Agenda item

Report from the Assistant Chief Executive.

 

Recommendations:

 

1)    That Cabinet consider the following recommendations from OSMB, against the petition items below:

 

1.    Publicly condemn the Israeli Government’s human rights violations.

2.    Demand the UK Government call for a permanent ceasefire in Gaza.

 

Recommendation 1):

 

                          i.        That the Council is invited to issue a press release explaining the resolution agreed in the debate held on 28 February 2024:

 

“That this Council publicly condemns the Israeli Government’s human rights violations and demands that the UK Government call for a permanent ceasefire in Gaza”.

 

3.    Withdraw any associations with the Israeli Government.

 

Recommendation 2):

 

                          i.        In the interests of transparency, the Council publishes details of whether the Council has formal associations with the Israeli government.

 

                        ii.        Requests that the Council reviews its contractual relations to establish if it has links with any of the companies named in the UN Human Rights Council’s list as part of the Council’s visible supply chain.

 

                       iii.       Notes the restrictions placed on local authorities in respect of the factors which they may take into account when procuring goods or services under Section 17 of the 1988 Local Government Act.

 

4.    Prioritise human rights and equality in Rotherham’s international relations, especially for the Palestinian people.

 

Recommendation 3):

 

                          i.        The Council cannot implement this recommendation as it is stated in the petition as international relations fall to central rather than local government.

 

                        ii.        Notes that the Council no longer has active twinning arrangements, and it is not recommended that these recommence.

 

                       iii.       The Council notes that the strength of Rotherham’s local communities in supporting communities in need around the world. This includes promoting values such as human rights and equality which the Council supports.

 

5.    Engage in dialogue with residents to develop a strategy for ethical local policies, specifically not to support countries with illegal occupations or companies benefitting from such activities.

 

Recommendation 4):

 

                          i.        That the Cabinet reiterates its commitment to its Ethical Procurement Policy and notes that the Council will always procure services in line with this Policy.

 

                        ii.        That the Council publishes an overview of its investments on its website.

 

                       iii.       That the Council requests that SY Pension Authority publishes its investments on its website.

 

                       iv.        Notes that the discretion of the Council to make ethical procurement decisions in respect of not supporting countries with illegal occupations or companies benefitting from such activities was removed under s.17 of the Local Government Act, 1988.

 

                        v.       To enable councils to reflect on the concerns of communities that they are elected to represent, that the Leader writes to the relevant Minister to a) request the repeal of those sections of the Local Government Act 1988 which prohibit councils from taking ‘non-commercial considerations’ into account when awarding contracts and b) in opposition to the Economic Activity of Public Bodies (Overseas Matters) Bill currently before Parliament.

 

6.    Consider flag displays that better align with Rotherham communities’ values, promote inclusivity and display the Palestinian flag.

 

Recommendation 5):

 

                          i.        That the Council is requested to give approval to the display of the Palestinian flag as a gesture of solidarity to those in Gaza and the wider region who are affected by the conflict and support peace. This should coincide with the United Nation’s International Day of Solidarity with the Palestinian People (29 November 2024).

 

                        ii.        That the community considers organising a visible gesture of solidarity to those in Gaza and the wider region who are affected by the conflict and support peace. For example, this could include inter-faith, sporting or cultural events.

 

                       iii.       That elected members are reminded that under the existing Flag Protocol, a motion to support a cause or campaign, which by implication will include the flying of a flag, can be submitted to Council for decision.

 

 

7.    Honour its commitment to being an Anti-Racist Town.

 

Recommendation 6):

 

                          i.        That the Overview and Scrutiny Management Board scrutinises how future Council Equalities Action Plans align with any relevant resolution outlined in the Anti-Racist Town motion, making recommendations for improvement as necessary.

 

8.    Recognise that criticism of the Israeli Government does not equate to criticism of Judaism as noted by the IHRA definition of anti-Semitism.

 

Recommendation 7):

 

                          i.        That no further action is taken in respect of adopting an alternative definition of anti-Semitism.

 

                        ii.        That the Council notes that it is able to consider motions that provide equivalent definitions which seek to ensure clarity in respect of the other faiths should it resolve to do so.

