Palestine Action terror ban made UK ‘international outlier’, High Court told
Banning Palestine Action as a terror organisation had the hallmarks of a “blatant abuse of power” and made the UK an “international outlier”, the High Court has heard.
The group’s co-founder Huda Ammori is making a bid to legally challenge Home Secretary Yvette Cooper’s decision to proscribe the group under anti-terror laws, announced after the group claimed an action which saw two Voyager planes damaged at RAF Brize Norton on June 20.
The ban means that membership of, or support for, the direct action group is now a criminal offence punishable by up to 14 years in prison.
Challenge
On July 4, Ms Ammori failed in a High Court bid to temporarily block the ban coming into effect, with the Court of Appeal dismissing a challenge over that decision less than two hours before the proscription came into force on July 5.
The case returned to the High Court in London on Monday, where lawyers for Ms Ammori asked a judge to grant the green light for a full legal challenge against the decision to ban the group, saying it was an “unlawful interference” with freedom of expression.
Raza Husain KC said: “We say the proscription of Palestine Action is repugnant to the tradition of the common law and contrary to the ECHR (European Convention on Human Rights).”
The barrister continued: “The decision is so extreme as to render the UK an international outlier.”
Mr Husain added: “The decision to proscribe Palestine Action had the hallmarks of an authoritarian and blatant abuse of power.”
“The consequences are not just limited to arrest,” Mr Husain later said, telling the court there was “rampant uncertainty” in the aftermath of the ban.
Blinne Ni Ghralaigh KC, also for Ms Ammori, later said: “The impacts (of proscription) have already been significant.”
She continued: “Dozens and dozens of people have been arrested for protesting, seated and mostly silent protest.”
The barrister later told the court that Merseyside Police had bailed arrested protesters with a condition not to mention Palestine.
“People have been bailed to not mention Palestine?” Mr Justice Chamberlain asked, with Ms Ni Ghralaigh replying: “It is a condition of bail that they do not mention Palestine.”
“The Secretary of State has not distanced herself from any of these actions,” she continued, adding that Ms Cooper had not described actions like this as an “overreach”.
Defense
The Home Office is defending the legal challenge.
Previously, Ben Watson KC, for the Home Office, said Palestine Action could challenge the Home Secretary’s decision at the Proscribed Organisations Appeal Commission (POAC), a specialist tribunal, rather than at the High Court.
Sir James Eadie KC, representing the department on Monday, said that an “exceptional case” would be needed for it to go to the High Court, rather than the POAC.
He said: “Judicial review is, and has been accepted to be, a remedy of last resort and that is for very good and well-established reasons.”
However, Mr Husain told the court on Monday morning that the POAC was not “convenient nor effective” in this case.
He continued: “It would be quite absurd to say that we should tolerate the consequences of the proscription… even if it is unlawful, and just go to POAC.
“That is an absurd position.”
‘No credible basis’
In written submissions, Sir James said that by causing serious damage to property, Palestine Action was “squarely” within part of the terrorism laws used in proscription.
He said: “There is no credible basis on which it can be asserted that the purpose of this activity is not designed to influence the government, or to intimidate the public or a section of the public, and for the purpose of advancing a political, religious, racial or ideological cause.”
Ms Cooper announced plans to proscribe Palestine Action on June 23, stating that the vandalism of the two planes, which police said caused an estimated £7 million of damage, was “disgraceful”.
More than 100 people were arrested across the country during demonstrations this weekend protesting against the proscription, with protests held in London, Manchester, Edinburgh, Bristol and Truro on Saturday.
Saturday’s arrests brought the total number of people arrested since the ban came into force to more than 200, with more than 72 arrested across the UK last weekend and 29 the week before.
The hearing before Mr Justice Chamberlain is due to conclude on Monday.
The hearing before Mr Justice Chamberlain concluded on Monday, with the judge saying he would give his decision on July 30.
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The tine is right for out independent judiciary to make the correct decision to remove the proscription on Palestine action. The right to protest is a fundamental right that we have enjoyed in the UK. This has to continue.
What about banning support for the terrorist state of Israel,for the genocide of 60000 civilians, including women and children. Instead, our government prefers to ban an organisation responsible for painting 2 aeroplanes.
Our government, the Senedd should start to act independently of the UK government and more vociferously condemn the murderous Israeli regime.
So-called ‘Welsh’ Labour won’t, they are merely a local branch of English Labour. They aren’t capable of independent thought or action, all they can do is what their masters in London tell them to do.
I think the Government after the events at Brize Norton should thank this group for highlighting the incredibly poor and ineffective security in place at such a sensitive military site… perhaps The Government’s heavy handling of this group is a knee jerk reaction to overshadow their embarrassment…
Of course it is. Just imagine, if a couple of civilian activists can get into an air base and (allegedly) cause serious damage then what could a special forces team achieve? Sheer havoc.
Someone in the RAF needs sacking.
The British Government (Labour Friends of Israel) are complicit with the genocide!
Careful now you’ll be accused of antisemitism and thrown into jail as a terrorist.
I’ll say it too. The British Government is complicit in genocide! Go on arrest me British police!? If that’s the only way to draw attention to the genocide in Gaza, then I welcome it!
And another good reason for Wales to quietly back away from the insane UK.
This vicious and cowardly man is intent on keeping Britain on a very wrong and very dangerous part of history. Wales should not be dragged down into the gutter with them.
So, let’s get this right now. Kent Police tell silent protesters that having Palestine written on a placard is illegal and that they will be arrested if they don’t hand over their details and stop protesting. Merseyside Police have banned people being bailed from mentioning the word Palestine. So not only has Palestine Action been prescribed as a ‘Terrorist organisation’, but now we already have two documented cases of English Police Constabularies intimidating protestors or legally gagging them. Right then, so the choice for UK Government now is between the moderately Fascist, quite Fascist or the full blown Fascist. What’s… Read more »
Beautiful words. Allah willing, the judiciary will overturn this ban. The time is right.
Alsalam ealaykum, my friend. As a man who understands my people’s history and the recent history of genocide on the island of Ireland where, like many others, my ancestors once walked, it is impossible for me to deny the truth of genocide in Gaza and the illegal occupation by Israel of the West Bank. More than that though I recognise the truth of the Palestinian people who are unique ethnic group many of whom have lived on the same land for 20,000 years. I despair at the ignorance and indifference of so many on my island to a genocide in… Read more »