The High Court has ruled that the government's ban on the direct action group Palestine Action was disproportionate and infringed on freedom of speech and protest. The decision adds a trio of senior judges to the list of critics of the ban, which includes a former Trump administration official, a former director of public prosecutions, and a former director of the security services.
The ban was first announced by then Home Secretary Yvette Cooper in June last year and was fiercely controversial from the outset. Under the Terrorism Act 2000, proscription had previously only been used against groups intent on violence to the person, such as Islamic State and Boko Haram. The use of the 'serious property damage' provision against Palestine Action, which targeted UK sites of Israeli arms manufacturer Elbit Systems, jarred with many.
The ban also drew attention to the fact that the UK is one of the few countries where recklessly expressing support for a proscribed organisation is an offence. Never before had a direct action group been banned, fuelling perceptions that suppressing pro-Palestinian voices was more important to ministers than stopping the slaughter in Gaza.
The advocacy groups We Believe in Israel and the Campaign Against Antisemitism had pressed for the ban, and the Guardian revealed meetings with Elbit representatives and Israeli embassy officials under the previous Conservative government. Cynicism increased when the Home Office briefed the Times that it was investigating whether Palestine Action was funded by Iran, a claim the Home Office later distanced itself from and which the independent reviewer on terrorism legislation described as 'nudge-nudge, wink-wink' insinuation.
After the ban came into effect, there was a campaign of civil disobedience, with scenes of pensioners, including clergy and war veterans, being carried away by police. The Metropolitan Police Federation said the extra demands on officers were 'unsustainable'. Police interventions included the arrest of Laura Murton for holding a sign saying 'free Gaza' and a Palestinian flag, and Marianne Sorrell, a retired teacher, who was held for almost 27 hours after holding a placard saying 'I oppose genocide. I support Palestine Action.'
Downing Street described Palestine Action as 'a violent organisation' but documents released in the judicial review appeared to contradict this. The Joint Terrorism Analysis Centre produced a secret report that was disclosed in the High Court, further undermining the government's case.
