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Scottish Government rejects bill to ban councils from Israeli boycotts

The Scottish Government said it was concerned the proposed legislation could restrict its autonomy to determine its own policies on international relations

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Scottish ministers have blocked a new UK wide law stopping public bodies from boycotting Israel. 

The Scottish Government said it was concerned the proposed legislation could restrict its autonomy to determine its own policies on international relations.

The ruling SNP-led administration in Edinburgh has now urged the Scottish Parliament to  refuse legal consent for the proposed Economic Activity of Public Bodies (Overseas Matters) Bill.

The new rules aim is to prevent public bodies, including councils and universities, from bringing in sanctioned unilateral bans on Israel.

The bill would outlaw campaigns, including those relating to the purchase of goods and services or investments. The UK government at Westminster has previously highlighted a 2014 Leicester city council motion banning goods from Israeli settlements.

The bill, introduced by Communities Secretary Michael Gove in the House of Commons in Westminster in June, would apply to the whole of the UK.

But the Scottish Government argue the bill is “wholly unnecessary and an unwelcome alteration of Scottish ministers’ competence”. 

Explaining the reasons in a consent memorandum lodged to the Scottish Parliament, Deputy First Minister Shona Robison said: “The first reason is the disproportionate and unnecessary nature of the Bill. 

“The Scottish Government has always acted responsibly and in line with the UK’s international commitments.

“The second reason is the importance of being able to take a values-based approach to international engagement.

“The Scottish Government’s international activity creates opportunities at home, broadens our horizons, attracts high-quality investment and ultimately benefits the people of Scotland. 

“While the Scottish Government will always meet the obligations placed upon it by international law and treaties, people in Scotland rightly expect that decisions should not be made in an ethical or moral vacuum.

“The third reason relates to democracy. To make it unlawful for Scottish Ministers to even publish a statement to the effect that they would have acted in a certain way were it not outlawed by this Bill – or risk having fines levied by the UK Government – is an assault on democratic expression and will stifle the ability for democratic debate.”

A UK Government source said it “was disappointing” the SNP-led administration had refused to back the UK wide bill. 

They added: “Britain must have a consistent approach to foreign policy, set by the UK Government.”

Scottish Conservative MSP Jackson Carlaw, whose Eastwood constituency represents some of Scotland’s biggest Jewish communities, told the JC: “It is utterly disgraceful that the SNP-Green government have not followed suit and backed this bill.

 “These are sensible measures which are backed by our Jewish communities, yet ministers have been missing in standing in solidarity with them by refusing to give the green light to this legislation.

“The fight against antisemitism cannot be half-hearted. SNP-Green ministers should rethink this decision urgently.”

A Scottish Government spokesperson said: “The Scottish Government has lodged a legislative consent memorandum with the Scottish Parliament setting out the reasons why ministers believe the parliament should not give its consent to this bill as drafted.

“It is now up to the Scottish Parliament to consider how to respond to the bill. If it does not give its consent, then in accordance with the Sewel Convention, the UK Government should amend the bill to reflect and respect the Scottish Parliament’s decision.”

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