Palestine Action: Proscription and Protests

Before we come to the urgent question, I should remind hon. Members to avoid referring directly to criminal cases that are currently before the courts. There is also an active application for judicial review relating to the proscription of Palestine Action. I have decided to grant a waiver in relation to that case, as it concerns a matter of public order in which there is significant public interest. Members may therefore refer to that case.

(Urgent Question): To ask if the Home Secretary will make a statement on the proscription of Palestine Action and public protest.

Anyone who wishes to demonstrate about the humanitarian situation in Gaza or the actions of any Government, including our own, has the absolute freedom to gather with others and voice their views, provided that they do so within the law, but supporting Palestine and supporting a proscribed terrorist organisation are not the same thing. The vitally important issue of Palestinian rights should not be co-opted by one organisation that has shown that it is willing to use violence in pursuit of its cause. The clear advice and intelligence given to the then Home Secretary earlier this year was that Palestine Action satisfied the relevant tests in the Terrorism Act 2000 and should be proscribed.

Some of those holding placards in support of Palestine Action may not know the extent of its activities. It has conducted an escalating campaign involving intimidation and sustained criminal damage, including to Britain’s national security infrastructure. Some of its attacks have involved the use of weapons, resulting in alleged violence and serious injuries to individuals. Palestine Action’s members have been charged with violent disorder, grievous bodily harm with intent, actual bodily harm, criminal damage and aggravated burglary—charges that include, in the assessment of the independent Crown Prosecution Service, a terrorism connection.

These are not the actions of a legitimate protest group, and for a Government to ignore expert security assessments, advice and recommendations would be highly irresponsible. Were there to be further serious attacks or injuries, questions would rightly be asked about why action had not been taken.

The Metropolitan police has confirmed that a total of 890 arrests were made at a demonstration in central London on Saturday. Most of those were under section 13 of the Terrorism Act 2000 for displaying articles in support of Palestine Action. Thirty-three people were arrested for other offences, including 17 assaults on police officers. As the Metropolitan police has pointed out, that was in stark contrast to the 20,000 people who peacefully marched and attended the Palestine Solidarity Campaign demonstration.

Order. I do not know who is doing the speeches, but I am going to crack down on Ministers and shadow Ministers if they do not keep to three minutes. I have to get Back Benchers in. Does the Minister agree to stick to the time in the future?

Thank you—I am glad that there is some acknowledgment.

Nearly 1,500 people have now been arrested because of concerns about proscription. There is clearly a problem with violence and intimidation in our politics, and we have to get this right because public confidence is falling, too. I am not here as a supporter or defender of Palestine Action and its tactics. I condemn without hesitation abuse, intimidation and attacks on the police and any political opponent. The case for acting on the group itself was and is strong. We have seen a pattern of violence at its events, and it has not dissociated itself from that violence. But we also see police and refugees being targeted for violence alongside those who want to protest about immigration matters—banners that say, “Kill ‘em all, let God sort ‘em out!”, neo-Nazi groups circling. We cannot ignore the impact on policing on our streets because of these incidents, but this is just not sustainable for our police or our criminal justice system.

There is a difference between people protesting using violence and people protesting the use of proscription. If we do not get the response right, if we continue to arrest those in that secondary category, the seriousness of the term “terrorism” risks losing its meaning and becoming diluted rather than strengthened. Proscription was supposed to be about stopping those inciting direct harm and violence. Going after somebody with a poster testing the boundaries of liberty—many of whom are clear that they do not support Palestine Action, but feel strongly about Palestinian rights or free speech—confuses rather than clarifies the Government’s intention. People must be able to protest what is happening in Gaza, and the focus should be on what is happening in Palestine, not Parliament Square.

I asked for this urgent question because I think it is for us to act. Legislation on public order focuses on specific Acts; proscription orders target specific terrorist groups. Nothing sits in between. Given that, what discussions has the Minister had with the police about distinguishing between members of Palestine Action and people concerned about proscription itself? [Interruption.] The offence of recklessly encouraging support of a proscribed group runs counter to that focus on criminality. If he will not abolish that offence, will he at least set out guidance to the Crown Prosecution Service and the police on any public interest test in using it? The previous Policing Minister—

Order. This is what happens. I granted the urgent question because I thought it was important to hear you, and you were advised that it was two minutes. I think you have now finished or are about to.

I do apologise, Mr Speaker. I was advised that it was three minutes, but that is my fault.

Terrorism is different from terrorising opponents, but both should be criminal offences. Will the Minister commit to a review of that section so that we can get it right for the sake of our democracy?

Order. I believe the advice was corrected to two minutes. [Interruption.] That is correct. I do not want my department to be blamed.

