The Home Office is set to appeal against the High Court ruling allowing Palestine Action co-founder Huda Ammori to proceed with a legal challenge against the Government over the group’s ban as a terror organisation.
Ms Ammori took legal action against the department over Home Secretary Yvette Cooper’s decision to proscribe the group under anti-terror laws, which made membership of, or support for, the direct action group a criminal offence punishable by up to 14 years in prison.
In July, Mr Justice Chamberlain gave Ms Ammori the green light to proceed with her claim after finding that two arguments put forward on her behalf were “reasonably arguable”.
The case is due to be heard at a three-day hearing in November but the Home Office has been given the green light to challenge Mr Justice Chamberlain’s decision.
In a court order last month, seen by the PA news agency, Lord Justice Underhill said that while he could “see the force in (Mr Justice Chamberlain’s) reasoning”, he believed “that the appeal has a real prospect of success”.
He continued that it was “highly desirable” for the appeal to be heard “as soon as possible”, with the challenge expected to be heard on September 25.
Reacting to the decision, Ms Ammori said: “The political misstep by Yvette Cooper has led to hundreds facing prosecution under the Terrorism Act, leading to a much wider chilling effect on freedom of speech.
“Whilst this has already been catastrophic for the civil liberties of the general public, we still don’t know the full extent of the unforeseen consequences by this proscription.
“In spite of all this, Yvette Cooper is doubling down by seeking to appeal the judge’s ruling in my favour.
“By doing so, the Home Secretary is trying to avoid scrutiny of her decision and is asking for chaos in the criminal courts.”
Ms Cooper announced plans to ban Palestine Action days after the group claimed responsibility for an action in which two Voyager planes were damaged at RAF Brize Norton on June 20.
Speaking on June 23, she said that the vandalism of the two planes, which police said caused an estimated £7 million of damage, was “disgraceful”.
Ms Ammori then lost a High Court bid to temporarily block the ban from coming into effect in early July.
The Court of Appeal then dismissed a bid to appeal against that decision less than two hours before the proscription came into force on July 5.
But following a hearing on July 21, Mr Justice Chamberlain ruled on July 30 that Ms Ammori could proceed with her legal challenge, finding that it was arguable that the proscription “amounts to a disproportionate interference” of her rights to freedom of expression and freedom of assembly.
The judge continued that a second argument, that Ms Cooper failed to consult Palestine Action “in breach of natural justice”, could also go to a full hearing.
He said: “As a matter of principle, I consider that it is reasonably arguable that a duty to consult arose.”
He continued: “Having considered the evidence, I also consider it reasonably arguable that there was no compelling reason why consultation could not have been undertaken here.”
Mr Justice Chamberlain refused to allow Ms Ammori to challenge the Government’s decision on several other grounds, including a claim that the Home Secretary failed to gather sufficient information on Palestine Action’s activities or the impact of the proscription on people associated with it.
Raza Husain KC, for Ms Ammori, previously told the court that the ban had made the UK “an international outlier” and was “repugnant”.
Mr Husain added: “The decision to proscribe Palestine Action had the hallmarks of an authoritarian and blatant abuse of power.”
The Home Office is defending the legal action, with Sir James Eadie KC, for the department, telling the court in written submissions in July that by causing serious damage to property, Palestine Action was “squarely” within part of the terrorism laws used in proscription.
Previously, Ben Watson KC, also for the Home Office, said Palestine Action could challenge the Home Secretary’s decision at the Proscribed Organisations Appeal Commission, a specialist tribunal, rather than at the High Court.
A number of protests against the Palestine Action ban have been held over the summer, where more than 700 people have been arrested and more than 100 charged.
Several hundred protesters are set to take action in London, Belfast and Edinburgh this weekend, holding signs saying: “I oppose genocide. I support Palestine Action.”
The action is planned on condition of at least 1,000 people pledging support, but hundreds more are said to be planning to take part.
