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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 29 November 2025
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Displaying 1215 contributions

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Economy and Fair Work Committee

Economic Activity of Public Bodies (Overseas Matters) Bill

Meeting date: 22 November 2023

Tom Arthur

There was an exchange of ministerial letters following the bill’s introduction, and there has been continued engagement at official level throughout the process of the consideration of the legislation.

Economy and Fair Work Committee

Economic Activity of Public Bodies (Overseas Matters) Bill

Meeting date: 22 November 2023

Tom Arthur

Our primary engagement has been with the UK Government. I ask Alasdair Hamilton to comment on whether there has been any specific engagement with devolved Administrations.

Economy and Fair Work Committee

Economic Activity of Public Bodies (Overseas Matters) Bill

Meeting date: 22 November 2023

Tom Arthur

The UK Government that was in power at the time when apartheid was taking place.

Economy and Fair Work Committee

Economic Activity of Public Bodies (Overseas Matters) Bill

Meeting date: 22 November 2023

Tom Arthur

I refute the implication that the bill is in any way giving succour. Every single person and every member of the Parliament is completely unified in their unconditional and unqualified condemnation of antisemitism in all its forms. We are considering this morning a legislative consent memorandum whereby the UK Government is seeking to alter the competence of Scottish ministers and to change the devolution settlement. That is specifically what we are considering in the LCM, and that is situated in the broader context of consistent acts by the UK Government to undermine devolution. That is specifically what the LCM speaks to.

Economy and Fair Work Committee

Economic Activity of Public Bodies (Overseas Matters) Bill

Meeting date: 22 November 2023

Tom Arthur

I respect that there is a range of views, and a range of views was aired when the legislation was considered at Westminster. The position that we are considering today is the implications for devolution, specifically the executive competence of Scottish ministers. That is a distinct matter and something that we, as parliamentarians, have to pay close attention to and consider carefully, particularly in the context of what we have seen over recent years, namely, the approach by the UK Government that has been encroaching upon devolved competency. That is what we are specifically considering. The legislation would alter the executive competence of Scottish ministers, and we are opposed to it on that basis.

Economy and Fair Work Committee

Economic Activity of Public Bodies (Overseas Matters) Bill

Meeting date: 22 November 2023

Tom Arthur

Scottish ministers and public bodies in Scotland of course take decisions on procurement that are consistent with and uphold our obligations under international and domestic procurement law. It is also recognised, and is expected of all those who are in a position to take them, that decisions are not taken in an ethical or moral vacuum. We have a strong record on public procurement. We have clear provision set out in legislation and a suite of tools to assist public bodies in their procurement decisions. All public procurement decisions that are taken in Scotland have to be consistent with domestic and international procurement law obligations.

Economy and Fair Work Committee

Economic Activity of Public Bodies (Overseas Matters) Bill

Meeting date: 22 November 2023

Tom Arthur

It is important to note that, with the coming into force of the Procurement Reform (Scotland) Act 2014 and subsequent regulations, along with a suite of tools, we promote sustainable procurement across Scotland, which takes into account a wide range of considerations and factors. Alasdair Hamilton may want to expand on that.

Economy and Fair Work Committee

Economic Activity of Public Bodies (Overseas Matters) Bill

Meeting date: 22 November 2023

Tom Arthur

That would be the UK Government that was in power at the time. There was an approach—it was clearly understood at the time—when those were the circumstances in South Africa.

Economy and Fair Work Committee

Economic Activity of Public Bodies (Overseas Matters) Bill

Meeting date: 22 November 2023

Tom Arthur

There was an approach that the UK Government took over the duration. The point that is highlighted relates specifically to clause 4 and the implications that that would have had. It would have prevented public bodies or Scottish ministers from publishing a statement saying that they would have acted in a particular way. The way in which the legislation is set out and will operate would have created restrictions on the competence of Scottish ministers, had a Scottish Parliament been in existence at that time. Had the UK Government had such legislation in place, it would have restricted the competence of Scottish ministers.

Economy and Fair Work Committee

Economic Activity of Public Bodies (Overseas Matters) Bill

Meeting date: 22 November 2023

Tom Arthur

Thank you, convener, and good morning to the committee.

The bill triggers the consent process because it alters the executive competence of Scottish ministers by preventing them from taking moral or political disapproval of the conduct of any foreign state into account in procurement decisions. That is not necessary. There are already significant protections in domestic procurement law. It is undemocratic. It would allow UK ministers to fine Scottish ministers even for saying that they would have taken disapproval into account were it not unlawful to do so. It risks our ability to take a values-based approach to international engagement. Whether that is in relation to Ukraine today or to apartheid South Africa in the past, it should be clear why that is important. The Scottish Government does not recommend that consent be given.