Agenda item

Response to the Petition requesting the Council to “Stand with Palestine”

Report of Director of Policy and Democratic Engagement

 

Report to follow

Decision:

9.1

The Chief Executive presented a report providing the Strategy and Resources Policy Committee with advice in relation to the petition asking the council to “stand with Palestine” that has been referred to it by Full Council, and to recommend a course of action for the committee to consider in response to the three requests in the petition.

 

 

9.2

RESOLVED: That Strategy and Resources Policy Committee:-

 

 

 

(a) notes the content of the petition asking the Council to ‘stand with Palestine’, as referred to the committee by Full Council;

 

(b) notes that points 1 and 3 of the requests made in the petition have been fulfilled, by, respectively, the publication of a cross-party statement of solidarity on 25 March 2024, and the debate that took place on the issues raised by the petition at the Full Council meeting on 6 March 2024; and

 

(c) In relation to point 2 of the petition:

 

(1) Note that none of the recommendations of the Amnesty International report referred to in the petition are directed towards Sheffield City Council; note that matters of international law as set out in that report are not within the competence of Sheffield City Council; and further note that, as such, it is not open to the committee to make a designation of the type suggested by the petition.

 

(2) With the exception of investments, note that none of the actions in the1981 Statement of Action published by Sheffield City Council as part of declaring Sheffield to be a South African Apartheid Free Zone are ones that the Council could now lawfully take in respect of Israel.

 

(3) With respect to investments note that in the current Treasury Management Strategy the Council has determined that it will only invest in countries with a defined sovereign credit rating of AA- or above and that this currently excludes Israel, but requests that as part of the next review of the Treasury Management Strategy consideration is given to the issues raised in the petition, along with all other considerations including duties under the Equalities Act 2010, best value, and proper financial management.

 

(4) Agrees to take no other action in respect of this aspect of the petition.

 

 

9.3

Reasons for Decision

 

 

9.3.1

The recommendations in the report set out the only action available to the committee in respect of the requests made in the petition presented to Full Council.

 

 

9.4

Alternatives Considered and Rejected

 

 

9.4.1

There are no alternative options available to the committee in respect of this issue

 

 

 

(NOTE: The result of the vote on the resolution was FOR - 11 Members; AGAINST - 0 Members; ABSTENTIONS – 2 Members.

 

Minutes:

21.1

The Chief Executive presented a report providing the Strategy and Resources Policy Committee with advice in relation to the petition asking the council to “stand with Palestine” that has been referred to it by Full Council, and to recommend a course of action for the committee to consider in response to the three requests in the petition.

 

The report sets out the action that the Committee may take in respect of the three requests in the petition. In doing so, it draws the Committee’s attention to the authority’s responsibilities under the Equality Act 2010, specifically the third strand of the S149 Public Sector Equality Duty around fostering good relationships between different groups. as well as other relevant information, including reminding the committee about the decisions that it took in relation to the report at its meeting on 21 February 2024 on the City Council’s actions in relation to the ongoing conflict in Israel and Palestine. 

 

It was confirmed that the report has been thoroughly checked, and has been reviewed by an external barrister, to ensure that it is correct and free from errors.

 

The Committee held a long debate on the report, reaffirming their strong feelings as expressed through the cross-party statement of solidarity on 25 March 2024 and again indicated their heartbreaking concerns at the scenes of devastation in Gaza, condemning the ongoing violence in Gaza, and expressing the Council’s solidarity and sympathy for the victims of the violence. The recent ruling of the International Court of Justice was noted, and it was recognised that the Council must place reliance on the primary legislative framework of the UK law, as set down by Parliament, to transpose international obligations into the context of local government law and to provide us with an operating framework.

 

The Assistant Director Legal and Governance advised that any amendments to the recommendations that would engage Equality Act legislation considerations could not be  lawfully adopted today, as officers will not have assessed and proposed what additional considerations arise, and what additional elements and text to such a resolution would be needed to be considered in order to meet the equalities imperatives.  No decision could be made “subject to” such a review for lawfulness, as the Equality Act calls for a contemporaneous consideration of the equalities imperatives.  On this basis the amendments put forward were not considered.

 

 

21.2

RESOLVED: That Strategy and Resources Policy Committee:-

 

 

 

(a) notes the content of the petition asking the Council to ‘stand with Palestine’, as referred to the committee by Full Council;

 

(b) notes that points 1 and 3 of the requests made in the petition have been fulfilled, by, respectively, the publication of a cross-party statement of solidarity on 25 March 2024, and the debate that took place on the issues raised by the petition at the Full Council meeting on 6 March 2024; and

 

(c) In relation to point 2 of the petition:

 

(1) Note that none of the recommendations of the Amnesty International report referred to in the petition are directed towards Sheffield City Council; note that matters of international law as set out in that report are not within the competence of Sheffield City Council; and further note that, as such, it is not open to the committee to make a designation of the type suggested by the petition.

 

(2) With the exception of investments, note that none of the actions in the1981 Statement of Action published by Sheffield City Council as part of declaring Sheffield to be a South African Apartheid Free Zone are ones that the Council could now lawfully take in respect of Israel.

 

(3) With respect to investments note that in the current Treasury Management Strategy the Council has determined that it will only invest in countries with a defined sovereign credit rating of AA- or above and that this currently excludes Israel, but requests that as part of the next review of the Treasury Management Strategy consideration is given to the issues raised in the petition, along with all other considerations including duties under the Equalities Act 2010, best value, and proper financial management.

 

(4) Agrees to take no other action in respect of this aspect of the petition.

 

 

21.3

Reasons for Decision

 

 

21.3.1

The recommendations in the report set out the only action available to the committee in respect of the requests made in the petition presented to Full Council.

 

 

21.4

Alternatives Considered and Rejected

 

 

21.4.1

There are no alternative options available to the committee in respect of this issue

 

 

 

(NOTE: The result of the vote on the resolution was FOR - 11 Members; AGAINST - 0 Members; ABSTENTIONS – 2 Members.

 

Supporting documents: