Prevention and Suppression of Terrorism

Julian Lewis Excerpts

Wednesday 2nd July 2025 Commons Chamber

[Sir Julian Lewis (New Forest East) (Con)]

I must say that I never thought the day would arise when I as a non-lawyer would be advising a Government of lawyers that they need to be sure of the legal basis for what they are doing. As I said in an intervention on this subject on 23 June,

“it would do the country and the Government no favours if they were to lose in court a challenge to the process of proscription, because whereas the secret sabotage of planes would certainly have been an act of terrorism leading to proscription, the fact is that this was a performative act that these people announced they had done.”—[Official Report, 23 June 2025; Vol. 769, c. 893.]

My question for the Government is this: will they at least adopt a belt-and-braces policy when it comes to the prosecution of the people who did that terribly irresponsible and wrong-headed act of sabotaging those planes? Will they also prosecute them on the basis that they have done criminal damage, and have attacked the forces of the Crown and thereby done something that borders on sedition? Otherwise, by using the wrong aspects of the law to pursue people who did some very bad things indeed, I fear the Government will end up scoring an own goal, and these people will walk free with a court triumph under their belt.

Although it is justified by the unacceptable behaviour of the perpetrators, I am not convinced that the policy that the Government have adopted will stand up in court, when there are plenty of other legal methods that could be used to deal with this form of extremism. It is extremism, but it does not, in my opinion, pass the threshold to be classified as terrorism, in the legal sense. If I had been able to accept the Minister’s offer to have a word with me on Privy Council terms before the debate—I thank him for that offer, and I am sorry that I was not able to take it up—he may have been able to tell me things about Palestine Action that would have convinced me that it crossed that threshold.

However, if the Minister is not able to say those things in public—there may be very good reasons why he is not—then I suspect he will not be able to tell them to the courts, either. Nobody can accuse me of being soft on anti-militarist extremist groups, but I say to the Government, with the best will in the world, that they must adopt a legal belt-and-braces policy when it comes to prosecuting this group, and not rely on this proscription alone, because I fear that I see trouble ahead from m’learned friends.