A High Court ruling against the decision to ban Palestine Action as a terror group risks convincing far-left activists they can ‘hold the country to ransom’, the government’s former adviser on political violence said today.
Palestine Action won a High Court challenge against the Home Office’s decision to categorise it alongside the likes of Islamic State, with three judges declaring the move ‘unlawful’ and ‘disproportionate’.
The verdict has prompted police to stop arresting Palestine Action supporters – despite the proscription remaining in force pending an appeal by Home Secretary Shabana Mahmood.
Lord Walney, who was appointed as an independent government advisor under the Conservatives, declared himself ‘deeply disappointed’.
‘It is right that the Home Secretary appeals this deeply disappointing verdict which risks sending a signal that far left activists can hold the country to ransom,’ he said.
‘While Palestine Action has deployed violence less frequently than other proscribed groups, the criminal damage they systematically inflict clearly falls within the legal definition of terrorism.’
Shadow Home Secretary Chris Philp MP also backed Ms Mahmood’s appeal and accused Palestine Action of being bent on ‘intimidation, destruction, and violence’.
He said: ‘Palestine Action repeatedly invades secure sites, sabotages military aircraft, attacks police officers and causes millions in criminal damage. It is organised political violence and cannot be tolerated.’
While the judges found that the decision should be quashed, they warned that the group remains banned pending Ms Mahmood’s appeal.
However, this distinction appears to have been lost on the Met Police, which said it would now stop arresting activists who express support for Palestine Action and merely ‘gather evidence’ against them instead.
A spokesman said: ‘Officers will continue to identify offences where support for Palestine Action is being expressed, but they will focus on gathering evidence of those offences and the people involved to provide opportunities for enforcement at a later date, rather than making arrests at the time.
‘This is the most proportionate approach we can take, acknowledging the decision reached by the court while recognising that proceedings are not yet fully concluded.’
Laurence Taylor, head of Counter Terrorism Policing – a UK-wide network of police and security service staff – said it would now enforce the proscription of Palestine Action ‘pragmatically’, raising the possibility it could also suspend arrests.
The High Court’s ruling is a massive blow to the government and means that more than 2,000 people who were arrested for holding signs or displaying messages supporting the group may now have proceedings dropped.
Palestine Action was proscribed on July 5 last year by former Home Secretary Yvette Cooper after a number of high-profile violent protests, including a raid on a UK-based defence company that saw a female PC attacked with a sledgehammer.
As a result, being a member of, or showing support for, the group became an offence punishable by up to 14 years in prison.
Palestine Action co-founders Richard Barnard (left) and Huda Ammori (right) won their appeal against their group’s proscription
Supporters of the group celebrated the decision outside the High Court in London
Some held signs saying ‘Up Yours Cooper’, a reference to former Home Secretary Yvette Cooper who implemented the ban on Palestine Action
Activists gathered outside the High Court greeted today’s ruling by shouting ‘free Palestine’, while Palestine Action founder Huda Ammori called it a ‘monumental victory’ for ‘fundamental freedoms’.
But the decision prompted dismay among Jewish groups, who called it ‘deeply disappointing’.
Three judges, led by Dame Victoria Sharp, said in their judgment that banning the group was an ‘very significant’ error and interfered with its members’ right to protest under Article 11 of the European Convention on Human Rights.
They said Ms Cooper had wrongly applied her own policy when deciding to proscribe the group.
Under that policy, she should have considered the specific threat the organisation posed to the UK, but instead relied on the additional ‘advantage’ that proscription would give police extra powers to disrupt the group.
In a stringing rebuke to the Labour grandee, the judges went further and ruled that proscribing Palestine Action was ‘disproportionate’.
‘At its core, Palestine Action is an organisation that promotes its political cause through criminality and encouragement of criminality,’ they said. ‘A very small number of its actions have amounted to terrorist action.
‘For those actions, regardless of proscription, the criminal law is available to prosecute those concerned. If those involved are convicted they face the prospect of significant punishment, which would serve as a significant deterrent to others.’
