Palestine Action has been granted permission by the Court of Appeal to proceed with a legal challenge against the Government’s decision to outlaw the group using anti-terror legislation. Today, the Home Office’s attempt to block the challenge was unsuccessful, marking a significant development that sets the stage for a thorough review of the ban by a High Court judge next month.
The ban, which came into effect on July 5, criminalized membership in or support for Palestine Action, carrying a penalty of up to 14 years in prison. This categorization placed Palestine Action alongside organizations such as Islamic State and the neo-Nazi group National Action.
Since the ban was enforced, over 2,000 individuals have been arrested on suspicion of backing the group, as reported by campaign group Defend Our Juries. Huda Ammori, co-founder of Palestine Action, initiated legal proceedings against the decision by former Home Secretary Yvette Cooper to proscribe the group under anti-terror laws.
Despite government ministers’ efforts to halt the judicial review, citing an established process for challenging banning orders, Lady Chief Justice Baroness Carr dismissed the Home Office’s intervention. She emphasized that the judicial review offered a quicker avenue to contest the proscription of Palestine Action compared to seeking deproscription.
In response to the ruling, Ms. Ammori expressed satisfaction, stating, “The Court of Appeal has rightfully rejected Yvette Cooper’s bid to obstruct a legal review of her excessively authoritarian ban – while granting us additional grounds for contesting it.” She hailed the decision as a significant triumph not only against a severe encroachment on civil liberties but also for upholding the principle of ministerial accountability in cases of unlawful conduct.
In a detailed 37-page judgment, Lady Chief Justice Baroness Carr, alongside Lord Justice Edis and Lord Justice Lewis, explained that the process for deproscription appeals at POAC was designed for a different scenario. A spokesperson for the Home Office acknowledged the Court of Appeal’s ruling, stating that they would carefully assess its implications. The spokesperson reiterated that Palestine Action remains a proscribed entity, cautioning that individuals supporting the group would face legal repercussions, emphasizing the distinction between backing Palestine and endorsing a banned terrorist organization.