Contribution
My Lords, I am grateful for the contributions to what has been a thorough and testing debate. Having introduced the order on behalf of the Government, it is my responsibility to respond to the points that have been made today. All three organisations in the order before us—this is a very important point for Members to remember—are subject to the same tests under the 2000 Act that this House and the House of Commons passed and put in place for 25 years, along with, to date, around 80 proscription orders that were passed under similar tests.
This debate is not about whether you support the rights of the Palestinian people to a homeland, whether you are appalled at the actions of the Israeli Government, or whether you think the Israeli Government are acting fairly and proportionately following the Hamas kidnappings and murders. This is not about that issue. It is not, dare I say it, about the right to protest. I served with my noble friend Lord Hain in Northern Ireland for two years, and I have some admiration for the way that he has approached some of the issues that I shared. I said at the outset that I have been carried out of a building for protesting the apartheid regime, I protested against the fascist regime in Chile and I have been on a picket line during the miners’ strike. I have been involved in protests across my political life that have been fair and open, but not those that have not led to harassment, intimidation, violence and criminal damage.
Noble Lords in this debate have, dare I say it, fallen into two camps—with the exception of the noble Lord, Lord Anderson, who asked legitimate questions that I will return to. The noble Baroness, Lady Altmann, the noble Lords, Lord Harper, Lord Beamish, Lord Weir of Ballyholme, Lord Palmer of Childs Hill, Lord Austin of Dudley, Lord Turnberg, Lord Carlile, Lord Walney and Lord Pannick, and the Official Opposition have all, in one way or another, supported the approach that the Government have taken.
From this Front Bench, I recognise that the noble Baroness, Lady Jones of Moulsecoomb, has tabled an important amendment that has generated this debate—which is an important part of the democracy that I believe we should stand up for. She has had support from my noble friends Lord Hain and Lady O’Grady, the noble Lord, Lord Cashman, and the noble Baronesses, Lady Smith of Llanfaes, Lady Fox of Buckley and Lady Bennett. Again, she has put forward a legitimate point of view, but I want to draw noble Lords back to the essence of this debate.
Under the Terrorism Act 2000, the Home Secretary may proscribe organisations that she believes are concerned with terrorism. There is a clear definition of terrorism in that Act, which, as the noble Lord, Lord Carlile of Berriew, said, has stood the test of time:
“‘terrorism’ means the use or threat of action … designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public”
and the actions used or threatened must involve
“serious violence against a person … serious damage to property … endangers a person’s life … creates a serious risk to … health … or … is designed seriously to interfere with or seriously to disrupt an electronic system”.
I say again that all three organisations in this order are being judged on their actions as to whether they are committing or participating in acts of terrorism, preparing for terrorism, promoting terrorism or are otherwise concerned with terrorism. If that statutory test is met, factors that the Home Secretary takes into account include the nature and scale of the organisation, the specific threat, the extent of the presence and the need to have support from members of the international community in the global fight against terrorism.
The Home Secretary does not sit in 2 Marsham Street and say, “What’s happening today? Should I proscribe these organisations?” There is a decision, which is never taken lightly. That decision has robust processes in place to ensure the evidence is available and is carefully reviewed and considered. The decision to proscribe Palestine Action has been taken with significant considerations, which include technical assessments, deep engagement with the subject matter, experts from across government, policy officials, law enforcement and a proscription advisory group that makes recommendations to the Home Secretary to determine whether that proscription is legitimate.