Economic Activity of Public Bodies (Overseas Matters) Bill

Simon Clarke Excerpts

2nd reading
Monday 3rd July 2023 Commons Chamber

[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.

--- Later in debate ---

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

I thank the Government for bringing forward this important Bill. In my former role as Chief Secretary to the Treasury, I took the Public Service Pensions and Judicial Offices Act 2022 through the House, and that marked the first legislative step against BDS. It was a landmark moment, legally enforcing the principle that BDS has no place in the investment decisions of local authorities. I strongly welcome our fulfilling our manifesto commitment to extend that principle.

Put simply, local authorities have no business running a foreign policy parallel to that of His Majesty’s Government. That remit is absolutely within our gift, not theirs. Their role is to deliver local services for the communities they represent, to innovate and to deliver best value. I say that as someone who is a convinced believer in devolution. I believe that we should empower mayors to lead areas of the country in a way that will unlock their economic potential, but I do not want them opining on the rights and wrongs of the behaviour of different countries. It is emphatically unhelpful for local authorities to hinder our country’s export trade, damage our foreign relations and act in a way that is to the detriment of our international or economic security.

Much of the specific concern in this debate is about Israel, and that is because it is always about Israel. This is the point that we cannot elide and that sits at the heart of the reason why Israel needs to be mentioned on the face of the Bill. There are Members arguing against Israel being named specifically in this Bill for whom I have great respect and whom I count as personal friends. But we cannot be oblivious to why Israel needs this protection. The overwhelming focus of the BDS movement is, of course, on this one small state. The BDS movement is not arguing against the horrors perpetrated in Russia, China, Iran or any number of other countries—we could list for hours those countries that perpetrate grotesque wrongs against their people—and I do not see local authorities acting against those countries, either. I see them acting consistently against our ally Israel. There can be no doubt, as my hon. Friend the Member for Brigg and Goole (Andrew Percy) said, that the motivation of some in the BDS movement is dark, sinister and unashamedly linked to the antisemitism that we have seen in our society over recent years, perhaps particularly and most shamefully in our universities. It is disgusting and it is hard not to see aspects of it in the attempt to enforce some of these boycotts and divestments. They simply have no place in modern Britain. It is right that we should act against this and remind local government of its proper responsibilities, which are large and growing under this Government. I certainly believe that that should be its focus.

I come to this debate without any significant minority community in my constituency. I simply see a wrong that we should right, an offence that we should not give, and money, energy and time that our local authorities should be spending to better effect on their significant responsibilities. Foreign affairs should be left to this place, not to town halls.