Economic Activity of Public Bodies (Overseas Matters) Bill

Roger Gale Excerpts

Report stage
Wednesday 25th October 2023 Commons Chamber

[Mr Deputy Speaker (Sir Roger Gale)]

With this it will be convenient to discuss the following:

New clause 2—Economic impact assessment for Wales—

“Within three months of the passage of this Act, the Minister for the Cabinet Office must lay before Parliament an assessment of the impact of the Act on the economy in Wales.”

New clause 3—Assessment of the impact of the Act on the provision of food compliant with religious dietary beliefs and on the prevention of discrimination—

“Within six months of the passage of this Act, a Minister of the Crown must lay before Parliament a statement on their assessment of the impact of the Act on—

(a) the procurement of food meeting religious dietary beliefs, and

(b) the prevention of discrimination on grounds of religion or belief.”

Amendment 12, in clause 1, page 1, line 4, at end insert—

“(1A) But subsection (2) does not have effect in relation to a decision which falls within the competency of Senedd Cymru unless Senedd Cymru has passed a resolution granting its consent to the application of that subsection to such decisions.”

This amendment would require the consent of Senedd Cymru for the Bill to apply to decisions within the sphere of Welsh devolved legislative competence.

Amendment 26, page 1, line 5, leave out

“must not have regard to a territorial consideration”

and insert “must not act”.

This amendment, and Amendment 27, would remove the reference to a “territorial consideration” in the legislation.

Amendment 36, page 1, line 6, leave out from “would” to “was” in line 7, and insert “is”.

This amendment is to probe the use of a subjective, rather than an objective, test to establish whether a decision-maker has contravened clause 1.

Amendment 35, page 1, line 6, leave out from “that” to “influenced” in line 7 and insert “is”.

This amendment is to probe the use of a subjective, rather than an objective, test to establish whether a decision-maker has contravened clause 1.

Amendment 27, page 1, line 9, leave out subsection (3).

This amendment, and Amendment 26, would remove the reference to a “territorial consideration” in the legislation.

Amendment 37, page 1, leave out lines 20 to 22.

This amendment is to probe the impact of the legislation on individuals, such as those working within public authorities.

Amendment 34, in clause 2, page 2, line 4, at end insert—

“(1A) But section 1 does not apply to decisions of Scottish Ministers.”

This amendment would remove decisions of Scottish Ministers from the scope of the Bill.

Amendment 14, in clause 3, page 2, line 17, leave out subsections (2) and (3).

This amendment would remove provisions allowing Ministers to amend the Schedule, via regulations, to add a description of decision or consideration, or amend or remove considerations added under previous regulations.

Amendment 18, page 2, line 28, leave out paragraph (b).

This amendment, and Amendments 19 and 20, seek to remove Scotland from the extent of this Bill.

Amendment 13, 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 Statements for the purposes of this section

(4D) Public authorities must have regard to the guidance referenced in subsection (4C) when devising a 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, but would have to be applied consistently, and in accordance with guidance published by the Secretary of State.

Amendment 7, page 3, line 7, leave out subsection (7).

This amendment would remove the prohibition on the Government specifying Israel, the Occupied Palestinian Territories or the Occupied Golan Heights as a country or territory to which the prohibition on boycotts does not apply, meaning they are treated just as all other countries and territories.

Amendment 21, page 3, line 11, leave out paragraphs (b) and (c).

This amendment would remove the existing stipulation that the power to exempt a country or territory from section 1 may not be used in respect of the Occupied Palestinian Territories or the Occupied Golan Heights.

Amendment 2, page 3, line 13, leave out clause 4.

Amendment 3, in clause 4, page 3, line 18, leave out paragraph (b).

This amendment would remove the prohibition on a person publishing a statement indicating that they would have acted in a way prohibited by clause 1 if it were legal to do so.

Amendment 16, page 3, line 24, at end insert—

“(4) This section does not apply to—

(a) a local authority,

(b) an elected mayor of a local authority

(c) a mayor for the area of a combined authority,

(d) the Mayor of London,

(e) the London Assembly

(f) the Scottish Parliament, or

(g) Senedd Cymru.”

This amendment would exempt elected bodies from the prohibition on making public statements indicating that they intend to, or would intend to if it were lawful, act in a way that would contravene section 1.

