High Court Declares Palestine Action Ban Unlawful in Landmark Ruling
In a significant legal development, three senior High Court judges have ruled that the Home Secretary's decision to proscribe Palestine Action under anti-terrorism laws is unlawful. The judgment, delivered on Friday, has sent shockwaves through the government's counter-terrorism strategy and raised critical questions about civil liberties.
Grounds for the Unlawful Ruling
The judicial panel, led by Dame Victoria Sharp, President of the King's Bench Division, found the ban unlawful on two primary grounds. Firstly, it constituted a very significant interference with the fundamental rights to freedom of speech and freedom of assembly. Secondly, the decision breached the Home Secretary's own proscription policy, which mandates consideration of factors such as the nature, scale, and specific threat posed by an organisation to the UK.
Current Status of the Ban and Appeal Process
Despite the ruling, the ban has not yet been quashed. Dame Victoria Sharp indicated in her judgment that an order to quash the proscription is proposed, pending further submissions from both parties. Home Secretary Shabana Mahmood has signalled her intention to appeal, with her lawyers likely to seek to keep the ban in place during any appeal process. Huda Ammori, co-founder of Palestine Action, who brought the successful challenge, has urged the government to respect the court's decision and end the injustice promptly.
Impact on Arrests and Legal Proceedings
According to Defend Our Juries, 2,787 people have been arrested under the Terrorism Act since the proscription took effect on 5 July last year, primarily for holding placards opposing genocide or wearing T-shirts supporting Palestine Action. Over 500 of these individuals have been charged. If the proscription order is ultimately quashed, charges based on it should be dropped, but the current limbo persists due to the pending appeal. Chief Magistrate Paul Goldspring has delayed trials awaiting the judicial review outcome, while those in jail face charges under existing criminal laws, not the Terrorism Act.
Legality of Showing Support for Palestine Action
Until the order is formally quashed, it remains an offence to be a member of or show support for Palestine Action, punishable by up to 14 years in prison. The Metropolitan Police has stated it will cease immediate arrests for showing support post-ruling but will gather evidence for potential future prosecutions. A resolution could take months if an appeal is granted.
Broader Implications for Government Policy
Subject to a successful appeal, this ruling leaves the government's policy in tatters. If quashed, Palestine Action could legally resume its activities, such as targeting Elbit Systems UK, without membership being a crime—similar to groups like Extinction Rebellion. The defeat is particularly stinging for the government, following a recent jury failure to convict six activists involved in a break-in at an Elbit arms factory near Bristol.
