As Madam Deputy Speaker observed the debate itself was only 90 minutes long so that "—it has to conclude at 5.27 pm—which means Back Benchers will be on a speaking limit of four minutes to begin with and that only a few will get in before the debate has to conclude." So it's quite impressive really that given the anemic amount of time found for the debate that there were things said in the debate that the Government thinks it cannot repeat in its own records.
Junior Minister Dan Jarvis (for Yvette Cooper was on bigger tings) promoting the Statutory Instrument (the so called Henry VIII power) said : "The group has a footprint in all 45 policing regions in the UK, and has pledged to escalate its campaign. This disgraceful pattern of activity cannot be allowed to continue. In applying the legislative framework, the Government assess that Palestine Action commits acts of terrorism.... Palestine Action has committed acts of serious damage to property, with the aim of progressing its political cause and intimidating and influencing the public and the Government. These include attacks against Thales in Glasgow in 2022 and against Instro Precision in Kent and Elbit Systems UK in Bristol last year. In such attacks, Palestine Action members have forced entry on to premises while armed with a variety of weapons, and damaged or demolished property, causing millions of pounds’ worth of criminal damage. As the House has heard, Palestine Action members have used violence against people responding at the scene. During Palestine Action’s attack against the Thales defence factory in Glasgow in 2022, the group caused over £1 million-worth of damage, including to parts that are essential for our submarines. Palestine Action Toggle showing location of caused panic among staff, who feared for their safety as pyrotechnics and smoke bombs were thrown into the area to which they were evacuating. When passing custodial sentences for the perpetrators, the sheriff said: “Throwing pyrotechnics at areas where people are being evacuated to cannot be described as non-violent.” The Government also assess that Palestine Action prepares for terrorism. The organisation has provided practical advice to assist its members in carrying out significant levels of property damage at targets right across the UK. For example, Palestine Action has released an underground manual that encourages its members to create small groups or cells and provides guidance about how to conduct activity against private companies and Government buildings. It explains how to operate covertly to evade arrest and provides a link to a website, also created by Palestine Action, which contains a map of target locations across the UK. The Government assess that Palestine Action promotes and encourages terrorism, including through the glorification on social media of its attacks involving property damage. Palestine Action’s attacks are not victimless crimes; employees have experienced physical violence, intimidation and harassment, and they have been prevented from entering their place of work. We would not tolerate this activity from organisations motivated by Islamist or extreme right-wing ideology, and we cannot tolerate it from Palestine Action. By implementing this measure, we will remove Palestine Action’s veil of legitimacy, tackle its financial support, and degrade its efforts to recruit and radicalise people into committing terrorist activity in its name. We must be under no illusion: Palestine Action is not a legitimate protest group. People engaged in lawful protest do not need weapons. People engaged in lawful protest do not throw smoke bombs and fire pyrotechnics around innocent members of the public. And people engaged in lawful protest do not cause millions of pounds’ worth of damage to national security infrastructure, including submarines and defence equipment for NATO. Proscribing Palestine Action will not impinge the right to protest. People have always been able to protest lawfully or express support for Palestine, and they can continue to do so."
Alistair Carmichael for the Liberal Democrats raised the point that : "The Minister has spoken about some of the history of this, but there is more recent history. The last Government introduced the Public Order Act 2023 to deal with Extinction Rebellion. The Home Secretary, who was then on the Opposition Front Bench, listed all the various crimes that could be dealt with. She said then: “the Government are extending powers that we would normally make available just for serious violence and terrorism to peaceful protest. Police officers themselves have said that this is, ‘a severe restriction on a person’s rights to protest and in reality, is unworkable’.”—[Official Report, 23 May 2022; Vol. 715, c. 63.] She was right then, and is wrong today, is she not?"
Richard Burgon said "I want to speak specifically about Palestine Action. It is most regrettable that the Government have tabled one order banning three organisations, when it knows that there is political disagreement on Palestine Action. That is no way to bring terror legislation to the House. I want to be clear and to put on the record that I would be supporting the order today if it referred only to the organisations Maniacs Murder Cult and the Russian Imperial Movement. Leading legal and human rights organisations Amnesty International and Liberty have condemned the proscription of Palestine Action. Liberty said: “Targeting a protest group with terrorism powers is a shocking escalation of the Government’s crackdown on protest...This move would be a huge step change in how counter-terror laws are applied.”
Amnesty International UK said: “We’re deeply concerned at the use of counter-terrorism powers to target protest groups...they certainly shouldn’t be used to ban them.”
