Key Facts

• Amendment 22 would remove reference to a 'territorial consideration' in the legislation.
• Amendments aim to clarify subjective versus objective tests for contravention of clause 1.
• Amendments seek to probe impacts on individuals within public authorities.
• Amendment 3 seeks to clarify ambiguous wording regarding territorial considerations in clause 1.
• The amendment aims to address doubts raised about the scope and application of current clauses.
• Norris believes the legislation will face legal challenges due to its broad nature.
• The Bill aims to prevent public bodies from making decisions influenced by political or moral disapproval of foreign state conduct based on 'territorial consideration'.
• Amendments proposed could widen the scope beyond 'territorial considerations' and remove a reasonable observer test.
• Foreign territory includes both countries and territories outside the UK.
• Amendment 15 seeks to remove paragraph (b) from clause 3.
• Amendments 16 and 17 aim to remove references to Scotland throughout the Bill.
• Amendment 1 proposes adding conditions for decisions made by Scottish Ministers, Welsh Ministers, and Northern Ireland departments being subject to the Act.
• The Procurement Reform (Scotland) Act 2014 gives duties to certain contracting authorities.
• Clause 4 of the Economic Activity of Public Bodies (Overseas Matters) Bill would prohibit Scottish Ministers from stating they would act differently due to moral or political objections towards foreign states.
• The Scottish Government has lodged a legislative consent memorandum within the Scottish Parliament.
• The Bill applies to the whole United Kingdom but requires legislative consent motions for Wales, Scotland, and Northern Ireland.
• There are concerns that the Bill may interfere with devolved procurement powers.
• The Public Service Pensions Act (Northern Ireland) 2014 devolves public sector pensions largely to the Northern Ireland Assembly.
• The amendments would remove references in clause 17 extending the Bill to Scotland.
• Clause 3 reference to Scotland would also be removed by the amendments.
• Scottish Ministers can currently only be exempted from the ban via a change to primary legislation, but the amendment allows for secondary legislation exemptions.
• Foreign policy is a reserved matter and the UK government exclusively sets it for the whole of the United Kingdom.
• The amendment suggests making legislative consent a legal requirement for devolved Administrations.
• The Lords Constitution Committee reported that involving courts in adjudicating Sewel principles is unnecessary.
• The measure applies to Northern Ireland as a foreign policy reserved matter, but an LCM is sought.
• Amendment 4 aims to remove provisions allowing Ministers to amend the Schedule via regulations.
• Clause 3 includes exceptions for ethical procurement decisions, such as environmental and labour rights concerns.
• The Bill allows the Secretary of State to add or remove countries from the list of places public bodies may boycott.
• The amendment seeks to exempt public bodies from prohibitions if decisions are made in accordance with a Statement of Policy Relating to Human Rights.
• Public authorities must apply the policy criteria relating to disinvestment in cases concerning contravention of human rights consistently.
• Within 60 days of the Act passing, the Secretary of State must publish guidance on the form, content and application of Statements.
• Amendment 2 aims to ensure consistent decisions by public bodies regarding human rights abuses.
• The amendment would prohibit contemptible actions of targeting only one state for human rights violations.
• MP Alex Norris acknowledges the amendment might be technically deficient but is willing to collaborate with the Government.
• Amendment 2 aims to exempt certain decisions from a ban based on human rights policies produced by public authorities.
• The Procurement Bill already contains exclusion grounds for suppliers involved in modern slavery and human trafficking.
• The amendment could lead to inconsistent foreign policies across public institutions, causing community friction.
• The amendment removes existing stipulations preventing public authorities from considering Israel, the Occupied Palestinian Territories, or the Golan Heights.
• Primary legislation is required to make exceptions for these areas instead of using statutory instruments.
• The UK Government previously stated that settlements in the West Bank, including East Jerusalem and Gaza, are illegal under international law.
• The UK is a founding signatory of the charter of the United Nations and is obliged to comply with Security Council resolutions.
• Security Council resolution 2334 expresses concern about Israeli settlements in the Occupied Palestinian Territories (OPT).
• Clause 3(7) of the bill fails to differentiate between Israel and the OPT, giving special protection to goods and services from both.
• Clause 3(7) is considered contentious and potentially ineffective.
• There are concerns about unintended consequences and weakening future legislation.
• The Bill aims to address the BDS position in relation to Israel.
• Palestinian voices were not called for oral evidence, raising questions about the UK's commitment to a just two-state solution.