 

2)    That the Leader writes to local MPs informing them of the agreed recommendations and any proposed actions resulting from these.

 

3)    That the decision of Cabinet is reported back to OSMB within two months of its submission.

 

4)    That the Cabinet Spokesperson continues to hold dialogue with Petitioners to continue to seek peace in Palestine and the Region.

 

5)    That Cabinet consider expediating the governance processes and provide updates to OSMB on progress against the recommendations.

 

Consideration was given to the report which set out the recommendations from the Overview and Scrutiny Management Board (OSMB) in relation to the “Rotherham’s Commitment To A Permanent Ceasefire And To Promote Peace In Palestine And The Wider Region” petition (attached at Appendix 1) that had been submitted to Council on 28 February 2024. The report also set out Cabinet’s response to those recommendations.

It was usual for Cabinet to receive such reports for consideration before providing a response at a later date. However, following a specific request from OSMB and in light of additional, unavoidable delays owing to the pre-election periods, Cabinet had agreed to expedite the response.

The petition contained 4031 valid signatures calling on the Council to commit to a permanent ceasefire and promote peace in Palestine and in the region. The petition was debated by full Council in February 2024 and they resolved to refer the petition to OSMB.

The petitioners sought the following resolution:

 

We the undersigned petition the Council to:

 

1.    Publicly condemn the Israeli Government’s human rights violations.

2.    Demand the UK Government call for a permanent ceasefire in Gaza.

3.    Withdraw any associations with the Israeli Government.

4.    Prioritise human rights and equality in Rotherham’s international relations, especially for the Palestinian people.

5.    Engage in dialogue with residents to develop a strategy for ethical local policies, specifically not to support countries with illegal occupations or companies benefitting from such activities.

6.    Consider flag displays that better align with Rotherham communities’ values, promote inclusivity and display the Palestinian flag.

7.    Honour its commitment to being an Anti-Racist Town.

8.    Recognise that criticism of the Israeli Government does not equate to criticism of Judaism as noted by the IHRA definition of anti-Semitism.

 

A sub-group was set-up to discuss the points raised with representatives of the petitioners. It met with representatives on 4 April 2024, with a follow-up meeting organised on 30 April 2024 to feedback its recommendations.

The following attended the sub-group meeting: Councillor Maggi Clark (Chair); Councillor Joanna Baker-Rogers; Councillor Wendy Cooksey; and Councillor Taiba Yasseen. There were four petitioners present. The officers that attended were Phil Horsfield (Borough Solicitor); Emma Hill (Head of Democratic Services) and Caroline Webb (Senior Governance Advisor.)

 

Prior to her term of office concluding, (former) Councillor Clark wrote to the Leader of the Council with the sub-group’s recommendations. The letter was attached as Appendix 2. Councillor Steele, as the current Chair of OSMB presented the report and recommendations from OSMB which were as follows:

 

1)    That Cabinet consider the following recommendations from OSMB, against the petition items below:

 

1. Publicly condemn the Israeli Government’s human rights violations.

2. Demand the UK Government call for a permanent ceasefire in Gaza.

 

Recommendation 1):

i.               That the Council is invited to issue a press release explaining the resolution agreed in the debate held on 28 February 2024: “That this Council publicly condemns the Israeli Government’s human rights violations and demands that the UK Government call for a permanent ceasefire in Gaza”.

 

3. Withdraw any associations with the Israeli Government.

Recommendation 2):

i.               In the interests of transparency, the Council publishes details of whether the Council has formal associations with the Israeli government.

ii.              Requests that the Council reviews its contractual relations to establish if it has links with any of the companies named in the UN Human Rights Council’s list as part of the Council’s visible supply chain.

iii.             Notes the restrictions placed on local authorities in respect of the factors which they may take into account when procuring goods or services under Section 17 of the 1988 Local Government Act.

 

4. Prioritise human rights and equality in Rotherham’s international relations, especially for the Palestinian people.

Recommendation 3):

i.               The Council cannot implement this recommendation as it is stated in the petition as international relations fall to central rather than local government.

ii.               Notes that the Council no longer has active twinning arrangements, and it is not recommended that these recommence.

iii.             The Council notes that the strength of Rotherham’s local communities in supporting communities in need around the world. This includes promoting values such as human rights and equality which the Council supports.

