Senedd urged to reject bill that would ban public bodies from boycotting Israel

Martin Shipton

Grassroots campaigners in Wales are urging Senedd Members to oppose a UK Government bill which would take away the right of local authorities, public sector/local government pension funds, universities and the Welsh Government to make ethical choices about spending and investments.

Members of the Palestine Solidarity Campaign (PSC) in Wales are writing to MSs about the ‘Economic Activity of Public Bodies (Overseas Matters) Bill’ (or anti-boycott bill). It passed its second reading in the House of Commons on July 3. The bill will now be debated at committee stage where a detailed examination of its provisions will take place.

The campaigners are urging their MSs to withhold legislative consent when the motion comes before the Senedd. They say the bill not only seeks to limit the ability of public authorities to make ethical choices, it also represents a potential attack on Welsh decision-making.

Given its potential impact on areas of devolved competence, the anti-boycott bill could encroach on the powers of the Welsh Government and the Senedd, for example by trampling on the ethical commitments contained within the Social Partnership and Public Procurement (Wales) Act.

Unique status

Speaking on behalf of the Welsh PSC groups, Betty Hunter – who is Abergavenny based and honorary president of the Palestine Solidarity Campaign, said: “The bill’s main target is the Palestinian-led campaign for boycott, divestment and sanctions [against Israel] (BDS).

“Appallingly, Israel is given a unique status through a special clause in the bill that makes it the only state in the world permanently protected from divestment by a public body, no matter what it does to violate international law and human rights.”

Campaigners believe the bill could also potentially hit campaigns against deforestation, environmental pollution and the exploitation of children and workers. It is opposed by a wide coalition of some 70 organisations including trade unions, charities, NGOs, faith, climate justice, human rights, cultural, campaigning and solidarity organisations.

Heledd Fychan, Plaid Cymru MS for the South Wales Central region, said: “The proposed bill shows the determination of this UK Government to limit the ability of campaigners and public bodies to hold governments and institutions to account. Removing the right to boycott or disinvest poses a threat to freedom of expression and the ability to challenge non-ethical practices or ones that breach human rights wherever they may take place in the world. The bill must be opposed so that here in Wales we can continue to play our part as globally responsible citizens.”

Labour leader Sir Keir Starmer has opposed the BDS movement.

The UK Government has now started the ‘legislative consent motion’ process in relation to clauses 1 and 4 of the bill. A legislative consent motion is the means by which the Senedd and the Scottish Parliament are asked to consent to the UK Parliament passing a law which impacts on a devolved matter.

The Scottish Government has decided to formally oppose the anti-boycott bill.

Although not binding on the UK Parliament, which could still pass the bill if MSs withhold legislative consent, campaigners say it would send a clear message that the Senedd believes it represents a significant act of overreach by Westminster, as well as signalling opposition to the provisions of the bill.

Mark Drakeford

PSC has also written to First Minister Mark Drakeford about the bill, stating: “Wales has a proud history of support for these progressive movements, from the famous refusal of renowned poet and abolitionist, Iolo Morganwg, to stock sugar produced on slave plantations in his shop in Cowbridge during the late 18th century, to the best-known boycott of them all – the drive to end apartheid in South Africa.

“As you know, the magnificent role played by the Wales Anti iApartheid Movement in that campaign was subsequently celebrated by Nelson Mandela in Cardiff in 1998, when receiving the freedom of the city.”

At that time, Mr Mandela stated: “The knowledge that local authorities all over Wales were banning apartheid products from canteens and schools – and that the universities, the Welsh Rugby Union, and the choirs had cut their links – was a great inspiration to us in our struggle.”

In its letter to Mr Drakeford, PSC stated: “Alarmingly, had the anti-boycott bill been in place at the time, many of these impressive acts of solidarity would have been illegal. The anti-boycott bill threatens to erode local democracy, weaken devolution, restrict freedom of expression, and undermine campaigns for social and climate justice. We hope that you will use your influence as First Minister to speak out against this damaging legislation and urge your party colleagues at Westminster to do the same. For opposition parties who believe in democracy, human rights and climate justice, abstention on this issue should quite simply not be an option.”

When he announced the UK Government’s intention to introduce a bill that would ban public bodies from participating in boycott campaigns, Michael Gove, the Cabinet member responsible for local government in England, said: “It is simply wrong that public bodies have been wasting taxpayers’ time and money pursuing their own foreign policy agenda. The UK must have a consistent approach to foreign policy, set by the UK Government.

“These campaigns not only undermine the UK’s foreign policy but lead to appalling antisemitic rhetoric and abuse. That is why we have taken this decisive action to stop these disruptive policies once and for all.”