New Clause 1 - Impact assessment: trade and diplomatic relations

Economic Activity of Public Bodies (Overseas Matters) Bill – in a Public Bill Committee at 11:45 am on 14 September 2023.

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“(1) Within six months of the passage of this Act, the Secretary of State or the Minister for the Cabinet Office must conduct an impact assessment of this Act's impact on the United Kingdom's trade and diplomatic relations with the following countries—

(a) Afghanistan;

(b) Bangladesh;

(c) Belarus;

(d) Central African Republic;

(e) China;

(f) Colombia;

(g) Democratic People's Republic of Korea;

(h) Democratic Republic of the Congo;

(i) Egypt;

(j) Eritrea;

(k) Ethiopia;

(l) Haiti;

(m) Iran;

(n) Iraq;

(o) Libya;

(p) Mali;

(q) Myanmar (Burma);

(r) Nicaragua;

(s) Occupied Palestinian Territories;

(t) Pakistan;

(u) Russia;

(v) Saudi Arabia;

(w) Somalia;

(x) South Sudan;

(y) Sri Lanka;

(z) Sudan;

(aa) Syria;

(ab) Turkmenistan;

(ac) Uzbekistan;

(ad) Venezuela;

(ae) Yemen;

(af) Zimbabwe.

(2) The Secretary of State or the Minister for the Cabinet Office must produce a report on the outcome of the impact assessment.

(3) The report mentioned in subsection (2) must be laid before Parliament as soon as reasonably practicable after the impact assessment has been conducted.”—

This new clause would require the Government to undertake an assessment of the impact of the Act on the UK's trade and diplomatic relations with the countries identified by the FCDO as human rights priority countries.

Brought up, and read the First time.

Photo of Chris Stephens Chris Stephens Shadow SNP Spokesperson (Justice), Shadow SNP Spokesperson (Immigration)

I beg to move, That the clause be read a Second time.

One definition of a human being is that they learn from their mistakes. To do so, they must review their actions against a set of criteria, often through an impact assessment, so as to identify any error, misjudgment or unintended consequence that they may have created. That sometimes leads to a revision or reversal of prior actions. I am sure that we all agree with that statement, given that we are all human beings, are we not? The principle applies to presumptions as well as actions. I am sure the Government hope this legislation will impact only on the countries and territories explicitly named in the Bill, but that may be presumptuous. New clause 1 provides a list of countries whose behaviour might change as a consequence of the Bill being enacted. It might change them for the better, but we ought to be aware that some will see it as a green light to expand their breaches of human rights, confident in the knowledge that the UK has turned a blind eye to their behaviour, all in the interest of expanding trade. We believe that the impact assessment and the timescales proposed are realistic and essential to the reputation of the UK. I ask the Committee to send a clear message to those countries by supporting the new clause.

Photo of Felicity Buchan Felicity Buchan Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)

I urge hon. Members to reject the new clause. It would give the Secretary of State or Minister for the Cabinet Office a new duty to conduct an assessment, six months after passage of the Act, of its impact on the UK’s trade and diplomatic relations with the countries identified by the Foreign, Commonwealth and Development Office as human rights priority countries.

The UK Government’s trade positions and diplomatic efforts will not be affected by the Bill. Its intent is to ensure that the UK speaks with one voice internationally; it is not to hamper diplomatic relations by publishing arbitrary impact assessments for the countries listed in the new clause. The Bill makes clear where the power to conduct foreign policy is, and allows other public bodies to focus on their core duties. It does not change any aspect of the UK’s foreign policy.

That is not to say that the Government will not carry out impact assessments on international matters when needed. Indeed, we are already committed to producing independently scrutinised impact assessments, such as those for new free trade agreements. Moreover, as with any Act that the House passes, once the Bill is an Act it can be subjected to post-legislative scrutiny by a parliamentary Select Committee to assess how it has worked in practice since coming into force. The additional impact assessment proposed by the hon. Member for Glasgow South West is unnecessary. For those reasons, I ask him to withdraw the new clause.

Photo of Chris Stephens Chris Stephens Shadow SNP Spokesperson (Justice), Shadow SNP Spokesperson (Immigration)

I have listened carefully to the Minister. If I understood her correctly, she said that the Bill does not change Foreign Office policy. Many Opposition Members believe that some provisions in the Bill actually do change Foreign Office policy, and we explored that in an earlier exchange. Many of us believe that we are using a domestic Bill to change Foreign Office policy, and if we are doing that, I insist that the Committee divide on the new clause.

Photo of Bob Blackman Bob Blackman Conservative, Harrow East

Will the hon. Member explain the basis on which he selected his large number of countries and excluded others?

Photo of Chris Stephens Chris Stephens Shadow SNP Spokesperson (Justice), Shadow SNP Spokesperson (Immigration)

As a member of this Committee, the hon. Gentleman could have tabled an amendment to the new clause or even his own amendment. Those countries were selected because of concerns with the human rights abuses that are taking place. Perhaps that will satisfy the hon. Gentleman enough for him to support the new clause.

Question put, That the clause be read a Second time.

Division number 22 Economic Activity of Public Bodies (Overseas Matters) Bill — New Clause 1 - Impact assessment: trade and diplomatic relations

Aye: 2 MPs

No: 9 MPs

Aye: A-Z by last name

No: A-Z by last name

The Committee divided: Ayes 2, Noes 9.

Question accordingly negatived.

Question proposed, That the Chair do report the Bill to the House.

