LONDON: Laws used in the UK to ban the group Palestine Action have been applied “too broadly,” a review into counterterrorism legislation has found.
The review, led by former Judge Declan Morgan, has determined that the UK definition of terrorism creates “uncertainty and overreach in its application” and needs to be tightened.
The 15-person Independent Commission on UK Counter-Terrorism Law, Policy and Practice added that cases related to property damage should only include “serious risk to life, national security, or public safety, or involving arson, explosives, or firearms.”
Palestine Action was proscribed as a terrorist organization in the UK on July 5 after several incidents, including a break-in at a Royal Air Force base that saw two military aircraft sprayed with paint.
The ban, which is being challenged in the High Court, makes supporting the group a criminal offense punishable by up to 14 years in prison.
But the review said proscription of any group should only occur where a risk to the public from acts of terrorism exists, and that if not renewed, bans should lapse after five years.
“The commission heard evidence that, without careful calibration, counter-terrorism powers risk being applied too broadly — capturing behaviour that is harmful but not terrorist,” it said.
“When a group is proscribed, individuals can face prosecution for membership, inviting or expressing support, or wearing associated symbols or uniforms,” the report added.
“Providing funding or handling property linked to a proscribed organisation may constitute a criminal offence, and any act carried out for the benefit of a proscribed group can be treated as an act of terrorism.
“These far-reaching implications can create confusion, deter lawful civic engagement, and strain relations with communities connected to affected organisations — particularly where banned groups also pursue political objectives.”
Proscription, the report said, should be subject to far more parliamentary scrutiny in future.
The banning of Palestine Action has led to a series of protests across the UK featuring people holding placards stating: “I oppose genocide, I support Palestine Action.”
Almost 2,000 people have been arrested for taking part in the protests under the Terrorism Act.
The report said going forward, people should only be charged under sections 12 and 13 of the act “where there is clear intent to commit the offence.”
That could impact cases such as that of Kneecap rapper Liam Og O hAnnaidh, who was charged under section 13 for allegedly holding up a flag of the banned Lebanese group Hezbollah at a gig earlier this year. The case against him was dismissed due to a technical error in September.
