זה כבר מינואר נכון?

https://www.palestinecampaign.org/press-release-palestine-solidarity-campaign-wins-right-to-go-to-supreme-court/

 

 

 

Dear All

 

Please note that the Palestine Solidarity Campaign has been granted permission to appeal to the Supreme Court the judgment of the Court Appeal on the UK pension scheme anti-boycott guidance.

 

By way of recap:

 

·        In 2016 the UK government published statutory guidance directing local authorities not to pursue policies contrary to UK foreign/defence policy in developing their pension investment strategy.

"However, the Government has made clear that using pension policies to pursue boycotts, divestment and sanctions against foreign nations and UK defence industries are [sic] inappropriate, other than where formal legal sanctions, embargoes and restrictions have been put in place by the Government." ("BDS Guidance")

·        On 22 June 2017 the Administrative Court held that the BDS Guidance was unlawful on the ground that it fell outside statutory powers as the guidance was not issued for a "pensions purpose." Pending the decision of the Court of Appeal, the above wording was removed from the statutory guidance document.

·        On 6 June 2018, the Court of Appeal overturned the Administrative Court's ruling:

o   The Secretary of State enjoyed a broad statutory discretion and it fell within his powers to issue guidance as to the extent to which non-financial considerations should be taken into account by local authorities.

o   There was nothing objectionable in considerations of foreign and defence policy being taken into account in the formulation of the investment guidance.

o   As the pension schemes were public service schemes it must be possible to have regard to wider public interest.

·        On 6 November 2018, the Government Office of Housing, Communities and Local Government of the United Kingdom stated that, following the ruling of the Court of Appeals, the guidance would be reinstated - https://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Commons/2018-10-18/181285/. The guidance has not been updated as yet – the last update showing being the removal of the guidance pursuant to the June 2017 decision - https://www.gov.uk/government/publications/local-government-pension-scheme-guidance-on-preparing-and-maintaining-an-investment-strategy-statement#history. Please note that we were not able to find any follow-up written questions reacting to the grant of permission to appeal on the UK Parliament website.  

 

We understand that the Supreme Court hearing is expected to take place during the second part of this year. We will follow the proceedings and keep you updated.

 

Kind regards

 

Hadie

 

HADIE COHEN Foreign& Counter-Terrorism Litigation Department

Department of the Deputy Attorney General (international Law)

Ministry of Justice State of Israel

Office: + 972 (0)3 763 4141

Fax: +972 (0)2 646 7799