 

5. Engage in dialogue with residents to develop a strategy for ethical local policies, specifically not to support countries with illegal occupations or companies benefitting from such activities.

Recommendation 4):

i.               That the Cabinet reiterates its commitment to its Ethical Procurement Policy and notes that the Council will always procure services in line with this Policy.

ii.              That the Council publishes an overview of its investments on its website.

iii.             That the Council requests that SY Pension Authority publishes its investments on its website.

iv.            Notes that the discretion of the Council to make ethical procurement decisions in respect of not supporting countries with illegal occupations or companies benefitting from such activities was removed under s.17 of the Local Government Act, 1988.

v.              To enable councils to reflect on the concerns of communities that they are elected to represent, that the Leader writes to the relevant Minister to a) request the repeal of those sections of the Local Government Act 1988 which prohibit councils from taking ‘non-commercial considerations’ into account when awarding contracts and b) in opposition to the Economic Activity of Public Bodies (Overseas Matters) Bill currently before Parliament.

 

6. Consider flag displays that better align with Rotherham communities’ values, promote inclusivity and display the Palestinian flag.

Recommendation 5):

i.               That the Council is requested to give approval to the display of the Palestinian flag as a gesture of solidarity to those in Gaza and the wider region who are affected by the conflict and support peace. This should coincide with the United Nation’s International Day of Solidarity with the Palestinian People (29 November 2024).

ii.              That the community considers organising a visible gesture of solidarity to those in Gaza and the wider region who are affected by the conflict and support peace. For example, this could include inter-faith, sporting or cultural events.

iii.             That elected members are reminded that under the existing Flag Protocol, a motion to support a cause or campaign, which by implication will include the flying of a flag, can be submitted to Council for decision.

7. Honour its commitment to being an Anti-Racist Town.

Recommendation 6):

 

i.               That the Overview and Scrutiny Management Board scrutinises how future Council Equalities Action Plans align with any relevant resolution outlined in the Anti-Racist Town motion, making recommendations for improvement as necessary.

 

8. Recognise that criticism of the Israeli Government does not equate to criticism of Judaism as noted by the IHRA definition of anti-Semitism.

 

Recommendation 7):

 

i.               That no further action is taken in respect of adopting an alternative definition of anti-Semitism.

ii.              That the Council notes that it is able to consider motions that provide equivalent definitions which seek to ensure clarity in respect of the other faiths should it resolve to do so.

2)    That the Leader writes to local MPs informing them of the agreed recommendations and any proposed actions resulting from these.

 

3)    That the decision of Cabinet is reported back to OSMB within two months of its submission.

 

4)    That the Cabinet Spokesperson continues to hold dialogue with Petitioners to continue to seek peace in Palestine and the Region.

5)    That Cabinet consider expediating the governance processes and provide updates to OSMB on progress against the recommendations.

The Leader noted the unusual step of receiving and responding to the recommendations in the one meeting. This reflected the strength of feeling in relation to the petition. A number of actions had been agreed. This included flying the Palestinian flag in November 2024. The Leader confirmed that he would write to the lead petitioner setting out a full response to the petition requests. Councillor Alam placed on record his thanks to OSMB for their work and reiterated the demand for a permanent ceasefire.

Resolved:

 

1)    That having considered the recommendations from OSMB in relation to the petition, Cabinet approve the following response, as set out in paragraph 3.2 of the report:

 

a)    Publicly condemn the Israeli Government’s human rights violations

 

Cabinet notes that the resolution of the Council on 28th February in response to the Petition included “…publicly condemning the human rights violations being conducted”. This includes human rights violations by the Israeli Government. As a consequence Cabinet is clear that the Council condemns human rights violations.

 

b)    Demand the UK Government call for a permanent ceasefire in Gaza.

 

Cabinet also notes that on the 28^th February the Council called on the UK Government for a permanent ceasefire to be adopted. This remains the position of the Council and Cabinet is again clear that the position of the UK Government should be (as it presently is) that there should be a permanent ceasefire in Gaza.

c)    That the Council issue a press release explaining the resolution agreed in the debate held on 28 February 2024.

