Wrthi'n llwytho
Does dim crynodeb o'r cyfarfod hwn eto. Caiff crynodebau eu hysgrifennu pan fydd y cyngor yn cyhoeddi'r cofnodion, sef ei gofnod swyddogol o'r hyn a benderfynodd cyfarfod. Maen nhw fel arfer yn ymddangos ychydig wythnosau ar ôl y cyfarfod.
Response by the Cabinet Member: The response provided below will cover both aspects relating to the Powys Pension fund and the Council. Powys Pension Fund The Powys Pension Fund strongly believes that all companies have a responsibility to respect human rights, uphold policy commitments and act upon the guidance laid out in the UN Guiding Principles on Business and Human Rights (UNGPs) and other international standards. The Powys Pension Fund and the Wales Pension Partnership are currently acting on the advice provided by Nigel Giffin KC for the LGPS Scheme Advisory Board. We are aware of the more recently published advice that has been obtained by campaigners from Doughty Street Chambers which raises further questions. In response the Pension Scheme Advisory Board have issued a statement, which is set out below, this is now asking the Government for guidance around this and we await further developments on this. “29 August 2025 Board statement on Palestine Solidarity Campaign’s recent letter and position paper The Board is aware that many funds will have received a letter this week from the Palestine Solidarity Campaign, alleging that LGPS administering authorities are in breach of their legal obligations in relation to the ongoing humanitarian disaster in Gaza. The letter is accompanied by a more detailed position paper that has been prepared by senior lawyers at Doughty Street Chambers. The letter says that both the Secretary of State, as the responsible authority for the Scheme, and individual administering authorities must take action to address the very serious allegations it contains. Although the letter asks for a response within 21 days, the Board believes that it is more important to take the necessary time to consider the arguments made and the appropriate response to them. The Board has a long-established role in assisting funds to act collectively in responding to this kind of challenge and it will aim to do so again. That may include seeking further legal advice. Last year, letters were sent from PSC to funds that made similar allegations. In response the Board commissioned legal advice from Nigel Giffin KC which addressed the issues as they were understood in October 2024. Whilst the latest letter and position paper present more extensive, complex and specialist legal arguments than the earlier letter, they make no reference to the Giffin advice. While the principles set out in the earlier advice still hold, we recognise that the situation in Gaza is an evolving one and we need to consider whether, and if so what, further advice it would be helpful to provide funds and who would be best placed to provide that. The Board will also write to the Local Government Minister to ask for a Government statement on the issues raised – these matters of international law are clearly more in the competence of central than local government, something which the position paper acknowledges. In the meantime, funds may wish to review their Responsible Investment policies in relation to human rights abuses and ensure they are both satisfied with the content of those policies and confident they are being applied effectively in practice.” The Powys Pension fund has recently reviewed its Responsible Investment Policy and the Pensions and Investment Committee approved this at their meeting on the 3rd of September, the policy acknowledges investments in areas of conflict and will be regularly reviewed. We together with our colleagues across the Wales Pension Partnership are keeping the situation under constant review supported by the advice provided by the Local Government Pension Scheme’s (LGPS) Scheme Advisory Board. The WPP have recently made a further statement as follows: The members of the Wales Pension Partnership (WPP) acknowledge the concerns surrounding the humanitarian crisis in Gaza, In light of growing global tensions, we acknowledge the important ethical considerations raised. We recognise the ongoing engagement from various campaign groups and acknowledge, the seriousness of the concerns raised. The PSC’s analysis of international and domestic legal standards, including the duties of non-recognition and non-assistance, has been received by member funds for due consideration. The WPP is committed to engaging with these concerns in a transparent and responsible manner. We recognise the expectations of scheme members, to align investments with ethical and sustainable standards. The Local Government Pension Scheme Advisory Board (SAB) issued a statement on 29 August 2025 in response to these issues and intends to seek further guidance from the new Local Government Minister. SAB acknowledges the evolving nature of the situation and the need for ongoing review. WPP remains committed to responsible stewardship and will continue to engage constructively with stakeholders to ensure our investment approach reflects our values and legal obligations.” Powys County Council The council does not currently hold any investments in companies outside of our own Bank Accounts or lending to other Local Authorities. The Council contracts and purchases supplies from numerous companies. We undertake this activity is subject to Procurement (Wales) Regulations 2024 and the Procurement Act 2023, which sets out clear grounds whereby a contracting authority may exclude organisations from being awarded Council contracts. These include Mandatory Exclusion Grounds such as convictions for terrorism, bribery, corruption, money laundering, etc, plus, national security threats, and, Discretionary Exclusion Grounds such as poor past-performance, together with areas such as Environmental misconduct, Labour market misconduct and Professional misconduct. The Procurement Act 2023 has also introduced a Debarment List which is managed by the Procurement Review Unit, part of the UK Cabinet Office, which is responsible for publishing the Debarment List. This Debarment List is based on the mandatory or discretionary exclusions and Contracting Authorities must check the list to exclude organisations that are listed but as of 3rd Oct 25, no organisations have been added to this list. We have reviewed the UN Human Rights Council database of all business enterprises involved in the activities detailed in paragraph 96 of the report of the independent international fact-finding mission to investigate the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem and we have identified a small number of businesses from which the Council has made recent purchases; however, these businesses have not been listed within the Debarment List described above. If in future a supplier becomes listed on the central debarment register or otherwise meets a valid mandatory or discretionary exclusion ground, the Council would be legally required (or entitled) to exclude them in relevant procurements. We employ mechanisms which incorporate ethical screening / due-diligence criteria (e.g. environmental, labour, human rights) into the scoring, evaluation, and supplier selection process (so long as compatible with legal principles of fairness, non-discrimination and transparency). But we cannot legally adopt supplier exclusion criteria beyond those permitted by the Act/regulations, unless mandated by higher statute or regulation.
Rhaid i gynghorwyr ddweud pan fydd ganddyn nhw gysylltiad personol â rhywbeth sy'n cael ei drafod, fel swydd, eiddo neu aelod o'r teulu. Mae buddiant sy'n rhagfarnu yn ddigon cryf i'r cynghorydd adael yr ystafell fel arfer a pheidio â chymryd rhan.
Caiff datganiadau eu darllen o'r cofnodion unwaith y byddan nhw wedi'u cyhoeddi.
Dyw'r cyngor ddim wedi cofnodi presenoldeb ar gyfer y cyfarfod hwn.
Yn rhestru cynghorwyr presennol y cyngor yn unig. Nid yw aelodau cyfetholedig, swyddogion a chyn-gynghorwyr yn cael eu dangos.