Jonathan Hall KC wrote in the Observer that dropping the proscription could lead to ISIS flags being flown on UK high streets
August 24, 2025 11:17
The UK’s independent reviewer of terrorism legislation, Jonathan Hall, KC has issued a robust defence of the government’s proscription of Palestine Action.
Home Secretary Yvette Cooper Cooper banned the group after it claimed responsibility for an alleged £7m of damage to jets at RAF Brize Norton in June.
Hall, who was hired as the country's national terrorism reviewer by the home secretary in 2019, wrote: "The home secretary’s decision to proscribe Palestine Action was clearly intended to dismantle an organisation of serious saboteurs who have given up on parliamentary democracy.
"Just as it would have been wrong to extend terrorism legislation in late 2023 to deal with some Gaza protest activity, a move I publicly opposed at the time, it would be wrong to shrink from the consequences of Palestine Action’s alleged agenda today. It cannot be sensibly suggested that the cause of Gaza, any more than the cause of environmentalism, Islamism, racial purity, 5G masts or Irish unification, means that terrorist methodology can be excused
He added: "Far from being an example of heavy-handed authoritarianism, it could be said that there is greater reason to fear the clunking fist of Palestine Action when it chooses to label a business or person ‘complicit’ and therefore a suitable target for action, than the use of terrorism legislation in this way.”
When it came to the arrests of people for holding placards supporting Palestine Action, he cited the example of Northern Ireland where there have long been calls for police to act on flags and signs sympathising with terrorist groups:
“As it happens, the government is now bringing forward legislation, on my recommendation, to make it easier for police to remove these symbols. The legal provision in question is section 13 of the Terrorism Act 2000, which makes it an offence for someone to display an article ‘in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation’.
“A person who commits this offence faces a summary penalty, usually a fine or conditional discharge, and is not in law considered a terrorist (see section 40). This is separate from the more serious offence of inviting support, which requires the prosecution to prove what lawyers call a mental element such as intent.”
The notion that Palestine Action's supporters should be given special treatment compared to other terrorist groups "whether because of the nature of its cause, or, worse, the venerable appearance of some supporters" could lead to a change in law to “make it an offence to fund Palestine Action, but not an offence to express support for it. This is at the very least a recipe for confusion.”
He wrote: "This does not mean calls to allow displays in support of Palestine Action are necessarily wrong but they are unprecedented because if the law were changed it would leave Islamic State supporters free to hoist their black flags on UK high streets.
"This might please a certain school of free speech absolutism but is not a serious proposition."
On August 15 the Liberal Democrats wrote to Hall calling on him to review the legislation after more than 500 protesters were arrested for expressing support for Palestine Action.
At least 700 people have been arrested for supporting Palestine Action since its proscription.
Hall wrote: “I remain unconvinced the proscription of Palestine Action prevents or chills the expression of support for Palestine. Pro-Gaza marches organised by the Palestine Solidarity Campaign continue to take place.
"The motives of those who say “I support Palestine Action” are not always easy to discern. Rather than saying “I support Palestine” or “I oppose the proscription of Palestine Action”, a small number of demonstrators have gone out of their way to invite arrest. I am not sure that this makes the law ridiculous or heavy-handed.
“Shorn of the power to arrest and prosecute those who display support in public, the police’s role in preventing the growth and operation of Palestine Action would be that much harder.”
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