Gaza Protests: Anti-terrorism Legislation
Debate between Lord Hain and Lord Hanson of Flint(1 week, 4 days ago)
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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.
Palestine Action Protests: Arrests
Debate between Lord Hain and Lord Hanson of Flint(1 month, 4 weeks ago)
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The Minister of State, Home Office (Lord Hanson of Flint) (Lab)
My Lords, this Government uphold the democratic right for people to be free to express their views, but they should do so within the bounds of the law. The proscription of Palestine Action does not diminish the right to lawfully protest or support Palestinian rights. The use of police powers and the management of protests are operational matters for the police, who are operationally independent of government.
Lord Hain (Lab)
My Lords, more than 200 people have been arrested across the UK, protesting entirely peacefully for Palestinian rights, one a retired woman priest aged 83 and another for holding up a Private Eye cartoon. Surely this is an unjust, perverse but entirely predictable consequence of the proscription of Palestine Action, or are the police getting it wrong, as was argued in the High Court on Monday? How on earth do the police distinguish between those supporting Palestine Action, now an offence, and those objecting to its proscription without necessarily supporting it? How have we got to the point where peacefully holding up a placard about the carnage in Gaza is equated with terrorism by al-Qaeda on 9/11 or Islamic State on countless occasions? Should not the police be concentrating on stopping real terrorism and real crime, not targeting peaceful protesters?
Lord Hanson of Flint (Lab)
As I have said to the House, both at the time of the proscription order going through this House but also now, peaceful protest around the issue of Palestine is entirely legitimate if people wish to make that protest. The question is what is defined under the proscription order. The proscription order ensured that action was taken because Palestine Action has perpetrated attacks in which it has forced entry on to premises armed with weapons and smashed up property, and members of the organisation have used serious violence against responding individuals. That judgment has been given to us by the security services as part of the proscription order.
A High Court judgment is being considered; the judicial review took place on 21 July and the judgment will be handed down on 30 July, but in the meantime the police have to enforce the proscription order—but they also have to ensure that peaceful protest is allowed. The decisions are taken by the police, and they will be accountable for them in due course.