Tag Archives: ethical investment

Michael Gove’s nasty little Bill

By John McHugo | Mon 19th June 2023 - 2:14 pm

Are you a decision-maker in a public authority, or someone who sometimes tries to influence such decision-makers? Do you care about ethical investment and not supporting oppressive regimes?

If so, and if The Economic Activity of Public Bodies (Overseas Matters) Bill which is presented to parliament today becomes law, you will be in for a nasty shock. You will not be able to take a decision (or seek to influence a decision) concerning public procurement or investment when that decision has “regard to a territorial consideration in a way that would cause a reasonable observer of the decision making process to conclude that the decision was influenced by political or moral disapproval of foreign state conduct (Section 1.1).”

It makes no difference if the “political or moral disapproval” concerns actions by a state on territory where it violates international law, or commits war crimes or crimes against humanity. No matter, either, if the decision which is proposed might itself abet a breach of international law. So if, to give just one example, the decision concerned a possible investment in an Israeli settlement in the Occupied Palestinian Territory which infringed article 5 of United Nations Security Council Resolution 2334, you might find yourself complicit in the infringement unless you broke UK law.