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I write to you as Scotland's First Minister, asking you to do everything in your power to prevent the “Anti-Boycott” Economic Activities of Public Bodies (Overseas Matters) Bill impacting the ability of Scotland’s public bodies to make ethical investment and procurement decisions.

This legislation would be a clear infringement on Scotland’s powers under devolution.  This much has already been identified, with the Scottish Government responding to a previous public petition (PE1803), saying “We have... been clear that we not wish to mandate how Scottish public how Scottish public institutions, organisations or individuals approach this issue [Boycott Divestment and Sanctions against Israel].  We would, therefore, strongly encourage the UK Government to develop their legislation in a manner which restricts the scope of application, and respects the autonomy of Scottish institutions in making decision on this issue”. The intention of this Bill is take away public authorities’ autonomy on such decision, and as it stands, this would extend to Scotland.

The Anti-Boycott Bill is clearly highly political, with the stated aim of protecting Israel from the Boycott, Divestment and Sanctions movement (BDS).  BDS was called for by Palestinian civil society in 2005, and demands the equal rights for Palestinians living inside Israel, the right of Palestinian refugees to return to their homeland, and the end of the occupation. All of these demands correspond to very basic rights enshrined in international law.  This legislation is doing what Margaret Thatcher tried to do in the 1980s – protect an apartheid state, in that case South Africa, from an international solidarity movement.

I believe public authorities should have the right to boycott or divest from countries or institutions that commit war crimes, ethnic cleansing, military occupation and apartheid.

I am deeply concerned by the impact that this proposed legislation will have on free speech. The so called “gagging clause” within the Bill will prevent public authority decision makers from saying that they would have made a different decision if it hadn’t been for this legislation.  This is a shocking attack on democracy and everything possible should be done to stop it impacting on Scottish public bodies.

As well as the impact on the solidarity movement with Palestine, I am also deeply concerned that public authorities will not be able to make ethical investment/divestment decisions on matters such as fossil fuels and climate change.  As a country committed to being a leader in tackling climate change, we must prevent legislation which will stifle attempts at a local level to move towards a greener, sustainable future.

Palestinians in the West Bank are facing both state-sanctioned settler violence reach an unprecedented level, as well as the recent brutal attacks on Jenin refugee camp. The Scottish Government should take a principled stand, standing up for the rights of Scotland under devolution, the right to free speech of those representing public bodies, and the rights of Palestinians living under apartheid, occupation and violence.

If you stand for any or all of these rights, please respond, telling me what you will do, as Scotland's First Minister, to protect them in relation to the anti-boycott bill.