No 10 warned Israel boycotts bill enables Russia

The overseas secretary's bureau warned Downing Street a measure to prohibition nationalist bodies from boycotting Israel could breach planetary commitments.

The proposal besides says the measure could springiness Russia "ammunition" to impeach the UK of hypocrisy.

The BBC has seen a missive sent to No10 by a elder authoritative successful May.

It suggests a important furniture divided implicit the planned law, amid an already highly charged ambiance implicit its contents.

The proposal says if the measure goes up arsenic drafted, the overseas caput believes Moscow "will usage it against us".

Communities Secretary Michael Gove, who introduced the bill, told MPs past week helium knew of "no specified advice" erstwhile asked if immoderate diplomatic posts had advised the authorities the measure could breach Britain's planetary commitments.

The planned law, known arsenic the anti-BDS bill, is an effort to bounds the scope of the Boycott, Divestment and Sanctions (BDS) movement, which calls for broad-based economical and taste boycotts of Israel and Israeli settlements successful the Occupied Palestinian Territories.

Mr Gove has championed the legislation, saying it would marque definite overseas argumentation remains a UK authorities matter.

It would halt section councils and different bodies successful complaint of nationalist funds from boycotting goods and services from some Israel and Israeli settlements successful the Occupied Palestinian Territories and Golan Heights.

The BDS question is wide backed by Palestinians and anti-occupation groups successful the UK. Israel sees it antisemitic and has supported moves by different governments to outlaw specified boycotts by nationalist bodies. The contented is highly controversial, often sparking rows and protestation among rival groups supportive of Israel oregon the Palestinians.

In a motion of heavy unease wrong the Foreign Office implicit the interaction of the measure arsenic drafted, a missive sent from a elder authoritative successful Mr Cleverly's bureau to Downing Street connected 12 May warned of damaging consequences for the UK if the authorities went up successful its existent form.

It suggests Moscow would usage it to amusement the UK did not uphold the planetary rules-based strategy and was truthful "being hypocritical successful our attraction of 'annexed territory'" successful narration to Britain's condemnation of Russia's penetration of Ukraine.

Foreign Office lawyers advised a clause successful the measure "would importantly summation the hazard of the UK being successful breach of our commitments nether [United Nations Security Council Resolution] 2334."

This appears to contradict Levelling Up Minister Felicity Buchan, who told MPs astatine the extremity of the statement connected the bill: "The government's presumption is that the measure is compliant with UN Security Council solution 2334."

A United Nations Security Council resolution, oregon UNSCR for short, is simply a ceremonial committedness made by subordinate states of the UN's Security Council.

The assembly is presently chaired by the UK, and is liable for maintaining planetary bid and security.

The UN Security Council solution 2334, passed successful 2016, sees Israeli settlements successful the occupied territories arsenic a "flagrant violation" of planetary instrumentality and a "major obstacle" to peace. It besides calls connected countries "in their applicable dealings" to separate betwixt Israel and the territories it occupies.

The Foreign Office lawyers warned that the measure could breach this committedness due to the fact that it does not separate betwixt boycotts against Israel and those against settlements successful the occupied Palestinian territories and Golan Heights.

Officials said specified a breach of the solution "would supply ammunition to Russia successful its effort to undermine our communicative that its penetration of Ukraine is successful usurpation of the UN charter and a fig of Security Council resolutions" and that Russia was apt to impeach the UK of being "hypocritical".

The missive adds: "Russia (and to an grade China, with an oculus connected Taiwan) would apt prehend immoderate accidental to situation the legitimacy of our dependable connected liable multilateralism.

"In this context, the overseas caput believes that the legislation, arsenic drafted, volition make hard handling issues… and that Moscow volition usage it against us."

It says portion Mr Cleverly noted the BDS Movement is "divisive", the authoritative said helium recommended removing the circumstantial references to Israel and the occupied territories from the look of the bill.

It adds that the premier curate decided successful December 2023 to see Israeli settlements successful the Occupied Palestinian Territories successful the bill.

The measure gives the authorities the powerfulness to marque definite countries exempt from the restrictions - meaning nationalist bodies would beryllium allowed to present their ain sanctions, campaigns and boycotts against them.

For example, the authorities intends Russia and Belarus to beryllium exempted.

Public bodies would besides not beryllium barred from complying with UK-wide sanctions.

But the measure specifically singles retired Israel, the Occupied Palestinian Territories oregon the Occupied Golan Heights saying they cannot beryllium made exempt - truthful nationalist bodies could not boycott them without a further instrumentality change.

In doing truthful it groups the 3 together, which critics reason undermines the UK's overseas argumentation presumption by suggesting boycotting Israeli settlements successful the Occupied Palestinian Territories oregon Golan Heights would beryllium the aforesaid arsenic boycotting Israel - contempt the illegality of the erstwhile 2 nether planetary law.

Longstanding UK authorities argumentation calls for an extremity to Israel's subject concern of the Occupied Palestinian Territories arsenic portion of a negotiated "two-state solution".

The UK has for decades endorsed the presumption of planetary law, nether which Israeli settlements are seen arsenic amerciable - though Israel disputes this - and sees their enlargement arsenic an "obstacle to peace".

This has received disapproval from immoderate Tory MPs arsenic good arsenic Labour. The measure passed its archetypal signifier successful the Commons past week, with 2 Conservative MPs voting against it.

On 3 July, the seat of the Foreign Affairs Committee Alicia Kearns MP asked Michael Gove successful the House of Commons if immoderate diplomatic posts had "specifically advised the government" that the measure could contravene our UN information assembly resolutions.

Michael Gove responded saying: "I cognize of nary specified advice."

The Conservative MP William Wragg besides asked him if helium had work the "write-round" from the Foreign Office advising against this clause and asking if helium had spoken to the overseas caput astir it.

Mr Gove said: "Every curate supports the bill, and rather rightly", contempt the concerns that had been raised connected behalf of Mr Cleverly successful the Foreign Office missive to Downing Street.

Mr Gove's section for Levelling Up, and the Foreign Office, has been asked to comment.