Gaza Protests: Anti-terrorism Legislation
(Limited Text - Ministerial Extracts only)
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Lord Strasburger
To ask His Majesty’s Government, following further arrests of people protesting about the situation in Gaza, whether they are reviewing the appropriateness of using anti-terrorism legislation in relation to peaceful protest; and what assessment they have made of the implications for the UK’s international reputation.
The Minister of State, Home Office (Lord Hanson of Flint) (Lab)
The Government currently have no plans to amend the existing legislation. Palestine Action has satisfied the test in the Terrorism Act 2000, having conducted an escalating campaign involving intimidation and sustained criminal damage. Some of its members have been charged with serious and violent offences. In passing, I thank the police for their professionalism in policing recent protests. The House should note that there were 17 arrests for assaults on police officers at the demonstration on 6 September, which is totally unacceptable.
Lord Strasburger (LD)
I thank the Minister for his sadly predictable reply. Using terrorism laws on peaceful, elderly protestors is ridiculous. They are no more terrorists than the Minister himself. This absurd misuse of terrorism legislation is deeply damaging to our freedom of speech. Will the Government please stop shooting the messengers in Parliament Square and start listening to their message, which is that Britain is doing nowhere near enough to stop the daily atrocities in Gaza?
Lord Hanson of Flint (Lab)
The noble Lord should know that 20,000 people marched in support of Palestine in a recent demonstration, with totally peaceful activity and no arrests. There was no support for and encouragement of the type of activity undertaken by Palestine Action. As Ministers, we received an assessment from the Joint Terrorism Analysis Centre which said that it meets the tests of the Terrorism Act 2000. Are we to ignore that?
The powers in this legislation mean that to support Palestine Action publicly is to commit an offence. If the police, as they did on 6 September, make judgments to make arrests, those arrests and potential charges will be put by the CPS before the court and an individual will be charged, convicted and sentenced accordingly. It does not matter whether they are elderly or otherwise; the offence is defined very clearly under the Terrorism Act and the threshold for that Act has been met. If I am predictable in saying so, it is because I am fulfilling a duty on behalf of the UK to keep businesses and people safe from violent terrorist activity.
Lord Clarke of Nottingham (Con)
My Lords, a perfectly good case can be made for proscribing Palestine Action, and I agree with that decision, but does the Minister know that in this country there has always been discretion not to prosecute in a case where there is no public interest in arresting and prosecuting? Does he not accept that what is happening with the arrest of hundreds of harmless old ladies simply for holding a placard is exactly what the demonstrators want the police to do? They see it as giving valuable positive publicity to their views on Gaza and the survival of the proscribed organisation. Could he at least discuss with the police authorities whether it is really in the public interest to carry on using these massive police resources for what is a counterproductive effect?
Lord Hanson of Flint (Lab)
The police do have discretion; it is not for Ministers to order arrests or bring forward charges. It is for the police at a local level to interpret the legislation that has been passed overwhelmingly by the House of Commons and this House to proscribe the organisation. I say “proscribe the organisation” because, on advice, the organisation has met those tests.
If people wish to protest in support of Palestine, they can do so. They can march, protest, criticise Israel and make their views known on Palestine, but Palestine Action has crossed that threshold. As the noble Lord is a former Home Secretary, he will know that it is now for the police to make their judgments on that, and for the CPS to decide whether charges should be brought forward and for individuals to be prosecuted accordingly. We have put in place legislation that draws a line in the sand on the actions of Palestine Action. I hope people will not mistakenly support those actions while still supporting the state of Palestine, if they wish to, and making any criticism they wish to of the State of Israel.
Lord Hain (Lab)
My Lords, can I ask my noble friend how exactly the arrests on terrorism charges of over 1,000 peacefully protesting retired magistrates, as well as vicars, priests, war veterans and descendants of Holocaust survivors, help combat real terrorists like Hamas, al-Qaeda, Islamic State and, in the past, the IRA, who have deliberately targeted and murdered innocent bystanders? He and I worked together in Northern Ireland, so he will know about this. Should our hard-pressed police not be prioritising real crime, such as shoplifting, burglaries and anti-social behaviour, instead of being forced to frog-march normally law-abiding middle-Britain citizens into further clogging up our courts?
