The Scottish Government is expected to refuse to adopt a UK law that seeks to outlaw local authorities from boycotting Israel, creating a constitutional dilemma.
The bill, which would apply to the whole of the UK, specifically names only one country, Israel. The proposed Economic Activity of Public Bodies (Overseas Matters) Bill was passed last month and is expected to be formalised by UK Parliament in September. It will prevent public bodies, including councils and universities, from forming its own foreign policies, something that the Scottish Government says could restrict its autonomy.
However, the bill does not prevent public bodies from enforcing sanctions in line with UK foreign policy, for example like those currently applying to Russia and Belarus. However, Israel is rightly not sanctioned by the UK and therefore should not be boycotted by local authorities, such as the 2014 Leicester city council motion banning goods from Israeli settlements
Matters relating to local authorities is a devolved matter, however the Scottish Government is required to apply UK foreign policy.
The ruling SNP administration in Edinburgh is urging Scottish Parliament to refuse legal consent, prompting what could be a constitutional conundrum..
The Scottish Government can issue a veto – in the form of a legislative procedure known as a ‘consent mechanism’ under the Sewel Convention – over anything that gives UK ministers powers in devolved areas.
MSPs in Holyrood then vote on the recommendation from Scottish ministers to refuse legal consent. However, refusing consent can sometimes cause delays and create friction between the two administrations.
According to the Jewish Chronicle, a UK Government source said: “The Scottish Government has a record of stoking up grievances by refusing to back many important bills.
“Simply playing political games with the Sewel Convention will not be acceptable.
“Britain must have a consistent approach to foreign policy, set by the UK Government.”
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.”
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.”
This means that Bill, which is still to be approved by the House of Lords in September, could still be amended to satisfy the SNP’s demands.
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.”
This year, we want to do more to bless Israel and the Jewish people.
We know that as we bless Israel this year, God will bless us, just as He promised in Genesis 12:3, “I will bless those who bless you, and whoever curses you I will curse; and all peoples on earth will be blessed through you.” Now is the time to bless Israel and the Jewish people.
