Question to the Cabinet Office:

To ask His Majesty's Government whether, for the purposes of the Economic Activity of Public Bodies (Overseas Matters) Bill, there is a lower limit to (1) the amount or proportion of public funding received by a public body, and (2) the size of such a body using any other metric.

Answered by Baroness Neville-Rolfe - Minister of State (Cabinet Office)

The Economic Activity of Public Bodies (Overseas Matters) Bill applies to public authorities, as defined in section 6 of the Human Rights Act 1998. There is no universal test to determine whether an authority is bound by section 6 of the Human Rights Act and therefore in scope of the Bill. However, indicative factors that have been identified by judges as relevant include: the authority receiving a significant amount of public funding; the authority carrying out acts in exercise of statutory powers; and the authority exercising a task which is in the public interest. Although there is no lower limit to the size of a public authority, nor the amount of public funding that a public authority can receive, judges have already clarified that receiving public funding does not, on its own, mean a body is a public authority under section 6, nor exercising public functions. Ultimately, the courts would decide on individual cases depending on the particular circumstances.

Question to the Cabinet Office:

To ask His Majesty's Government whether, for the purposes of the Economic Activity of Public Bodies (Overseas Matters) Bill, the definition of a "public body" may apply to a single individual person.

Answered by Baroness Neville-Rolfe - Minister of State (Cabinet Office)

The Bill applies to public authorities as defined in section 6 of the Human Rights Act 1998.

This means that the Bill will only apply to public authorities and not to individuals in their private capacities. When an individual is acting on behalf of a public authority, they will not be held personally liable for a breach of the ban. Only public authorities can breach the ban.

Cases where this definition may apply to a single individual will be limited to where that individual is themselves a public authority. An example of such a case would be a Secretary of State. In this example, the Secretary of State would only be in scope of the Bill when acting as Secretary of State – and not when acting in their personal capacity.

Question to the Cabinet Office:

To ask His Majesty's Government what is their definition of "public body" for the purposes of the Economic Activity of Public Bodies (Overseas Matters) Bill; and whether this definition includes arts organisations.

Answered by Baroness Neville-Rolfe - Minister of State (Cabinet Office)

The Bill applies to a broad range of public bodies to protect community cohesion and ensure a consistent approach to foreign policy. Specifically, the Bill applies to public authorities, as defined in section 6 of the Human Rights Act 1998. Bodies should already be aware if they are bound by section 6 of the Human Rights Act 1998 as this legislation has been on the statute book for 25 years and places wide-ranging obligations on them.

The definition may include some arts organisations such as some museums and galleries in receipt of significant public funding when they are undertaking certain public functions. As with any general definition in legislation, there are instances where the application of a definition depends on the specific facts of a case and it is ultimately for the courts to decide.