Economic Activity of Public Bodies (Overseas Matters) Bill

Debate between Sam Tarry and Alex Norris

2nd reading
Monday 3rd July 2023 Commons Chamber

[Alex Norris]

Yes, I think that what has been striking is that colleagues who come at this from very different places and parties have reached that conclusion of the inadequacy of this legislation. I hope the Government will reflect on that. The hon. Member for Brigg and Goole (Andrew Percy) asked what our alternative was. The hon. Member for Gloucester (Richard Graham) made a powerful contribution, but I slightly challenge his suggestion that we were saying that we should rip this up in an unspecified way. That is not the point we are making. We are saying that we tabled an amendment to the Procurement Bill that we think is better. If the Government think it is technically inadequate, we would be happy to work with them to improve it. What we do know is that it is much better than what is before us today.

My hon. Friends the Members for Middlesbrough (Andy McDonald) and for Cynon Valley (Beth Winter) made important points about what this Bill does to the devolved regional and national settlements—it challenges and presses them greatly. The right hon. Member for Preseli Pembrokeshire (Stephen Crabb) and the hon. Members for Harrow East (Bob Blackman) and for Strangford (Jim Shannon) made powerful anti-BDS cases. I hope the position that my hon. Friend the Member for Wigan (Lisa Nandy) and I have taken on that assuages some concerns. My hon. Friend the Member for Strangford is my friend and we should always be honest with our friends, so let me say that he has done peerless work in this place on tackling the persecution of Christians abroad and he should have real concerns about how this legislation would fetter such activities in the future.

I will cover some more of the contributions as I get through the rest of my points, but certain concerns must be addressed by the Minister in her closing remarks. First, which of the two possible readings of clause 1 do the Government intend? Does the “territorial consideration” provision mean that not wishing to procure from Xinjiang is unacceptable but that not wishing to procure from the entire nation of China would be acceptable? Or does it mean that all actions of all foreign Governments are beyond the scope of local decision makers? How, at this stage, can it be satisfactory that there is ambiguity? As we have heard, this is legislation that will head straight to the courts. Secondly, to accept clause 3 is to exalt the Secretary of State ahead of any other public representative, as my right hon. Friend the Member for Hayes and Harlington (John McDonnell) said. It is to set aside the mandates of the Mayor of the West Midlands, the Mayor of Greater Manchester or of the leaders of councils in favour of the Secretary of State. It is to give that person, whoever they may be, sole arbitration of human rights abuses, of genocide. That should give all of us pause, but it is worsened by clause 4, the gagging clause, which my hon. Friends the Members for Sunderland Central (Julie Elliott), for Liverpool, Riverside (Kim Johnson), for Leeds East (Richard Burgon)—

[Sam Tarry (Ilford South) (Lab)]

We heard a powerful and compelling contribution from my neighbour, my right hon. Friend the Member for Barking, about pernicious political thinking behind this Bill. Does my hon. Friend agree that that has happened multiple times? We are talking about a smackdown on democracy. We had the so-called “gagging Bill”, which was about gagging charities and became the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014; in 2016, we had the wrapping up of trade unions in even more red tape; and, recently, we have had more attacks on trade unions and the right to protest. Are the Government not crushing dissent on the part of any organisation or body that wants to challenge them?

[Alex Norris]

I am grateful for that intervention. My hon. Friend almost reads to the end of my paragraph, so I will address that point presently. The point on gagging clauses was also made by my hon. Friends the Members for Leeds East and for Bradford East (Imran Hussain), and the hon. Members for Reigate (Crispin Blunt) and for Ruislip, Northwood and Pinner (David Simmonds). The Bill means that not only does the judgment of the Secretary of State supersede any and all local leaders, but the Government seek to ensure that those leaders are not even allowed to talk about their desire to challenge human rights abuses or not to consume settlement goods. The Government are taking away not only the right to act, but the ability to speak. As my hon. Friend the Member for Ilford South (Sam Tarry) says, that is consistent with a legislative programme designed to whittle away at the civic space, with the Trade Union Act 2016, the 2014 Act, the Public Order Act 2023 and more. What we have in front of us is an unacceptable fetter on free expression.

Separately, but no less importantly, the Bill will, as the right hon. Member for North West Hampshire (Kit Malthouse) said, have consequences for billions of pounds in local government pension funds. Any hard deadline that is imposed on them to change their operations in accordance with new law could be deeply destabilising, and the Minister ought to talk about how much she has looked into that impact. We know that at the moment a pension fund makes a divestment decision on a financial ground that relates to territories named in the Bill, that decision will be challenged in the court as a moral judgment. That will bind up our pension funds in court case after court case.

Let me turn to an issue that has had little airing in the debate so far and will have a lot more to run. Through clause 7, the Bill permits extraordinary powers to compel information—powers that demolish long-held legal privileges. It is not proportionate to hand to the Secretary of State even stronger powers to compel information from public bodies than the security services have. Surely the Government see the unsustainability of that position. As detailed by Labour and other colleagues, these are weighty concerns that make the Bill unacceptable in its current form.

But there is an alternative, as covered in our reasoned amendment. Our country has a proud history in the development of modern international humanitarian law, from the ashes of world war two to the creation of the United Nations and the role that we continue to play on the world stage. We have always defended the fundamental and inalienable rights of all human beings. It is vital that procurement decisions made in respect of such rights are then applied across the board to prevent unethical actions against specific states and to ensure that common actions have the greatest impact. That could be readily achieved by requiring public bodies to produce a document that sets out their policy on procurement and human rights, and for that to be developed in accordance with guidance published by the Secretary of State. That would ensure consistency in how contracting authorities decide on such matters.

What would that suggestion mean in practice? The practical effect would be to make it clear and unambiguous that if a public body does not wish to procure goods from Russia because of President Putin’s abhorrent human rights abuses in Ukraine, the law will be on its side. If that same body does not wish to procure services from Xinjiang because of the appalling treatment of Uyghur Muslims, the law will be on its side. But if a public body acts only against a particular state—let us say the world’s only Jewish state—while turning a blind eye to human rights abuses elsewhere, such actions would be illegal. We offer this workable solution to the Government and I hope the Minister picks it up. If colleagues do not hear that in the Minister’s response, I encourage them to vote in favour of the reasoned amendment tabled in my name and the names of my right hon. and hon. Friends.