I am genuinely grateful to my hon. Friend for bringing these issues to the House. They are important, and it is right that Ministers are held accountable for them.

I am sure that the whole House will agree with my hon. Friend’s remarks about violence and intimidation, which have absolutely no place in our politics. She will be aware that there is a significant body of work taking place across Government, co-ordinated by the defending democracy taskforce, to ensure that all our elected representatives are able to do their duty and represent their constituents without fear or favour. The Government take that very seriously indeed.

My hon. Friend made a number of points, and I will struggle to respond to all of them. She will understand that the police are operationally independent of Government, but of course we remain in regular contact. It is important to take this opportunity to thank the police for their important work. They come under a huge amount of scrutiny—rightly so—but I think we saw at the weekend an impeccable police operation in which brave officers stood and did their duty, at least 17 of whom were allegedly assaulted in the line of duty.

The final thing to say to my hon. Friend relates to drawing the distinction, as she will well understand, on the absolute right of anybody in our country to express their concern about the desperately difficult situation in the middle east and more specifically in Gaza. The ability to go to the streets and join others in expressing individual or collective concern about unfolding events, be they in this country or further afield, is a cornerstone of our democracy. This Government would never do anything to get in the way of that. It was interesting that tens of thousands of people took to the streets this weekend and were able to express their concern in an entirely lawful way.

My hon. Friend asks about whether we are seeking to review any elements of the Terrorism Act. It is worth pointing her to the recently published article by Jonathan Hall KC, the independent reviewer of terrorism legislation, who said with regard to tackling Palestine Action that

I call the shadow Home Secretary.

We—in common, I hope, with everyone in this House—fully and unequivocally support the right to peaceful protest, including on issues in the middle east, whether the hostages who remain captive or civilians in Gaza, whose plight concerns us all. However, in exercising that right to protest, violence is never acceptable. Palestine Action has committed deliberate criminal damage against various premises, used a sledgehammer to attack a police officer, and deliberately sabotaged RAF planes. No matter how strongly people feel about an issue, and whatever the rights and wrongs of that issue, using violence to advance a political agenda is never acceptable. It is not how we do things in this country; we settle things through debate and elections.

The Security Minister has given the House assurances about the necessity of this measure. I have not been briefed, or been offered a briefing on that, but the Minister commands widespread respect across the House, and Members will take his assurances seriously. Will he give an assurance that the police are taking all possible preventive action against Palestine Action where it may be planning future attacks against premises, or future acts of violence, including using the offence of conspiracy to commit public nuisance, under which the police have wide-ranging powers? I join the Minister in extending my thanks to the police for the difficult work they do keeping us safe.

Finally, I will use this opportunity to express my support for a protest that took place on Sunday in Parliament Square, and the Campaign Against Antisemitism march, which I addressed. It was regrettable that neither the Home Secretary nor a senior Minister addressed that march, so will the Security Minister take the opportunity to express the Government’s resolve to combat antisemitism wherever it is found?

I am grateful to the shadow Home Secretary for his remarks and the tone of them. On his final point, yes, let me take the opportunity, on behalf of His Majesty’s Government, to state our absolute abhorrence of antisemitism wherever it rears its ugly head. I hope he knows that the Government will do everything we possibly can to stand against the forces of racism wherever they seek to rear their ugly head.

I completely agree with the right hon. Gentleman that violence is never acceptable in pursuing a political agenda, and I am pleased that we are able to establish a consensus across the House in that regard. On his point about briefings, we briefed the shadow Minister ahead of the proscription action back in July, and as he knows, I would be happy to brief him on Privy Council terms whenever he should wish. I am also able to give him the assurances that he seeks about the work the police are doing. As a former Home Office Minister he knows that the police are operationally independent, but I assure him that the police will be taking all necessary measures to guard against future attacks. I am happy to speak to him about those matters further, and I am grateful for his support for these matters today.

As I understand, convictions simply for displaying the name of a proscribed group have been extremely rare unless there has been clear evidence of intent to promote a group’s more extreme actions. If that is the case, and as it is clear that the acts of protest and civil disobedience seen in recent days are not acts that would ordinarily form part of a case for proscription, why do the police not simply stop the arrests?

I take the opportunity to acknowledge the difficult job that the police do. In my experience, recently and over a longer period, the police have done an excellent job, often under very difficult circumstances. It is important that we consider proportionality. These operational judgments have to be made by the police, often on the ground and often under pressure or in difficult circumstances. It is also important that we consider that we would not tolerate the kind of activity that we have seen in recent days and weeks from an organisation that was motivated, for example, by Islamist extremism, or by an extreme right-wing ideology. Similarly, we cannot tolerate that activity from Palestine Action, and this Government will support the police in doing the difficult job that we have asked them to do.