Banning Palestine Action as a terror organisation had the hallmarks of a “blatant abuse of power” and made the UK an “international outlier”, the High Court has heard.
The group’s co-founder Huda Ammori is making a bid to legally challenge Home Secretary Yvette Cooper’s decision to proscribe the group under anti-terror laws, announced after the group claimed an action which saw two Voyager planes damaged at RAF Brize Norton on June 20.
The ban means that membership of, or support for, the direct action group is now a criminal offence punishable by up to 14 years in prison.
On July 4, Ms Ammori failed in a High Court bid to temporarily block the ban coming into effect, with the Court of Appeal dismissing a challenge over that decision less than two hours before the proscription came into force on July 5.
The case returned to the High Court in London on Monday, where lawyers for Ms Ammori asked a judge to grant the green light for a full legal challenge against the decision to ban the group, saying it was an “unlawful interference” with freedom of expression.
Raza Husain KC said: “We say the proscription of Palestine Action is repugnant to the tradition of the common law and contrary to the ECHR (European Convention on Human Rights).”
The barrister continued: “The decision is so extreme as to render the UK an international outlier.”
Mr Husain added: “The decision to proscribe Palestine Action had the hallmarks of an authoritarian and blatant abuse of power.”
“The consequences are not just limited to arrest,” Mr Husain later said, telling the court there was “rampant uncertainty” in the aftermath of the ban.
Blinne Ni Ghralaigh KC, also for Ms Ammori, later said: “The impacts (of proscription) have already been significant.”
She continued: “Dozens and dozens of people have been arrested for protesting, seated and mostly silent protest.”
The barrister later told the court that Merseyside Police had bailed arrested protesters with a condition not to mention Palestine.
“People have been bailed to not mention Palestine?” Mr Justice Chamberlain asked, with Ms Ni Ghralaigh replying: “It is a condition of bail that they do not mention Palestine.”
“The Secretary of State has not distanced herself from any of these actions,” she continued, adding that Ms Cooper had not described actions like this as an “overreach”.
The Home Office is defending the legal challenge.
Previously, Ben Watson KC, for the Home Office, said Palestine Action could challenge the Home Secretary’s decision at the Proscribed Organisations Appeal Commission (POAC), a specialist tribunal, rather than at the High Court.
Sir James Eadie KC, representing the department on Monday, said that an “exceptional case” would be needed for it to go to the High Court, rather than the POAC.
He said: “Judicial review is, and has been accepted to be, a remedy of last resort and that is for very good and well-established reasons.”
However, Mr Husain told the court on Monday morning that the POAC was not “convenient nor effective” in this case.
He continued: “It would be quite absurd to say that we should tolerate the consequences of the proscription… even if it is unlawful, and just go to POAC.
“That is an absurd position.”
In written submissions, Sir James said that by causing serious damage to property, Palestine Action was “squarely” within part of the terrorism laws used in proscription.
He said: “There is no credible basis on which it can be asserted that the purpose of this activity is not designed to influence the government, or to intimidate the public or a section of the public, and for the purpose of advancing a political, religious, racial or ideological cause.”
Ms Cooper announced plans to proscribe Palestine Action on June 23, stating that the vandalism of the two planes, which police said caused an estimated £7 million of damage, was “disgraceful”.
More than 100 people were arrested across the country during demonstrations this weekend protesting against the proscription, with protests held in London, Manchester, Edinburgh, Bristol and Truro on Saturday.
Saturday’s arrests brought the total number of people arrested since the ban came into force to more than 200, with more than 72 arrested across the UK last weekend and 29 the week before.
The hearing before Mr Justice Chamberlain concluded on Monday, with the judge saying he would give his decision on July 30.
