High Court hears legal challenge over council motions on Israeli settlements
The High Court has today begun hearing a judicial review challenge over motions passed by three local authorities in relation to business dealings and Israeli settlements.
The legal action against Leicester City Council, the City and County of Swansea and Gwynedd Council is being brought by Jewish Human Rights Watch.
The motions were:
1. Swansea: on 17 June 2010 the council approved the following motion: “The UN not only does not recognise Israel’s annexation and occupation of East Jerusalem, but has repeatedly stated its view that the Israeli settlements in East Jerusalem and the West Bank contravene international law, and it has demanded that Israeli settlement activities and occupation should not be supported. The international trading company, Veolia, is a leading partner in a consortium seeking to build a light railway system linking Israel to illegal settlements in occupied East Jerusalem, a project that clearly not only contravenes UN demands but is in contravention of international law. This Council therefore (1) Notes with regret that Veolia is involved in (or will be seeking) contracts with the City & County of Swansea…(2) Calls on the Leader & Chief Executive to support the position of the UN in regards to the Israeli settlements in East Jerusalem, so long as to do so would not be in breach of any relevant legislation….(3) And asks the Leader & Chief Executive to note that Council does not wish to do business with any company in breach of international law or UN obligations or demands, so long as to do so would not be in breach of any relevant legislation.”
2. Gwynedd: On 9 October 2014 the council passed this motion: “Following the latest attacks by the Israeli State on the territory of the Palestinians living in the Gaza Strip, this Council calls for a trade embargo with Israel and condemns the over-reaction and savageness used. Furthermore, we confirm and underline this Council’s decision to stop investing in Israel or in that country’s establishments. We believe that if Gwynedd leads the way there is hope that other councils in Wales and beyond will follow our example.” It was emphasised during the debate that the proposed motion condemned the Israeli State and not the Jewish religion.
3. Leicester: on 13 November 2014 Leicester City Council resolved “insofar as legal considerations allow, to boycott any produce originating from illegal Israeli settlements in the West Bank until such time as it complies with international law and withdraws from Palestinian Occupied territories”. The council insisted that the motion had never been a boycott of Israel by Leicester. “The motion relates specifically to the council’s procurement policy and produce originating from illegal Israeli settlements in the West Bank,” a spokesman said in August 2015.
Lord Justice Simon and Mr Justice Flaux were due to begin hearing Jewish Human Rights Watch’s challenge today (4 May). The hearing is expected to last two days.
A Gwynedd Council spokesperson said: “It would not be appropriate for us to comment regarding this matter due to ongoing legal proceedings which the Council is defending.”
In February this year the Crown Commercial Service issued guidance saying that public procurement should never be used as a tool to boycott tenders from suppliers based in other countries, “except where formal legal sanctions, embargoes and restrictions have been put in place by the UK Government”.