Secretary of State said earlier that the Bill fulfils a manifesto commitment, but the manifesto commitment was not country-specific; it was country-agnostic. There was no mention of Israel or BDS in it. Indeed, another manifesto commitment was that we would champion freedom of expression and tolerance. He will recall that a former Secretary of State for Education wrote to all our universities to ensure that they allowed freedom of expression. How is that compatible with clause 4(1)(b), which states that any person who

“would intend to act in such a way”—

of having a boycott on any part of a foreign country—

“were it lawful to do so”,

would be prohibited from doing so and would be penalised by the courts for doing so? How does that represent championing freedom of expression and tolerance?

[Michael Gove]

I should say to my hon. Friend, whose commitment to advancing peace and to freedom of speech I respect, that all the Bill seeks to do is to ensure that boycotts and boycotts in name only cannot be brought forward. It has absolutely no effect—chilling or otherwise—on the exercise of freedom of speech.

[Tim Loughton]

I agree with the Secretary of State that there is a particular problem to do with Israel and BDS, but the Bill is not country-specific. Nor is it specific on whether it applies to investment or disinvestment. Of all the Bills I have ever read, it is particularly woolly in its drafting. Will the Secretary of State respond to a few scenarios? We found out that a number of local authorities in this country are twinned with Chinese towns. If they choose to un-twin with those Chinese towns, will they fall foul of the Bill? They are investing in twinning offices and travel expenses. If they were instead to set up a twinning agreement with a Taiwanese town, for example, or to set up a Hong Kong freedom centre, would they fall foul of the legislation? Indeed, under clause 1(2), on decisions

“influenced by political or moral disapproval of foreign state conduct”,

would flying a Ukrainian flag over a town hall fall foul of the Bill as well?

[Michael Gove]

I cannot see that any of those actions would fall foul of the legislation in any way. It is clearly the case that, in each of the areas that my hon. Friend mentions, particularly with respect to China, the Government are taking appropriate action to demonstrate our consistent disapproval of China’s behaviour, not just in Xinjiang but specifically, as he rightly mentions, in Hong Kong.

[Mr William Wragg (Hazel Grove) (Con)]

Will my right hon. Friend give way on that point?

[Michael Gove]

Not at the moment.

It is important, following on from the point made by my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), to make clear that there is no evidence that anything in the Bill will impede our ability or that of local government to act against modern slavery in Xinjiang or environmental misconduct in Myanmar, or to maintain a united front against Russian aggression. Nor is there anything in the Bill to prevent any individual, including councillors, from articulating in their own right any opinion that they personally hold. It is also important to make clear that nothing in the Bill changes in any way UK Government foreign policy or our position on the middle east peace process. Nothing in it alters our support for an adherence to UN resolutions, and nothing in it explicitly or implicitly supports current Israeli Government policy towards settlements in the west bank.

[Mr Wragg]

By virtue of my right hon. Friend’s capacious mind, he has had the UK’s foreign policy delegated to his Department as well. He said in answer to the Chair of the Foreign Affairs Committee, my hon. Friend the Member for Rutland and Melton (Alicia Kearns)—indeed, he just reiterated the point—that nothing in the Bill will endanger our international obligations. Presumably, with that capacious mind, he has read the write-round from the Foreign Office, which says directly that FCDO lawyers advise that the clause on Israel and the Occupied Palestinian Territories would significantly increase the risk of the UK being in breach of our commitments under UN Security Council resolution 2334. Has he had a word with our right hon. Friend the Foreign Secretary about that?

--- Later in debate ---

[Michael Gove]

Yes. Across Government, every Minister supports the Bill, and quite rightly, because it gives effect to our manifesto commitment and ensures that we live up to the responsibilities that we have to deal with divisive campaigns that operate on the ground in a way that adversely affects minority communities and, most especially, the Jewish community.

[Several hon. Members rose—]

[Michael Gove]

I am coming to the end of my remarks.

I recognise that many people have, in good faith, expressed concerns about aspects of the Bill, but I point out that the provisions are specifically designed to provide a high bar to ensure that local government acts as it should in accordance with the interest of its citizens, to ensure that UK foreign policy is articulated with one voice, and to ensure in particular that a campaign that those on both Front Benches are clear has been responsible for the demonisation of the state of Israel, for the delegitimsation of its right to exist and for discrimination against Jewish people in this country, is, at last, dealt with. For those reasons, I commend the Bill to the House.

[Mr Deputy Speaker (Mr Nigel Evans)]

As I said earlier, the amendment in the name of the Leader of the Opposition has been selected. I call Lisa Nandy to move that amendment.