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

Lord Hain Excerpts

Thursday 3rd July 2025 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

No, I am sorry; I will not take interventions. There is an opportunity at the end.

Some 53% of British people agree with stopping sending arms to Israel, and I would expect any Government with a sense of morality to do that. Instead, it has been left to groups such as Palestine Action to take the lead. If you want Palestine Action to disappear, stop sending arms to Israel and giving military support to a foreign Government engaged in ethnic cleansing. Palestine Action has done many things that I do not agree with, but spraying paint on refuelling planes that campaigners believe are used to help the ethnic cleansing in Gaza is not terrorism; it is criminal damage, which we already have laws for. It is gesture politics, and the MoD itself has declared that it did not block any planned aircraft movements or stop any operations. Palestine Action would have been in court to face justice, but so would the Government on that basis, and I think that is what Ministers have actually been rather concerned about.

Palestine Action has a five-year history of things it has done, but as soon as Ministers realised that a jury might not convict it of spray-painting at Brize Norton, they declared it a terrorist group. The Government were very aware of how likely it was that a jury would free Palestine Action campaigners because of the public’s horror over our involvement in the ethnic cleansing of Gaza. They would remember that the Prime Minister was the lawyer who defended the “Fairford five” after anti-war protesters broke into RAF Fairford in Gloucestershire to sabotage United States bombers before the Iraq war. He argued that while their actions were unlawful, they were justified as an attempt to prevent war crimes, asserting that the Iraq war lacked legal basis under international law due to an absence of a clear UN resolution. I can easily see why a jury might choose not to convict the campaigners at Brize Norton in the same way. Subsequent legal appeals, based on the legal threshold of terrorism when events do not endanger life, could cost us, the taxpayer, a lot of money. This Government have clamped down on civil liberties in many ways, through many laws, and for me this is a step too far. I deeply regret that we have reached this point, and I beg to move the amendment.

[Lord Hain (Lab)]

My Lords, I have supported my party for nearly 10 years since I joined this House, sometimes late like the last two nights, but I cannot support this Motion, as my noble friend understands. That gives me no joy because I have been a long-standing colleague of his as a Welsh MP. Indeed, he was a very effective Minister when I was Secretary of State for Northern Ireland. To be absolutely clear, I support the right of Israel to exist and of Israelis to enjoy full security. I am also a long-standing supporter of Palestinian rights to self-determination in their own state. I was vehemently opposed to the antisemitism tolerated under Jeremy Corbyn’s ill-fated leadership and, as far as I remember, I have never participated in any Palestine Action protest or been on any of its platforms. I sought advice from the clerk of the Table Office to amend this Motion so that it proscribed only the two Nazi-like paramilitary groups it lists and not Palestine Action but was advised that this was not procedurally possible.

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[Lord Pannick (CB)]

Is there not a fundamental distinction between Nelson Mandela and the suffragettes on the one hand and our society today in which everybody has the right to vote? We live in a democratic society in which there are ample means of expressing your views.

[Lord Hain (Lab)]

Of course democracy did not exist in South Africa at the time and women did not have the vote at the time. I concede that point but, frankly, Palestine Action members spraying paint on military aircraft in Brize Norton seems positively moderate by comparison with what the suffragettes did, and those alleged to have done this are being prosecuted for criminal damage, as indeed they should be.

[Lord Harper (Con)]

I simply want to make what I hope is a helpful point to the House. In case noble Lords have not seen it, four individuals have now been charged with the alleged offences at Brize Norton. As a new Member of your Lordships’ House, I have to confess that I am not entirely certain what the sub judice rule is in the House, but it seems to me that we ought to exercise a certain level of caution in commenting on that specific offence for fear of prejudicing the trial of the four individuals who have been charged with those offences as of last night.

[Lord Hain (Lab)]

I totally agree with the noble Lord, but it is like that that they have been charged. There are plenty of other criminal offences that such activity could attract rather than treating young people as terrorists because they feel frustrated about the failure to stop mass killings and bombings of Palestinians in Gaza. That is the point I am making. There is plenty of ammunition in the legal armoury to do that.

[Lord Scriven (LD)]

I may have a helpful interjection. The charges brought against the four are all criminal charges, not terrorism charges, which is an important distinction that points exactly to what the noble Lord is saying. Protests can be unlawful but not necessarily terrorism.

[Lord Hain (Lab)]

I am making exactly that point. By the way, someone should be disciplined for permitting such an easy breach of security at a key military airfield such as Brize Norton. What if the Palestine Action protesters had been real terrorists? Imagine what would have happened then.

[Lord Austin of Dudley (Non-Afl)]

There is nothing in this order that will prevent young people protesting about what Israel is doing in Gaza. It is pretty shocking to hear people compare Palestine Action with the suffragettes and Nelson Mandela. Is the noble Lord seriously suggesting that it is non-violent when people smash their way in armoured vehicles into factories where ordinary working people are at work and when security guards and police have been injured in such attacks with sledgehammers? That is not non-violent protest.

