Question to the Home Office:

To ask the Secretary of State for the Home Department, whether the policy intention of the proscription of Hamas was to leave unrestricted the scope for public bodies to support UK-based civil society organisations to conduct (a) cultural, (b) educational, (c) commercial or (d) humanitarian work in Gaza.

Hamas’ proscription was extended to cover the organisation in its entirety in November 2021 because it was assessed that the distinction previously maintained between the military and political wings could no longer be maintained. Hamas is a single, complex organisation which commits and participates in acts of, prepares for, and promotes terrorism.

Hamas is designated in its entirety by a number of the UK’s international partners, including the EU, US, Canada and Australia.

The Terrorism Act (TACT) 2000 does not prevent organisations operating overseas in high-risk jurisdictions from carrying out legitimate activities. In October 2020, the Government published on GOV.UK an information note on operating within counter-terrorism legislation, sanctions and export controls. The note directs users to the guidance available to support the delivery of legitimate activities and addresses concerns about the risk of prosecution.

The note provides information on the defence provided by section 12(4) of TACT 2000, which is intended to permit the arrangement of genuinely benign meetings with a proscribed organisation; and information on section 21ZA of TACT 2000, which allows organisations to seek a defence to carry out a transaction that would otherwise be a terrorist financing offence by seeking prior consent from the National Crime Agency.