In a recent judicial review, three High Court judges ruled that the ‘ban’ imposed on Palestine Action under the Terrorism Act 2000 was disproportionate and unlawful.
In a ruling announced on 13 February, the court found that the decision breached the Government’s own proscription policy and unlawfully interfered with rights protected under Articles 10 and 11 of the European Convention on Human Rights, as incorporated through the Human Rights Act 1998. The Court also rejected the suggestion that Palestine Action is an “ordinary” peaceful protest group and recognised that the organisation has promoted and encouraged criminal damage. However, it made clear that general criminal law already exists to address such conduct and that proscription, the most severe restriction available, must meet a high threshold, and that the ban on Palestine Action did not.
The Court has indicated that it intends to quash the proscription order. However, the ban remains in force pending further submissions and any appeal. The Home Secretary, Shabana Mahmood, has confirmed the Government’s intention to appeal to the Court of Appeal. This means that, until further order of the Court, Palestine Action remains a proscribed organisation and criminal offences under sections 11-13 of the Terrorism Act 2000 continue to apply, meaning that it remains a criminal offence to:
- Belong to or profess to being a member of Palestine Action.
- Invite or express support for the organisation (including being reckless as to whether such expression may encourage support).
- Arrange or address meetings in support of the organisation.
- Wear clothing or display articles in a way that arouses reasonable suspicion of membership or support.
NEU’s view
The NEU believes it is important to highlight to NEU members the continued professional risks, and the risk of criminal conviction of membership, support or involvement with Palestine Action while the ban remains in place. These include the following risks to:
- Your employment.
- Teaching Regulation Agency prohibition.
- Disclosure and Barring Service bar
Courts can impose a custodial sentence and the maximum penalty for these offences is 10 years’ imprisonment or a fine (or both).
The NEU reiterates that the right to protest and to express opposition to government policy is fundamental in a democratic society and has historically been essential in securing social progress. From the Suffragettes to Greenham Common and anti-Vietnam War protests to the campaign against apartheid South Africa, acts of protest have played a defining role in shaping rights and freedoms in this country.
At the same time, we must be clear with members about the current legal position. Until the appeal process is concluded and any order formally takes effect, Palestine Action remains proscribed. Members should therefore be fully aware of the serious legal and professional risks associated with membership, support or involvement.
We will continue to monitor developments closely and provide updated guidance as the legal process progresses.