23.06.17
Court rules government blocking of pension divestment boycotts unlawful
The government acted unlawfully by trying to block councils from pursuing divestment boycotts and sanctions against Israel through their pensions schemes, a court has ruled.
Last week, PSE reported that campaigners for the Palestine Solidarity Campaign (PSC) had launched a legal battle against the government as it argued that Sajid Javid may have acted unlawfully by trying to stop ethical divestment by councils from companies complicit in the occupation of Palestine.
Administrative Court judge Sir Ross Cranston granted the judicial review yesterday and determined that the government had acted improperly by enforcing guidance governing investment by Local Government Pension Schemes.
The guidance was announced by DCLG in 2016 to curtail divestment boycotting campaigns against Israeli and international firms, meaning pension holders would have been forced into investing in companies that may have been complicit in human rights abuses in Palestine.
Campaigners commented that the ruling represented “a victory for Palestine, for local democracy and for the rule of law,”
“Absolutely everyone has a right to peacefully protest Israel’s violation of Palestinian human rights,” said Hugh Lanning, chair of the PSC. “This ruling upholds the right of local councils and their pension funds to invest ethically without political interference from the government of the day.”
Director of the PSC Ben Jamal added: “Our recent YouGov polling shows 43% of the public think BDS is reasonable.
“We couldn’t be happier that this right has been upheld by the court in the month the illegal occupation of Palestine turns 50 years old. PSC will take forward its campaign for justice for the Palestinian people with renewed vigour.”
Finally, Jamie Potter, partner in the Public law and Human Rights team at Bindmans LLP, who led the legal case, said: “This outcome is a reminder to the government that it cannot improperly interfere in the exercise of freedom of conscience and protest in order to pursue its own agenda.”
PSE contacted DCLG for comment, but at the time of publication had not received a reply.
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