Photo of Felicity Buchan Felicity Buchan Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)

May I take this opportunity to thank the entire Committee? We have worked effectively and expeditiously. I also thank the two Chairs and the Clerks.

Photo of Alex Norris Alex Norris Shadow Minister (Levelling Up, Housing, Communities and Local Government), Shadow Minister (Home Office) (Policing)

Similarly, I want to put on record our thanks to you, Dame Caroline, and Sir George, to the top-class Clerks for all their help, to the civil servants for their work and to my colleagues. I draw special attention to my hon. Friend Lisa Nandy, who was shadow Secretary of State on Second Reading, for her efforts and support while we have been getting our work together, and to the Minister for her collegiate work, both inside and outside this room. I also thank her colleagues.

Photo of Chris Stephens Chris Stephens Shadow SNP Spokesperson (Justice), Shadow SNP Spokesperson (Immigration)

May I first thank you, Dame Caroline, and Sir George for chairing these sittings? I also commend all Members. There has been much debate around the Bill, and many of us have regarded it as essential that we debate it in a tone that is appropriate but also robust. I think we have done that in this Committee. I would like to thank all hon. Members for the tone they have adopted and also for their good humour. That has been essential for the Bill, which has been fairly controversial.

We will obviously reflect on the changes we want to see in the stages to come. I do think there is going to be a challenge on the Government’s side, because a number of their Members are very critical of the Bill. The fact that no amendments have been agreed will be a test for them. I again thank you, Dame Caroline, and Sir George, as well as the Clerks, for all the help we have had.

Lastly, it was unfortunate that there was no evidence from a Palestine support group in our evidence sessions. I do not believe there was a conspiracy on that. I think it was perhaps more cock-up than conspiracy, but I hope it is something we will all learn from. We should have all views heard, and we might all want to take that point away and reflect on it.

Photo of Bob Blackman Bob Blackman Conservative, Harrow East

On that point, the Committee received correspondence today from the Palestine Solidarity Campaign. Conservative Members’ inboxes have certainly been filled with over 2,500 emails from people who are sending a template email that is factually inaccurate. It would be helpful to know from the Clerks or you, Dame Caroline, whether there will be a response to the correspondence we have had or whether we as individuals will have to respond and point out the facts. Personally, I have three or four emails from constituents, but the emails have come in from literally all over the country to everyone else. Frankly, it is a complete waste of their time and effort.

The point the Palestine Solidarity Campaign has made is reasonable given the information that has been supplied to it, but we need to correct the record on how the witnesses were chosen and on the offer that was made in terms of correspondence and evidence so that we could carefully consider all sides. As the hon. Member for Glasgow South West has referred to, we have to go through Report, Third Reading and the other place. It would be grossly unfair, given all the work the Committee has done, were it suggested that we were one-sided and did not hear the other side of the argument.

Photo of Caroline Dinenage Caroline Dinenage Chair, Culture, Media and Sport Committee, Chair, Culture, Media and Sport Committee, Chair, Culture, Media and Sport Sub-committee on Online Harms and Disinformation, Chair, Culture, Media and Sport Sub-committee on Online Harms and Disinformation

Unfortunately, there is no formal route for the Committee as a whole to make a statement, but Members had the opportunity to discuss the issue last Thursday, and in making his comments now, the hon. Gentleman has put his very well-reasoned thoughts on the record. I would suggest that Members do have to respond individually to correspondence they get, but the hon. Gentleman can now refer to his comments, which are on the record and there for everyone to see.

Photo of Lia Nici Lia Nici Conservative, Great Grimsby

I rise briefly to support my hon. Friend the Member for Harrow East. We should make it clear to members of the public who are listening or reading Hansard afterwards that individual Members of Parliament have had no influence on who comes to give evidence and who does not. The aggressive nature of what we and our staff have experienced this week really is not acceptable. We are here trying to do the best job we can, and we have had no influence on who does and does not come here to give evidence. I just wanted to put that on the record.

Photo of Chris Stephens Chris Stephens Shadow SNP Spokesperson (Justice), Shadow SNP Spokesperson (Immigration)

I would not usually try to intervene again, Dame Caroline, especially when I am trying to get to another debate, but I thank Government Members for raising this issue. I have had 2,700 emails, so I think that everyone on the Committee has got the emails. I suggest that this matter is raised through the usual channels. I think there was a cock-up rather than a conspiracy; the email address of one of the organisations was certainly on our suggested list. I think it would help all of us if there was a template response agreed via the usual channels. I put that forward as a suggestion to take to the usual channels to see whether we can come up with something that would be a template for us all.

Photo of Lia Nici Lia Nici Conservative, Great Grimsby

May I clarify for the record that, as a general rule, Members of Parliament do not make contact with people who are not their own constituents? I will not ask my hard-pressed team in the constituency to respond to people who are not constituents. That is parliamentary protocol. No constituents have got in touch with me about this matter, and I will not be requesting that my team respond to non-constituents, because we need to work with people who really need our help.

Photo of Felicity Buchan Felicity Buchan Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)

I echo the comments of my hon. Friend the Member for Great Grimsby. It may be useful if I spend one minute explaining how the witness list comes about. Each party suggests witnesses, and then a Programming Sub-Committee agrees the list of witnesses. I just wanted to clarify that point.

Question put and agreed to.

Bill accordingly to be reported, without amendment.

Committee rose.

Written evidence reported to the House

EAPBB42 Karl Drinkwater

EAPBB43 Local Government Association

EAPBB44 Alyson Tyler