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Economic Activity of Public Bodies (Overseas Matters) Bill - Sitting 5

12 September 2023

Proposing MP
Knowsley
Type
Public Bill Committee

At a Glance

Issue Summary

The statement addresses amendments to clause 3 of the Economic Activity of Public Bodies (Overseas Matters) Bill regarding exemptions for Israel, Occupied Palestinian Territories, and Occupied Golan Heights. The statement addresses amendments aimed at removing references to Israel, the Occupied Palestinian Territories, and the occupied Golan Heights from a Bill concerning economic activities of public bodies. George Howarth discusses amendments aimed at addressing genocide and apartheid in relation to international law. Felicity Buchan addresses amendments related to procurement and investment decisions by public authorities based on international law violations. The statement discusses an amendment to Clause 4, which aims to ensure that any act or omission under the 'gagging clause' does not conflict with the Human Rights Act 1998. Anum Qaisar criticizes Clause 4 of the Economic Activity of Public Bodies (Overseas Matters) Bill for being impractical and conflicting with freedom of expression under the Human Rights Act 1998. The statement discusses concerns about clause 4 of the Economic Activity of Public Bodies (Overseas Matters) Bill, arguing it is unworkable and potentially harmful to community cohesion. Alex Norris addresses the debate on whether clause 4 of the Economic Activity of Public Bodies (Overseas Matters) Bill should stand part, arguing that it restricts freedom of expression and is contrary to British values. MP Chris Stephens is addressing concerns about clause 4 of the Economic Activity of Public Bodies (Overseas Matters) Bill, which he argues could infringe on freedom of expression and community cohesion. The statement discusses the necessity of clause 4 of the Economic Activity of Public Bodies (Overseas Matters) Bill, which prohibits public bodies from publishing statements indicating their intent to engage in activities prohibited by the bill. George Howarth is addressing amendments related to the enforcement authorities for local authorities and decisions made by public bodies under the Economic Activity of Public Bodies (Overseas Matters) Bill. The debate focuses on the enforcement authorities for different public bodies under the Economic Activity of Public Bodies (Overseas Matters) Bill, specifically discussing Amendments 8 and 9. The statement lists organisations and individuals who have submitted evidence to the committee regarding the Economic Activity of Public Bodies (Overseas Matters) Bill.

Action Requested

George Howarth supports amendments that remove stipulations preventing exemptions for specified territories under section 1, arguing inconsistencies with Foreign Office policy and international law.

Key Facts

  • Amendment proposed to leave out paragraph (a) in clause 3, page 3, line 10.
  • The amendment removes the existing stipulation regarding Israel's exemption from section 1.
  • Another amendment proposes removing paragraphs (b) and (c), which relate to the Occupied Palestinian Territories and the Occupied Golan Heights.
  • Amendments 5 and 6 would remove references to Israel, the Occupied Palestinian Territories, and the occupied Golan Heights from the Bill.
  • Leicester City Council passed a motion boycotting produce originating from illegal Israeli settlements in the West Bank in 2014.
  • A UN special rapporteur urged local government pensions scheme committee chairs to divest from companies conducting business in Israeli settlements in 2021.
  • Amendment 14 adds genocide as an exemption to section 1.
  • Amendments 19 and 20 relate to preventing financial rewards for parties engaging in the crime of genocide.
  • Amendment 21 addresses the crime of apartheid under international law.
  • Amendment 18 would allow public authorities to avoid procurement from companies involved in breaching international law.
  • Amendments 14, 19, 20 and 21 propose exemptions for considerations relating to genocide, ethnic cleansing, and apartheid.
  • The Procurement Bill includes provisions regarding labour market misconduct, including modern slavery.
  • Amendment proposed: 24, in clause 4, page 3, line 24.
  • Ensures that the 'gagging clause' does not conflict with Article 10 (right to freedom of expression) and Article 9 (freedom of thought, conscience and religion) of the ECHR as incorporated by the Human Rights Act 1998.
  • The SNP will not support Clause 4.
  • Amendment 24 aims to ensure the clause does not conflict with the Human Rights Act 1998, particularly articles 10 (freedom of expression) and 9 (freedom of thought, conscience, and religion).
  • Amnesty International states that the Bill risks breaching article 10 of the ECHR.
  • Universities UK calls for Clause 4 to be scrapped entirely due to its contradiction with academic freedom.
  • Clause 4 of the Bill is referred to as a 'gagging clause'.
  • The clause aims to protect community cohesion but might have an opposite effect by giving license to be abusive and offensive within legal limits.
  • The speaker supports the Minister's overall objectives on the Bill.
  • Clause 4 prohibits public bodies from making statements they would breach another part of the Bill due to moral or political disapproval.
  • The MP argues this clause is part of a broader effort by the Government to restrict freedom of expression.
  • The clause has been described as a 'gagging clause' and a significant sticking point in the legislative process.
  • The Bill could restrict freedom of expression as covered by the European convention on human rights.
  • Clause 4 is referred to as the 'thought police clause' due to its potential to criminalize intent rather than action.
  • Witnesses supporting the bill also had difficulties with how clause 4 could be enacted and enforced.
  • Amendment 24 seeks to ensure clause 4 does not conflict with the Human Rights Act 1998.
  • Clause 4 prohibits public bodies from publishing statements indicating their intent to engage in activity prohibited by the bill.
  • Examples of declarations made by public bodies that are restricted include anti-Israel boycotts declared by Leicester, Swansea, and Gwynedd councils.
  • Amendment 8 changes the enforcement authority for local authorities to the Office for Local Government.
  • Amendment 9 removes the provision allowing the Secretary of State or Minister for the Cabinet Office to amend the enforcement authority provisions.
  • Amendment 8 proposes the Office for Local Government (Oflog) as the enforcement authority in relation to local authorities.
  • Amendment 9 seeks to remove the power given to the Secretary of State or the Minister for the Cabinet Office to change enforcement authorities.
  • The Pensions Regulator is an existing enforcement authority for the local government pension scheme.
  • Trades Union Congress (TUC).
  • Britain-Israel Communications and Research Centre (BICOM).
  • British Palestinian Committee (BPC).
  • Omar Mofeed.
  • Palestinian Forum in Britain.
  • Melanie Phillips.
  • UNISON (supplementary submission).
  • Palestinian BDS National Committee.
  • Yachad (supplementary submission).
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Summary accuracy