[Lord Hain (Lab)]

I am not suggesting that it is. I completely agree with the noble Lord, but there is a difference between that kind of action and the action generally taken by young supporters of Palestine Action. Whether or not I agree with it—I have never supported its activity—there is a great difference between that and terrorism. If you start labelling people as terrorists willy-nilly right across the board, you go down a very dangerous route.

[Lord Carlile of Berriew (CB)]

I have great regard for the noble Lord, but will he answer a simple question in a simple way? Does he accept that the actions of Palestine Action as described by the Minister are criminal actions that fall within the definition of terrorism and therefore are available, if the Director of Public Prosecutions so decides, to be prosecuted as terrorist offences?

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[Lord Hain (Lab)]

The acts at Brize Norton were certainly criminal acts and should be prosecuted, as they are being at this very moment. As has been described, it is a matter of sub judice.

Please remember that the suffragettes were arrested and subjected to harsh terms of imprisonment, including force-feeding when they went on hunger strikes. We are trying to discuss the contemporary situation, but we should consider it against the background of historical reality. I seek to make that point, because it is very relevant. They went on hunger strikes and were subject to force-feeding for doing so.

Now look at the real terrorists: al-Qaeda and Islamic State. Members of al-Qaeda suicide-attacked New York’s twin towers on 11 September 2001, killing 2,753 people. That is real terrorism. Islamic State deliberately targeted its civilians in public spaces to instil fear, spread panic, gain media attention and punish any groups or Governments opposing them. ISIS became notorious for filmed beheadings and executions. It engaged in widespread sexual slavery, particularly of Yazidi women. That is real terrorism. In 2015, Islamic State members killed 130 people in Paris. In 2016, its suicide bombers struck Brussels Airport and the metro system, killing 32, and it attacked Istanbul Airport, killing 45. In Easter 2019, Islamic State terrorists bombed churches and hotels, killing over 250 people, in Sri Lanka. That is real terrorism, real terrorists.

Nazi-like US racists and, here in the United Kingdom, the IRA also committed terrible terrorist atrocities, targeting or killing innocent civilians. They are properly and rightly labelled terrorists. This Government are treating Palestine Action as equivalent to Islamic State or al-Qaeda, which is intellectually bankrupt, politically unprincipled and morally wrong. Frankly, I am deeply ashamed, which is why I support the regret amendment.

[Lord Beamish (Lab)]

My Lords, I welcome my noble friend’s statement but start with a sense of disappointment that the Home Office did not see fit to give the intelligence assessment behind this, which he rightly says cannot be made public, to the ISC. He is a former member of the ISC, so he knows our remits. I understand that, yesterday, his colleague in the other place, Dan Jarvis, made attempts to contact certain privy counsellors to give them a Privy Council brief. The committee met this morning and was quite angry that the Government had not given it this information before this legislation was put forward; no attempt had been made by the Home Office to do so.

My noble friend well knows the remit of the committee under the Justice and Security Act, so I ask him to remind his colleague in the other place and his civil servants that the ISC is not a Select Committee of Parliament; it is a parliamentary committee set up by statute, which has a right to information. I think we agreed this morning that we expect this intelligence assessment as soon as practically possible.

I welcome the inclusion on the list of the Russian Imperial Movement. This appeared in the ISC’s Extreme Right-Wing Terrorism report in 2022. It is a neo-nationalist paramilitary organisation based in St Petersburg. It has defined links to international white supremacist movements throughout the world and it is a clear danger. As we said in our report, in April 2020, the Americans proscribed this organisation. At the time, from the intelligence we saw, it did not meet the threshold, so it will be interesting, when we get our briefing from the Home Office, to see what has changed over that period. I have no problem at all with proscribing that horrible, detestable organisation.

I turn now to Palestine Action, and I think the Minister’s point is right. I would defend to the death the right of anyone in this country to protest peacefully. That is something that we should celebrate in a democracy, but it is not what we are dealing with in Palestine Action. It is progressing a false narrative that the UK is arming Israel to bomb innocent civilians—the noble Baroness, Lady Jones, used the word “genocide”—in Gaza.

Arms exports from the UK to Israel in 2023 were worth £8.2 million. The Government have already moved to restrict some exports to Israel after the conflict, but this narrative justifies in the minds of members of that organisation attacking defence industries across the UK—and they are not even very good at it. Some of the sites that they are attacking have nothing to do with Israel and do not export anything to Israel. There was an issue around the F35, but we do not export F35s to Israel. We do produce components, and I am proud that 15% of the content of every F35 in the world is from the UK, but we are not directly exporting them. The court upheld that view. If we suddenly said that we are not going to be part of that contract, it would affect our security, because not only our allies use that plane; the UK does as well. So that is complete nonsense. Palestine Action is attacking companies legitimately involved in the production of instruments and pieces of kit that keep us and our allies safe.

The noble Lord, Lord Hain, asked whether he would have been included in this legislation when he was protesting against apartheid. It crossed my mind that he was a liberal many years ago and that, clearly, in older age he is reverting back to his youth. In answer to him I say yes; if he were damaging property and attacking the national security of this country, he would be included in this legislation. As the noble Lord, Lord Carlile, pointed out, it meets the threshold in this legislation.