Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2025

Baroness Doocey Excerpts

Thursday 3rd July 2025 Lords Chamber

[Noble Lords]

Front Bench!

[Baroness Doocey (LD)]

Forgive me, my Lords; I think I was nodding off.

No matter how passionately any of us may feel about the unfolding tragedy in the Middle East, we all remain bound by the law. Activists cannot expect to waltz into a high security Ministry of Defence base and escape without consequences. The Liberal Democrats regard last month’s intrusion at RAF Brize Norton as totally unacceptable. The perpetrators should be prosecuted, taken through the courts and, if proven guilty, punished accordingly.

I grew up in Ireland, where terrorism was a very real and constant presence. Our newspapers were filled every day with what terrorists had done in the north—I lived in the south. It was just appalling: kneecapping, murder and bombing. That, to me, is the definition of “terrorism”. I believe that there is a big difference between that and criminal activity. I find anyone who commits violence to be absolutely abhorrent, but I see committing criminal acts and terrorist acts as very different things, and I do not believe that this particular act could be described as a terrorist act.

We are being invited not to prosecute criminal activity but to criminalise membership of an organisation. It is regrettable that Ministers put the three SIs together, because two of them are clearly well-proven, whereas the other one is, in my opinion, open to doubt. I want to be clear that we are definitely in favour of two of them, and we have no problem with that whatever. But it is not possible to say that, if a vote comes, we will vote for two of them and not for the other one.

When Parliament granted the Home Secretary the extraordinary power to ban organisations, it did so on the condition that such action be reserved for the most extreme circumstances when proportionality could be plainly demonstrated. It is our responsibility to question whether the use of these powers is fair, just and proportionate. That question of proportionality should be at the forefront of our minds today. I do not believe that the test of proportionality has been met. If this proscription proceeds, it will be the first time that a direct action group is outlawed primarily for damaging property. Although the Terrorism Act 2000 makes it clear that serious damage to property can meet the legal threshold for terrorism, questions about proportionality remain unanswered.

[Baroness Altmann (Non-Afl)]

Which of the three tests that the noble Lord outlined for something to qualify as an act of terrorism has not been met by this organisation in the example that I gave?

[Baroness Doocey (LD)]

It is proportionality that I am concerned about. Proscription, as the noble Lord, Lord Anderson, rightly pointed out, would mean that merely expressing approval for Palestine Action, even via an ill-judged retweet, could carry a 14-year prison sentence. I was not particularly convinced by the noble Lord, Lord Carlile, although he is a very long-standing friend, because if the CPS will not prosecute because it is clearly not the right thing to do, why is it there?

[Lord Carlile of Berriew (CB)]

I am sorry but I cannot let that pass. Every day the police prosecute people for theft. The maximum sentence for theft was seven years—I am not sure whether it still is. Practically nobody gets seven years; most people get a non-custodial sentence. The assumption that everybody prosecuted will be locked up for years and years is a misleading premise for this debate.

[Baroness Doocey (LD)]

I am not trying to mislead anyone; the noble Lord knows better than that. If it can happen, I do not think it is right. It is as simple as that.

That brings me to the security breach. Barely three weeks after the Strategic Defence Review urged stronger protection for RAF logistics bases, an activist group breached the security at Brize Norton. Can the Minister say in winding up what consequences there have been for those in charge of security at the base? Was site security managed by the RAF or contracted out? Can he give the House a categorical assurance that whatever mistakes enabled this breach will not be repeated?

There is also the question of workability. Hundreds of thousands of our fellow citizens have marched peacefully for a ceasefire and an arms export ban on Israel, a position that opinion polls say now commands majority support. Since this position is shared by Palestine Action, a member of the public promoting these views could be interpreted under this law as supporting the group. I would welcome clarity from the Minister on this, as it has understandably left many concerned and a bit confused.

We should be concerned that, while we debate the order, innocent Palestinians continue to die in their hundreds. The Government’s principal diplomatic energy should be directed at securing a durable peace: a plan for Gaza which excludes Hamas, pressure on Prime Minister Netanyahu to halt the de facto annexation of the West Bank and, without further delay, formal recognition of a Palestinian state by the United Kingdom. That is the Liberal Democrat position. For the sake of our security, credibility and liberties, I ask the Minister to focus on pursuing these aims instead.