Palestine Action: Proscription and Protests Debate
Full Debate: Read Full DebateLisa Smart
Main Page: Lisa Smart (Liberal Democrat - Hazel Grove)Department Debates - View all Lisa Smart's debates with the Home Office
(2 days ago)
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The right to peaceful protest is a cornerstone of a liberal democracy, but events over the weekend have set a dangerous precedent and risk having a chilling impact on free speech and legitimate protest in the UK. The arrest of 857 protesters under terror laws, following hundreds of arrests under the same powers last month, is deeply alarming. The Lib Dems warned that that would be exactly what happened when the Conservatives expanded terrorism powers in 2018. There is no doubt that those using violence, antisemitic abuse or hate speech must face the consequences, but those crimes are already covered by existing law. It cannot be right that simply displaying a placard in support of a proscribed organisation, while peacefully protesting, can result in a conviction and up to six months in prison. Will the Minister urgently review terrorism legislation, specifically as it is impacting the right to protest peacefully, to ensure it is proportionate and contains the nuance that it so clearly needs?
I am grateful to the hon. Lady, as always, for the sensible and reasonable tone in which she makes her remarks, but I have to say that I do not agree that the events of this weekend have had a chilling effect on our democracy. I think it is quite the opposite: tens of thousands of people came to London to exercise their absolute right to demonstrate on matters about which they are concerned. The overwhelming majority of people who came to London were able to do so in an entirely reasonable and lawful way. Only a very tiny minority were not able to do so in that way and deliberately sought to get arrested.
The hon. Lady asks entirely reasonably about necessity and proportionality, and about whether the Government intend to review existing legislation. She has raised that point previously, we have discussed it, and I know that the leader of her party, the right hon. Member for Kingston and Surbiton (Ed Davey), raised it over the summer recess. Of course we look very carefully at legislation, but the Government do not currently have any plans to amend the existing legislation. Not least in the light of the ongoing criminal proceedings relating to Palestine Action and the ongoing judicial review, it would not be appropriate to carry out a review at this time.
We think that the UK’s counter-terrorism legislation strikes the right balance between protecting national security and individual freedoms, including the right to the freedom of expression under article 10 of the European convention on human rights. The hon. Member for Hazel Grove knows the high regard in which I hold Jonathan Hall, the independent reviewer of terrorism legislation, and she knows that the legislative framework is subject to independent statutory oversight by the independent reviewer. The Government will of course consider any recommendations that he seeks to make. I have advised the hon. Lady previously to get in touch with him; I think that she has and I know that she will want to look very carefully at what he says.