They both urged the Home Secretary to rethink before bringing this to Parliament. Yesterday, several United Nations special rapporteurs, including those for protecting human rights while countering terrorism and for promoting freedom of expression, said they had contacted the UK Government to say that “acts of protest that damage property, but are not intended to kill or injure people, should not be treated as terrorism”. Likewise, Lord Charlie Falconer, the former Justice Minister, stated that the “sort of demonstration” seen at a military base by Palestine Action would not justify proscription as a terrorist organisation. Today, we are not voting on whether people agree with Palestine Action’s tactics; we are not voting on whether people think its aim is right or wrong. We are voting on whether the actions it has taken against property, not against people, should lead to its being treated as a terrorist organisation, when what it has done can be prosecuted as criminal damage. There is a long history of protest activity including acts of trespass, criminal damage, sabotage and more. Indeed, the Home Secretary’s recent statement repeatedly refers to criminal damage and the live court cases, showing that there is already legal provision to deal with Palestine Action.
There are a variety of potential consequences if the proscription of Palestine Action is passed. Supporting or joining Palestine Action could carry up to 14 years in prison. That risks criminalising thousands of volunteers and supporters. Thousands have supported or volunteered with Palestine Action, including nurses, students, retirees and professionals. Many have never engaged in direct action, but risk being criminalised. Today, I met representatives of Amnesty International who offered a number of frightening examples of how our constituents could be placed at risk of prosecution under section 12 of the Terrorism Act and could face a maximum sentence of 14 years if Palestine Action are proscribed.
According to Amnesty International, a person who tweets, “I oppose the war crimes in Gaza and I think that Palestine Action has a point,” could easily fall foul Toggle showing location of this provision, as could a person who says to another, “I do not support all the methods used by Palestine Action, but I think protest is important and I respect the personal sacrifices members of Palestine Action are willing to make, risking arrest to challenge war crimes,” or an individual with a placard that reads, “Palestine Action is peaceful—it should be de-proscribed.”
This legislation could affect constituents who have never been a member of Palestine Action and who have never and would never commit direct action. Speeches or comments they make in community meetings could be trawled, and they could end up facing legal proceedings resulting in a prison sentence of up to 14 years. That concerns us all. People out there view terrorism as meaning heinous acts such as shooting people, blowing people up, assassinating people and other acts of violence. I urge colleagues to consider the consequences for their constituents of proscribing Palestine Action alongside these other groups."
As expected Jeremy Corbyn had a good old waffle : ""As the debate opened, I intervened on the Minister, and I am grateful to him for giving way. I just need an explanation—I hope that we will get one—as to why groups are always put together in these orders and not dealt with separately. There are clearly different orders of concern here. I want to speak solely about Palestine Action.We live in a democratic society, and we have to understand where our rights have come from. The hon. Member for High Peak (Jon Pearce) represents the place where in 1932 the mass trespass took place, led by Benny Rothman—a Jewish activist in the Communist party at that time—who was demanding rights of access to the countryside. He was roundly condemned by all the mass media and the Government of the day, he was put on trial and he was put in prison. He was eventually released from prison after mass protests in his support. TWithout Benny Rothman and those others, that access to the countryside simply would not have happened at that time.We can look at all the other people who over decades of our history have stood up for free speech and democracy. We can go back to the Chartists, to the suffragettes and to those who campaigned to end apartheid in South Africa. Interestingly, during all the apartheid years, while the British Government did condemn the African National Congress and did indeed believe for a while that Nelson Mandela was a terrorist, they never banned the ANC in Britain, because they were advised that it was important that there should be a place where people could express that voice of hope for the end of apartheid. [Were they? Or did Mrs Thatcher just not think of it and not have a statutory instrument she could activate in only 90 minutes?] The women who went to Greenham Common to protest about the deployment of nuclear weapons there were never labelled as terrorists either. Yes, they were charged with criminal trespass, as many others have been. Indeed, those who undertake direct action are well aware of the risks they take. However, it crosses an enormous threshold to suddenly make such an announcement about Palestine Action, which speaks out against the horrors of what is happening in Gaza, where hundreds are mown down every day by the Israel Defence Forces simply for queuing for food when they are desperately hungry and their children are starving. Surely we should be looking at the issue that Palestine Action is concerned about, as well as the supply of weapons from this country to Israel, which has made all that possible. If the order goes through today, it will have a chilling effect on protest. I quote a letter sent to the Home Secretary on 28 June: “Direct action is a longstanding and respected part of British political history. From the suffragettes chaining themselves to railings, to striking miners, to anti-apartheid campaigners occupying institutions and disrupting trade, civil disobedience and direct action have always been necessary forces for progress and justice.”"
The debate started at 3.57pm and the House divided to vote at 5.26. Exactly an hour and a half. Just slightly less than 14000 words were spoken. Apart from Mr Javis who was bringing the statutory instrument only Conservative opposition Assistant Whip Harriet Cross (what the late Pillip Martin would have described as "one of nature's number twos") spoke in favour of the motion. Clearly the arguments for proscription are so self-evident that it only took two people to express them. Proceedings then moved to the House of Lords who rubber stamped it and Palestine Action was thus officially proscribed on the stroke of midnight...
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