Amendment 28, page 3, line 24, at end insert—

“(4) Nothing in this section requires any act or omission that conflicts with the rights and freedoms guaranteed under the Human Rights Act 1998.”

This amendment would ensure that any act or omission under the “gagging clause” in clause 4 would not conflict with the Human Rights Act 1998 (HRA), in particular, Article 10 (right to freedom of expression) and Article 9 (freedom of thought, conscience and religion) of the ECHR as incorporated by the HRA.

Amendment 29, in clause 7, page 5, line 8, leave out “, or is about to make”.

This amendment, together with Amendments 30 to 33, would remove the ability of information notices and compliance notices to be given to public bodies prior to an actual contravention of the ban.

Amendment 30, page 5, line 12, leave out “, or is likely to contravene”.

See explanatory statement to Amendment 29.

Amendment 31, page 5, line 15, leave out “, or is about to publish,”.

See explanatory statement to Amendment 29.

Amendment 32, page 5, line 18, leave out “, or is likely to contravene,”.

See explanatory statement to Amendment 29.

Amendment 38, page 5, line 39, leave out from “legislation” to the end of line 41.

This amendment is to probe the way the legislation appears to “qualify” the data protection legislation.

Amendment 33, in clause 8, page 6, line 6, leave out “, or is likely to contravene”.

See explanatory statement to Amendment 29.

Amendment 4, in clause 12, page 8, line 4, at end insert—

“(1A) But section 1 does not apply in relation to a fund investment decision made by such a manager if the decision has been approved by a majority of those voting in a ballot of the members of the fund; and section 4 does not apply to any statement—

(a) made for the purpose of preparing for or explaining the purpose of such a ballot;

(b) concerning a decision which has been approved by such a ballot.”

This amendment would allow a local government pension fund to act in a way prohibited by clause 1 if the decision to do so is approved by a majority of scheme members, and would prevent statements about or following such a ballot being prohibited by clause 4.

Amendment 19, in clause 17, page 10, line 38, leave out “Scotland”.

See explanatory statement for Amendment 18.

Amendment 20, page 11, line 19, leave out “Scotland”.

See explanatory statement for Amendment 18.

Amendment 5, in the schedule, page 12, line 21, at end insert—

“3A Section 1 does not apply to—

(a) a registered higher education provider in England, as defined by section 3(10) of the Higher Education and Research Act 2017;

(b) an institution within the higher education sector in Wales, as defined by section 91 of the Further and Higher Education Act 1992;

(c) an institution within the higher education sector in Scotland, as defined by section 56 of the Further and Higher Education (Scotland) Act 1992;

(d) a higher education institution in Northern Ireland, as defined by article 30 of the Education and Libraries (Northern Ireland) Order 1993.”

This amendment would remove universities and other higher education providers from the requirement to act in accordance with clause 1.

Amendment 6, page 13, line 5, at end insert—

“6A Section 1 does not prevent regard to a consideration so far as it relates to conduct which it is the position of His Majesty’s Government represents a breach of international law.”

This amendment would permit decisions which would otherwise be in breach of clause 1 if they are taken in response to conduct which the Government considers to be a breach of international law.

Amendment 17, page 13, line 5, at end insert—

“6A Section 1 does not prevent regard to a consideration so far as the purpose of the decision is to prevent violations of international law including the deliberate targeting of civilians and civilian infrastructure, the imposition of collective punishment on civilian populations, forced transfer of civilians, and other acts which may constitute war crimes.”

Amendment 22, page 13, line 5, at end insert—

“(2) Section 1 does not prevent regard to a consideration so far as the decision-maker reasonably considers it relevant to whether the decision (or anything done further to it) would give financial, economic, or other reward to a party that has engaged in breaching international law, where that breach of international law is directly related to the decision.”

Amendment 8, page 15, line 22, at end insert “, environmental protection, environmental targets, environmental treaties or environmental law (as defined by the Environment Act 2021).”

This amendment would expand the environmental grounds on which a public body is allowed to make certain economic decisions.