Lord Hanson of Flint (Lab)
My noble friend and I have worked in Northern Ireland and on terrorism-related issues. If he received a report from the Joint Terrorism Analysis Centre saying that Palestine Action had met a threshold for terrorist activity, I doubt very much that he would not have signed that order as my right honourable friend the Home Secretary did. We have done that because Palestine Action has already had people convicted of not just criminal damage but intimidation and physical threats. There are cases about which I cannot comment that are before the courts; there are allegations around a range of other behaviours and there is strong evidence from JTAC about underground cells and plots against defence organisations and others.
Again, if people wish to hold up a placard saying, “I support Palestine Action”, that is an offence under the terms of the terrorism prevention order that we have. People are sometimes mistaken in their conflation of support for Palestine and support for Palestine Action. That is where the dividing line should be.
My noble friend says that we should concentrate on neighbourhood policing, shoplifting and other things. I just say to him that ensuring 13,000 new police officers will be on the beat over these four years, introducing measures on shop theft in the Crime and Policing Bill and conducting a drive to tackle anti-social behaviour are all things that this Government are doing. But we in this House and in this Government have a duty to protect our citizens against terrorism activity. When we get advice that this threshold has been crossed, it would be irresponsible of me and other members of the Home Office Ministerial team to ignore it.
Lord Hogan-Howe (CB)
My Lords, a Labour MP recently commented that the people who have been arrested were not, in fact, supporting terrorism but objecting to the prohibition of the group. This is a very fine distinction for the police to try to make on the streets. Surely we should all be supporting the police because, after all, this is a logical consequence of prohibiting the group and having a law to make sure that support for terrorism is illegal, which was passed by this place and another. The Government must have considered that this group had some mass support for its general intent, if not its methods. This is one of the consequences that the police will have to try to resolve, and we all need to support them until this matter is resolved politically.
Lord Hanson of Flint (Lab)
The police are acting extremely professionally, and I am grateful for their support on this matter. I assure the House that it is not an offence to say, “I wish to see the Palestine Action proscription overturned”. People can hold a placard saying that, but they cannot say, “I support Palestine Action”. In the same way, because of the tests that have been made under this legislation, they cannot say, “I support Hamas”.
I hope the police will exercise their discretion and examine those issues, and the CPS will do the same, but under the legislation there has to be a clear line in the sand. The JTAC assessment to Ministers was that this line had been crossed. Therefore, we have had to take action. I will continue to support the police in their difficult task of interpreting that action in an executive way, which it is not my responsibility to do.
The Earl of Effingham (Con)
My Lords, peaceful protest about the unspeakable suffering in Gaza is entirely legal and allowed, but supporting an organisation which has been proscribed by Parliament, and which engages in illegal activity, allegedly including hospitalising a female police officer, should not be permitted. How will the Government explain the reality to the public and ensure that this distinction is crystal clear?
Lord Hanson of Flint (Lab)
I am grateful for the noble Earl’s support. We will do that and have done that, but there are several cases pending on which we are not able to comment. Therefore, I hope the public will accept and understand the reasons why that assessment has been made, but he is absolutely right in his comments .
Baroness Doocey (LD)
I absolutely condemn any demonstrators who attack the police; they should face the full force of the law. However, I have no doubt that the current approach is unsustainable. It blurs the line between violent or subversive action and legitimate, peaceful protest. The front-line police officers are strictly following the letter of the law in the name of national security, but does the Minister honestly believe that mass arrests of clearly well-intentioned members of the public are proportionate, necessary and wise, or that they serve the public interest?
Lord Hanson of Flint (Lab)
Again, I am in danger of repeating myself to the House, but I have to, because the situation is quite clear: there is a line in the sand drawn by legislation passed by this House in 2000 on what a proscription order test is. We have had advice on that proscription order test and have passed legislation in both Houses which proscribes the particular organisation. Proscribing it then bans certain activity, of which protest in support of that organisation is one, not protest against the proscription in the first place. If that line is crossed, it is then for the police to exercise their discretion, for the CPS to determine whether charges should be brought and for a court to determine the activity.
None of that at all stops anybody from walking into Parliament Square today, standing up and condemning the State of Israel, protesting in favour of Gaza and for a Palestinian state, or condemning this—or any other—Government about our actions in favour of or against Palestine and a Palestinian state.
However, the line has to be drawn, and it has been. I hope those individuals who support Palestine will say so in a way that meets the legal obligations of free protest, but does not support organisations which, as the noble Earl said, cause criminal damage, have destroyed businesses, have carried out three major attacks, have thrown fireworks and pyrotechnics, have assaulted people in those buildings and have several court cases ahead. When they come out, if convictions are pursued, they will again show that there is further evidence in support of the actions that the Government have taken.