Viscount Hailsham
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Crime and Policing Bill
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Viscount Hailsham
“Support for terrorism: intention(1) The Terrorism Act 2000 is amended as follows.(2) In section 12 (support) after subsection (4), insert—“(4A) A person is not guilty of an offence under this section unless the conduct alleged was done by that person with the intent of encouraging, inciting, facilitating or enabling another to commit an act of terrorism.”.(3) In section 13 (uniform and publication of images), after subsection (1B), insert—“(1C) A person is not guilty of an offence under this section unless the conduct alleged was done by that person with the intent of encouraging, inciting, facilitating or enabling another to commit an act of terrorism.”.”
Viscount Hailsham (Con)
My Lords, I shall also speak to Amendment 448. In respect of Amendment 447, I am glad to have the support of the noble Baroness, Lady Jones, who I am happy to say is in her place.
The purpose of these two amendments is to ensure that individuals can be prosecuted under Section 12 of the Terrorism Act 2000 for the offence of supporting an act of terrorism only if the acts alleged are, in substance, acts that support terrorism in the sense that ordinary citizens support that concept. Amendment 447 would make explicit the intent required—namely, that the act alleged was done with the intent of encouraging, inciting, facilitating or enabling another to commit an act of terrorism. Amendment 448 would provide for a defence when no such intent existed. The amendments are quite clearly in the alternative. I prefer Amendment 447 but I would understand if noble Lords preferred Amendment 448.
What I suggest is profoundly unsatisfactory and unjust is the present law. Consider the demonstrations that we see in the streets and squares of London, with hundreds of citizens holding placards that read, “I support Palestine Action”. Consider that these individuals are often elderly and retired folk, mostly self-evidently respectable and usually without much knowledge of the secret workings of Palestine Action. Now, they may be self-indulgent, and some indeed may accuse them of being naive, but are they really guilty of supporting terrorism in the sense that most of us understand that concept?
I suggest that these people are using a form of shorthand to demonstrate their opposition to the policies of Israel in Gaza and the West Bank. If they stood outside the Israeli embassy and shouted, “Down with Netanyahu”, or words to that effect, they would be doing no more than they are entitled to do, and I do not think the use of the shorthand, “I support Palestine Action”, however ill-advised the use of that phrase may be, makes them guilty of an act of terrorism.
There are at least three serious objections to the law as it is now framed. First, it is a serious restriction on free speech. I do not refer to the European convention, although that may be engaged in this instance; I refer rather to the long-established rights of citizens to demonstrate and express their views. That is a right to be restricted in only the most compelling of cases.
Viscount Hailsham (Con)
My Lords, this has been a very interesting debate, not least because I seem to have had the effect of uniting the two Front Benches in a common position so far as my two amendments are concerned. There is a huge difference between the glorification of terrorism, which is deeply offensive, and those who demonstrate their hostility to the policies of Israel by holding up a placard. I do not believe they are the same. In time, we must come to restrict the application of Section 12 of the Terrorism Act. That said, we have discussed it sufficiently for this evening, and I hope I will be forgiven if I withdraw Amendment 447.