Amendment 9, page 15, line 26, leave out paragraphs (a) and (b) and insert—

“(a) reduces the level of environmental protection, including in a country or territory other than the United Kingdom, or

(b) caused, or had the potential to cause, harm to the natural environment, including the life and health of—

(i) plants, wild animals and other living organisms,

(ii) their habitats, or

(iii) land (except buildings or other structures), air and water,

and the natural systems, cycles and processes through which they interact.”

This amendment extends the definition of environment misconduct to include damage regardless of whether it is legal or illegal, and to include species, habitats and the natural world.

Amendment 10, page 15, line 29, at end insert “and the welfare of animals”

This amendment would add conduct causing, or having the potential to cause, significant harm to the welfare of animals to the types of conduct which constitute environmental misconduct and to which regard may therefore be had without contravening section 1.

Amendment 11, page 15, line 29, at end insert—

“(4) The conduct referenced in sub-paragraph (3) includes conduct which amounts to—

(a) an offence under section 4, 5, 6, 7, 8, 9, 10, 11, 12 or 13 of the Animal Welfare Act 2006, and

(b) an infringement or contravention of any of the requirements or prohibitions in Schedule 1 of the Welfare of Animals at the Time of Killing Regulations 2015.”

This amendment would clarify the meaning of “welfare of animals” for the purpose of Amendment 10.

Amendment 15, page 15, line 29, at end insert—

“11 Section 1 does not prevent regard to a consideration so far as it relates to the use of fossil fuels.”

This amendment would allow for a public body to consider the use of fossil fuels when taking certain economic decisions.

Amendment 23, page 15, line 29, at end insert—

“11 Section 1 does not prevent regard to a consideration so far as the decision-maker reasonably considers it relevant to whether the decision (or anything done further to it) would give financial, economic, or other reward to a party that has engaged in the crime of genocide as determined under international law, where that crime of genocide is directly related to the decision.”

Amendment 24, page 15, line 29, at end insert—

“11 Section 1 does not prevent regard to a consideration so far as the decision-maker reasonably considers it relevant to whether the decision (or anything done further to it) would give financial, economic, or other reward to a party that has engaged in the crime of ethnic cleansing as determined under international law, where that ethnic cleansing is directly related to the decision.”

Amendment 25, page 15, line 29, at end insert—

“11 Section 1 does not prevent regard to a consideration so far as the decision-maker reasonably considers it relevant to whether the decision (or anything done further to it) would give financial, economic, or other reward to a party that has engaged in the crime of apartheid as determined under international law, where that crime of apartheid is directly related to the decision.”

I call Anum Qaisar.

[Chris Stephens]

rose—

[Mr Deputy Speaker]

I beg the hon. Member’s pardon—Chris Stephens.

[Chris Stephens]

Thank you very much, Mr Deputy Speaker. I forgive you for that after your excellent address to the all-party parliamentary group on Cyprus last night; it was an excellent event.

I rise to speak to the amendments in my name and that of my hon. Friend the Member for Airdrie and Shotts (Ms Qaisar). I indicate now that I will be looking to divide the House on amendment 28, to which I will confine most of my remarks. However, many in this House are deeply disappointed at what the Government are doing in proceeding with this Bill. As the hon. Member for Oxford West and Abingdon (Layla Moran) said on Monday,

“now is not the time.”—[Official Report, 23 October 2023; Vol. 738, c. 611.]

Let me say at the outset that we all condemn the killing of innocent civilians. We do condemn Hamas and their acts of terror on 7 October, and Hamas must release all hostages. We must equally recognise that there is a humanitarian crisis in Gaza, and it is legitimate to question the actions of the Israeli Government. It is perfectly legitimate to call for a ceasefire to address that crisis and let humanitarian aid flow in to save the lives of innocent Palestinian people.

There are vastly more people around these islands who are perplexed by the Government’s playing party political games when the middle east is in crisis and the rest of the world fears the start of an even broader conflict. This is not the time to seek electoral advantage through tripping up political opponents during semantic exchanges, exploiting small differences in language to pretend there is a vast gulf between positions, or selling that to the electorate as “one party good, all other parties bad.”

--- Later in debate ---

[Theresa Villiers (Chipping Barnet) (Con)]

I would like to speak against all the amendments and new clauses before us today and in support of the Bill as currently drafted.

