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Economic Activity of Public Bodies (Overseas Matters) Bill - Sitting 6

14 September 2023

Proposing MP
Chris Stephens SNP
Glasgow South West
Type
Public Bill Committee

At a Glance

Issue Summary

Chris Stephens is moving amendments to remove the ability of enforcement authorities to issue information notices and compliance notices before a contravention of the ban. The amendment seeks to remove provisions in clause 7 that allow enforcement authorities to compel public bodies to disclose information without breaching obligations of confidence or other restrictions on disclosure. MP Anum Qaisar is raising concerns about clause 7 of the Economic Activity of Public Bodies (Overseas Matters) Bill, specifically regarding its interaction with data protection legislation and potential infringement on civil liberties. The statement discusses the timing and process for setting monetary penalties and regulations related to enforcement under the Economic Activity of Public Bodies (Overseas Matters) Bill. Chris Stephens is moving a new clause that requires an impact assessment of the Economic Activity of Public Bodies (Overseas Matters) Bill on UK's trade and diplomatic relations with specific countries. Chris Stephens is addressing the lack of Palestine support group evidence in the Committee's sessions and suggesting a way forward to address public concerns.

Action Requested

Stephens requests support for his amendments and tests the will of the Committee on this matter, but the amendments are negatived with votes of Ayes 2 and Noes 9.

Key Facts

  • Amendment 25 aims to remove enforcement authorities' power to issue notices before a contravention.
  • The amendments cover clauses 7 and 8, lines ranging from page 5 line 8 to page 6 line 6.
  • Felicity Buchan reassures that the regime does not mean active monitoring by enforcement authorities.
  • Amendment 10 targets clause 7(8).
  • Clause 7 gives enforcement authorities the power to issue information notices.
  • Subsection (8) provides assurance that compliance with a notice does not breach obligations of confidence or other restrictions on disclosure.
  • Amendment 33 seeks clarity on how clause 7 interacts with existing data protection legislation.
  • Clause 7 allows enforcement authorities to compel individuals to provide personal information about others involved in a decision.
  • The drafting of clause 7(8) is criticized for potentially overriding legal professional privilege and statutory restrictions.
  • Amendment 11 proposes setting maximum fines within 60 days of Royal Assent.
  • The Government wants to implement the legislation but needs time for proper consultation with enforcement authorities.
  • Amendments 12 and 13 aim to clarify when details of the enforcement regime will be set out.
  • New clause requires impact assessment of UK trade and diplomatic relations with 26 countries identified by FCDO as human rights priority countries.
  • Assessment must be conducted within six months of the Act's passage.
  • Report on the outcome of the impact assessment must be laid before Parliament.
  • Felicity Buchan argues that the Bill does not alter Foreign Office policy and existing commitments cover scrutiny needs.
  • Chris Stephens received 2,700 emails regarding the lack of Palestine support group evidence.
  • All Committee members have received similar emails.
  • The issue may be raised through usual channels to develop a template response.
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