A press release will be published explaining both the resolution agreed by Council on the 28^th February and additionally the outcome of the considerations of OSMB following this meeting.

d)    In the interests of transparency, that the Council publishes details of whether the Council has formal associations with the Israeli government.

 

Officers will consider this and write to the lead petitioner with the outcome of this work.

 

e)    That the Council reviews its contractual relationships to establish if it has links with any of the companies named in the UN Human Rights Council’s list as part of the Council’s visible supply chain.

 

Officers will consider this and write to the lead petitioner with the outcome of that work.

 

f)      Notes the restrictions placed on local authorities in respect of the factors which they may take into account when procuring goods or services under Section 17 of the 1988 Local Government Act.

 

Cabinet notes that the provisions of the Section above and this this curtails the factors that the Council is lawfully entitled to consider when making decisions on the procurement of goods and services.

g)    With respect to the request within the petition to prioritise human rights and equality in Rotherham’s international relations, especially for the Palestinian people, the OSMB response noted that the Council cannot implement this recommendation as it is stated in the petition, as international relations fall to central rather than local government.

 

Cabinet notes the OSMB response to this request.

 

h)    Notes that the Council no longer has active twinning arrangements, and it is not recommended that these recommence.

Cabinet notes the recommendation.

 

i)      Notes the strength of Rotherham’s local communities in supporting communities in need around the world. This includes promoting values such as human rights and equality which the Council supports.

 

Cabinet notes the recommendation.

 

j)      Reiterates its commitment to its Ethical Procurement Policy and notes that the Council will always procure services in line with this Policy.

 

Cabinet is pleased that the commitment to Ethical Procurement through its Policy is noted and that it guides our Services in procuring Services.

 

k)    Publishes an overview of its investments on its website.

 

Cabinet supports this recommendations and Officers will be asked to provide this information on the Council’s website.

 

l)      Requests that South Yorkshire Pension Authority publishes its investments on its website.

 

Cabinet will ask South Yorkshire Pension Authority to publish details of its investments on its websites.

 

m)  Notes that the discretion of the Council to make ethical procurement decisions in respect of not supporting countries with illegal occupations or companies benefitting from such activities was removed under s.17 of the Local Government Act, 1988.

 

Cabinet notes the recommendation.

 

n)    To enable councils to reflect on the concerns of communities that they are elected to represent, that the Leader writes to the relevant Minister to a) request the repeal of those sections of the Local Government Act 1988 which prohibit councils from taking ‘non-commercial considerations’ into account when awarding contracts and b) in opposition to the Economic Activity of Public Bodies (Overseas Matters) Bill currently before Parliament.

Cabinet agrees to this recommendation and the Leader will write to the relevant Minister to make this point.

 

o)    Approve to the display of the Palestinian flag as a gesture of solidarity to those in Gaza and the wider region who are affected by the conflict and support peace on the United Nation’s International Day of Solidarity with the Palestinian People (29 November 2024).

 

Cabinet agrees to this recommendation and approves the flying of the Palestinian Flag on 29th November.

 

p)    Notes the efforts of the community in organising visible gestures of solidarity to those in Gaza and the wider region who are affected by the conflict and support peace.

 

Cabinet notes the recommendation.

 

q)    That elected members are reminded that under the existing Flag Protocol, a motion to support a cause or campaign, which can include the flying of a flag, can be submitted to Council for decision.

 

Cabinet notes this recommendation and will ask that this information is included in the next bulletin that is produced for all Councillors.

 

2)    That the Leader writes to local MPs informing them of the agreed recommendations and any proposed actions resulting from these.

 

3)    That the decision of Cabinet is reported back to OSMB within two months of its submission.

 

4)    That the Cabinet Spokesperson continues to hold dialogue with Petitioners to continue to seek peace in Palestine and the Region.

 

5)    That Cabinet write to OSMB following the meeting with an update on the actions listed above.

 

6)    That the Leader write to the lead petitioner, explaining the outcome of the petition process.