We need this Bill. I thank the Government for including it in the Conservative manifesto and taking it forward, and I urge the whole House to back the Bill and reject the amendments. This, of all times, is a time to stand with the Jewish community, following the worst attack on Jewish people since the holocaust.

BDS has been identified in a succession of studies as driving a rise in antisemitism. By singling out the world’s only Jewish state for criticism, above and beyond that directed at any other country in similar circumstances, I believe BDS campaigns fall within the International Holocaust Remembrance Alliance definition of antisemitism. The French supreme court has ruled that BDS is discriminatory, and the German Parliament views the movement as antisemitic.

Since the shocking Hamas terror attacks, we have witnessed deeply disturbing scenes on our TV screens and in our streets. These include sickening so-called celebrations of the horrific murders in southern Israel, and the anti-Jewish racism and hatred visible at successive protests on the streets of our capital city. At a time like this, when Jewish people are in fear for their friends and relatives in Israel, it is appalling to compound their anxiety and distress with hate-filled banners and chants at such protests. I find it deeply depressing that “Jihad! Jihad!” has been shouted with impunity on the streets of our city, and that ISIS flags have been on blatant display.

The dramatic rise in antisemitic incidents is wholly unacceptable, and it shows us that we need campaigns to bring communities together, not drive them apart. There can be no doubt that BDS is absolutely focused on division, not unity. The BDS movement deplores co-existence and peacebuilding initiatives. For example, it has condemned co-operation between Israeli and Palestinian universities. The movement’s founder, Omar Barghouti, has repeatedly expressed his opposition to Israel’s right to exist.

As we go into the voting Lobbies this evening, we are in a situation where the question to be asked of all of us is: “Which side are you on?”. I make it clear that I strongly support the right of Israel to defend its land and its citizens from terrorist attack.

Of course, we all worry about the plight of innocent Gazans put in harm’s way by Hamas, who brutalise them and deliberately use them as human shields. Of course, we need to get supplies to civilians, so long as there is confidence that they cannot be diverted or misused by terrorists. We must always remember that it is Hamas who have endangered the people of Gaza. Hamas are the people who have caused the humanitarian crisis in Gaza.

I am in no doubt that the Israeli Defence Forces are making, and will continue to make, the greatest efforts possible to prevent civilian loss of life. Israel is one of the most democratic countries in the world, and it respects the rule of law. I am certain that its democratic and legal institutions will hold its armed forces rigorously to account. Those on the Labour Benches who line up to casually, and wrongly, accuse Israel of war crimes should check their facts, not rush to judgment.

We need our local authorities to concentrate on delivering services, not on conducting their own trade and foreign policy. We need campaigns that promote peaceful progress towards a two-state solution, not bitterness and exclusion. We need to take all possible action against the antisemitism that we have seen increase so shockingly in recent days. We need this Bill.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the shadow Secretary of State.

[Angela Rayner (Ashton-under-Lyne) (Lab)]

Following the right hon. Member for Chipping Barnet (Theresa Villiers), let me say this:

“When things are so delicate, we all have a responsibility to take additional care in the language we use, and to operate on the basis of facts alone.”—[Official Report, 23 October 2023; Vol. 738, c. 592.]

Those are the words of the Prime Minister in his statement to the House on Monday. He also said that

“this is not a time for hyperbole and simplistic solutions.”

He was absolutely right about the importance of tone in today’s debate, as we discuss the 7 October attack and events in the middle east. What we say and how we behave in this Chamber really matters, because it echoes out across the country. It goes without saying that the disgusting rise in antisemitism and Islamophobia since the attack on 7 October only makes that point more profound.

I fear that the Prime Minister’s powerful statement at the Dispatch Box earlier this week has been undermined by how he and his Ministers have brought this Bill before us today, at the last minute and with the least possible notice. The tension and disagreement surrounding the issues are well known to the Secretary of State yet, in the middle of a humanitarian emergency in the middle east, he has chosen this week of all weeks to force this legislation on to the parliamentary timetable—a Bill that fails the Prime Minister’s own test of avoiding simplistic solutions.

There can be no doubt that Labour is opposed to a policy of adopting boycott, divestment and sanctions against Israel, as it wrongly singles out one individual nation and is counterproductive to the prospect of peace. We know this is a serious issue.