Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 3) Order 2021

Lord Purvis of Tweed Excerpts

Thursday 25th November 2021 Lords Chamber

My second point is this. Normally the Government seek to keep the lid on the names of organisations about to be proscribed until the last minute, but this order and the naming of Hamas seem to have been made quite widely known since the end of last week. Was there a reason for this apparent change of approach in the case of this order involving Hamas?

[Lord Purvis of Tweed (LD)]

My Lords, I admire the Minister’s stamina over this last day and a half.

I declare an interest in that I support peacebuilding charities active in the region, and I will touch on one of those areas in a while. I also state categorically that we need our country and our people safe, here at home or when they travel abroad. We also have a duty to work closely with our allies so that we have mutual security. Threats can be domestic or can originate at source in areas of tension where there is either failed governance or a lack of security. We therefore accept that it is the first duty of government to continuously review the list of proscribed organisations under Section 3 of the Terrorism Act 2000.

I, too, noted that the Home Secretary chose to make a statement to the Heritage Foundation in America rather than the House of Commons in Britain about this specific measure. I do not think the Minister here would have done that; we take our responsibilities very seriously as far as updating Parliament is concerned. Ultimately, Parliament approves these measures and has an opportunity to scrutinise and consider them carefully.

Hamas’s military operations are founded on unacceptable premises and have a litany of innocent victims, including the awful recent violence that appalled us all, so eloquently described by President Herzog, who addressed many Members here in the Chamber today through the all-party group. He spoke to us very clearly on this issue on Monday, and I was very pleased to attend.

Hamas’s activities are contemptible and I condemn them. It is, as the Minister said, a de facto Administration. We have maintained the no-contact element and worked with our allies to secure that support for people in Gaza does not contradict any of the international approach by other allies who have proscribed both elements of the political and military wing together, which is different from our approach.

I respect also that it is an executive function to prepare proposals for proscription, supported, as has been said, by the proscription review group. But, given that this is the proscription of a political arm of an organisation, on the basis that it now cannot be distinguished from its military arm, it is a fair question to ask about the differences between today and June 2020, when the then Minister, Mr Brokenshire, answered a Parliamentary Question by saying:

“The political wing of Hamas is not proscribed as it is considered that there is a clear distinction between Hamas’s military and political wings”.


I thank the Minister today, as her speech had greater content as was given in the House of Commons. She outlined in clearer detail the view now taken with regard to the activities and structure of the political wing of Hamas, and I am grateful for that. However, I wanted to ask a question linked to what was referred to by the noble Lord, Lord Rosser, with regard to whether there will be consequences of this action, and perhaps unintended consequences.

The noble Lord, Lord Anderson of Ipswich, who is highly respected in this House for his former role and his current contributions, could not be here today, but we spoke in advance of this debate. Both of us have a shared interest in the peace-building work being carried out by British charities and organisations, which is complementary to humanitarian assistance. In many respects, if we are to see the humanitarian assistance be effective, there will be dialogue and movement away from violence to peace.

All who are present here are fully aware of the relationships between Hamas and Fatah; we are fully aware of the politics within the Palestinian structures, so we need not debate that. Where the UK has played a good part is where we have shared our experiences, through highly professional peace-building and dialogue bodies, of moving away from the Armalite and the ballot box approach. That is what Hamas has tried to do, but the Government believe they have failed to keep the distinction between the ballot box approach and the Armalite. If we are to move away from that, as we have seen movement away from it in the UK, I believe that the work of British bodies involved in peace-building and dialogue should continue.

In his report The Terrorism Acts in 2018, the Independent Reviewer of Terrorism Legislation, Jonathan Hall QC recommended that

“the Home Secretary should invite the Attorney General to consider the issue of prosecutorial guidance on overseas aid agencies and proscribed groups”.

The Government responded positively to that, and the Home Office subsequently issued an information note for operating within counterterrorism legislation. However, that information note does not necessarily provide legal reassurance. The Minister in the House of Commons indicated that those bodies working in this area should seek legal advice. However, the recommendation from the Independent Reviewer of Terrorism Legislation looked at prosecutorial guidelines to complement the positive work of the Home Office in the information note.

I wanted to ask the Minister, once she has rested—if she ever gets time to rest, which is probably unlikely—whether she would meet me, the noble Lord, Lord Anderson, and any other interested colleagues working in this area to explore ways in which this measure, which is designed to keep people safe, will also not inhibit UK-based organisations that are doing good work to try to make sure that the people in the region are also safe in the long term.

[Baroness Williams of Trafford (Con)]

My Lords, I thank the noble Lords, Lord Rosser and Lord Purvis of Tweed. I am really pleased to see that we have a cross-party commitment to this issue, particularly to what is quite a long-standing wish by some to see this group proscribed.

I think both noble Lords would like me to reiterate the implications for the peace process and aid getting to certain areas. I said, and I reiterate, that this is not a commentary on the ongoing tensions in Israel and the Occupied Palestinian Territories, and the action we are taking is not a departure from the Government’s long-standing position on the Middle East peace process. We absolutely support a negotiated settlement leading to a safe and secure Israel alongside a viable and sovereign Palestinian state. This is a decision based on our assessment that Hamas in its entirety is concerned in terrorism, as noble Lords have pointed out, and that this is a proportionate action to take.

On humanitarian assistance, it goes without saying that the Government do not provide any assistance to Hamas or the government structure in Gaza, which is made up of Hamas members, but this proscription will not prevent aid reaching civilians in need. I think that is a perfectly reasonable question to ask and demand to make. In Gaza, we have strong controls in place to monitor spending and to make sure that aid sent into the region reaches the intended beneficiaries. Again, this action is aimed squarely at a terrorist group.

I am very happy to meet the noble Lords, Lord Purvis of Tweed and Lord Anderson, to discuss the issues they mentioned.

On the timing of the order, it was laid before the Home Secretary delivered her speech. I communicated with the noble Lord, Lord Rosser, in the way I usually do, which is to write to him just prior to any proscription debate in this House. I beg to move.