Gaza Protests: Anti-terrorism Legislation

Lord Clarke of Nottingham Excerpts

Wednesday 10th September 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

The noble Lord should know that 20,000 people marched in support of Palestine in a recent demonstration, with totally peaceful activity and no arrests. There was no support for and encouragement of the type of activity undertaken by Palestine Action. As Ministers, we received an assessment from the Joint Terrorism Analysis Centre which said that it meets the tests of the Terrorism Act 2000. Are we to ignore that?

The powers in this legislation mean that to support Palestine Action publicly is to commit an offence. If the police, as they did on 6 September, make judgments to make arrests, those arrests and potential charges will be put by the CPS before the court and an individual will be charged, convicted and sentenced accordingly. It does not matter whether they are elderly or otherwise; the offence is defined very clearly under the Terrorism Act and the threshold for that Act has been met. If I am predictable in saying so, it is because I am fulfilling a duty on behalf of the UK to keep businesses and people safe from violent terrorist activity.

[Lord Clarke of Nottingham (Con)]

My Lords, a perfectly good case can be made for proscribing Palestine Action, and I agree with that decision, but does the Minister know that in this country there has always been discretion not to prosecute in a case where there is no public interest in arresting and prosecuting? Does he not accept that what is happening with the arrest of hundreds of harmless old ladies simply for holding a placard is exactly what the demonstrators want the police to do? They see it as giving valuable positive publicity to their views on Gaza and the survival of the proscribed organisation. Could he at least discuss with the police authorities whether it is really in the public interest to carry on using these massive police resources for what is a counterproductive effect?

[Lord Hanson of Flint (Lab)]

The police do have discretion; it is not for Ministers to order arrests or bring forward charges. It is for the police at a local level to interpret the legislation that has been passed overwhelmingly by the House of Commons and this House to proscribe the organisation. I say “proscribe the organisation” because, on advice, the organisation has met those tests.

If people wish to protest in support of Palestine, they can do so. They can march, protest, criticise Israel and make their views known on Palestine, but Palestine Action has crossed that threshold. As the noble Lord is a former Home Secretary, he will know that it is now for the police to make their judgments on that, and for the CPS to decide whether charges should be brought forward and for individuals to be prosecuted accordingly. We have put in place legislation that draws a line in the sand on the actions of Palestine Action. I hope people will not mistakenly support those actions while still supporting the state of Palestine, if they wish to, and making any criticism they wish to of the State of Israel.