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Economic Activity of Public Bodies (Overseas Matters) Bill

Current Stage: Committee stage

Last updated: 23/09/2024

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Overview

This bill aims to prevent UK public bodies from letting political or moral disapproval of foreign states influence their economic decisions, such as procurement and investment, subject to specific exceptions.

Description

The bill prohibits decision-makers in UK public bodies from considering factors relating to a specific foreign territory if it would appear that their decision was influenced by political or moral disapproval of that foreign state's conduct. This applies to procurement and investment decisions. Exceptions are detailed in a Schedule which can be amended by the Secretary of State or the Minister for the Cabinet Office through regulations. These exceptions cover national security, international law obligations, bribery, labour-related misconduct, competition law infringements, and environmental misconduct. The bill also prohibits the publication of statements indicating intent to act contrary to these provisions. Enforcement mechanisms include legal proceedings (judicial review), information notices, compliance notices, and monetary penalties, with specific enforcement authorities designated for different bodies. The bill also modifies existing legislation relating to local government contracting and pension scheme investments.

Government Spending

The bill doesn't directly specify increased or decreased government spending. The cost of enforcement, potential penalties, and any required regulatory changes would need further assessment.

Groups Affected

  • UK Public Bodies: Subject to the prohibitions and potential penalties if they violate the bill's provisions.
  • Foreign States: Potentially affected by decisions of UK public bodies, although the bill aims to ensure decisions aren't influenced by disapproval of their conduct.
  • Enforcement Authorities (e.g., Secretary of State, Treasury, Office for Students): Responsible for investigating and enforcing the bill's provisions.
  • Courts: Will handle legal challenges and enforcement actions.
  • Individuals and Organisations: May be able to challenge decisions through legal action if they believe a public body acted unlawfully.
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