However, the judges added: ‘The claimant…has sought to portray Palestine Action as a ‘non-violent’ organisation. This is not a sustainable proposition.’
The court previously heard Palestine Action had an ‘Underground Manual’, which provided members with guidance on how to cause the maximum amount of disruption.
The judges said: ‘It contains an unmistakable invitation to individuals to group together to commit acts of criminal damage. This is not limited to symbolic acts.
Protesters outside the High Court held signs reading ‘I oppose genocide, I support Palestine Action’
Home Secretary Shabana Mahmood said she was disappointed with the court’s decision and plans to appeal it
‘Palestine Action encourages those who read the Underground Manual to ‘be creative’ and to ‘disrupt damage or destroy’ targets without restraint.’
Despite their ruling, the ban will remain in place to allow the Government time to consider an appeal.
The current Home Secretary, Shabana Mahmood, immediately announced her decision to appeal, saying: ‘I am disappointed by the court’s decision and disagree with the notion that banning this terrorist organisation is disproportionate.
‘The proscription of Palestine Action followed a rigorous and evidence-based decision-making process, endorsed by Parliament. The proscription does not prevent peaceful protest in support of the Palestinian cause, another point on which the Court agrees.
‘Home Secretaries must retain the ability to take action to protect our national security and keep the public safe. I intend to fight this judgment in the Court of Appeal.’
During a judicial review hearing in November, Huda Ammori argued that the ban was a disproportionate interference with free speech and protest rights.
She claimed the group had engaged in an ‘honourable tradition’ of direct action and civil disobedience.
The Home Office said proscribing the group had the intended effect of disrupting its ‘pattern of escalatory conduct’ and had ‘not prevented people from protesting in favour of the Palestinian people or against Israel’s actions in Gaza’.
Six Palestine Action activists were recently cleared of aggravated burglary after a raid on an Ebit Systems building near Bristol caused more than £1million worth of damage and left Sergeant Kate Evans injured after she was hit with a sledgehammer.
The jury at Woolwich Crown Court also failed to reach a verdict on the charge of grievous bodily harm against Oxford-educated mathematician Samuel Corner, 23, as well as two counts of criminal damage over the alleged spraying of red paint and breaking of computers with hammers.
Officers policing a group of Palestine Action activists outside the High Court building in central London have been told to act with ‘compassion’, a Met Police officer has said.
One protester dressed as the grim reaper outside the court where judges ruled proscribing Palestine Action was unlawful
Supporters of Palestine Action gathered at the High Court
Inspector Paul Perversi, speaking outside the Royal Courts of Justice where dozens of activists carried signs that read ‘I support Palestine Action’, said they would be advised they could be prosecuted at a later date.
‘As far as we’re concerned, as police, Palestine Action is still a proscribed organisation and my officers are engaging with protesters holding the signs just advising them that technically, it’s illegal, and they could face prosecution,’ Mr Perversi said.
‘It’s being recorded on body worn camera to be acted upon later if deemed appropriate. But at the moment officers are just engaging with members of the public,’ he added.
‘The officers have all been briefed to act with integrity, professionalism, courage, and importantly, a bit of compassion.’
The Board of Deputies of British Jews and the Jewish Leadership Council said they believe the group should remain proscribed.
In a joint statement, they said: ‘We recognise the vital importance of judicial oversight in matters of national security and civil liberties. However, the practical impact of Palestine Action’s activities on Jewish communal life has been significant and deeply unsettling.
‘Palestine Action has repeatedly targeted buildings hosting Jewish communal institutions, Jewish-owned businesses, or sites associated with Israel, in ways that cause fear and disruption far beyond the immediate protest sites.’
Tom Southerden, of Amnesty International, hailed the ruling as a ‘vital affirmation of the right to protest at a time when it has been under sustained and deliberate attack’.
‘The High Court’s decision sends a clear message: the Government cannot simply reach for sweeping counter‑terrorism powers to silence critics or suppress dissent,’ he said.
