THE Scottish Greens have demanded clarity on how the ban on Palestine Action is being implemented in Scotland.
Justice Secretary Angela Constance has been asked to set out her discussions with the Lord Advocate and Police Scotland on enforcing Westminster’s proscription of the group under the Terrorism Act.
It comes after acclaimed screenwriter Paul Laverty was charged with a terrorism offence earlier this week for wearing a T-shirt which read: “Genocide in Palestine time to take action.”
In a letter to the Justice Secretary, Greens MSP Maggie Chapman said: “I am deeply concerned about the harsh and authoritarian way peaceful protesters have been treated by Police Scotland following the proscription of Palestine Action.
“Most recently, footage shows Police Scotland officers arresting Scottish screenwriter Paul Laverty under terrorism laws, for wearing a t-shirt that read: ‘Genocide in Palestine time to take action.’”
She asked the Justice Secretary for information on the following points:
- What conversations you have had with Police Scotland about the Scottish Government’s and Police Scotland’s interpretation of the proscription of Palestine Action and the consequences of this interpretation;
- Whether any guidance has been issued by Police Scotland following the proscription of Palestine Action, including any guidance on the interpretation of peaceful protest;
- Whether the Scottish Government has had any discussions with the Lord Advocate about her views of what is in the public interest as far as these issues are concerned;
- Whether the Scottish Government will provide a statement on how Police Scotland are implementing the law and why.
Though much of the Scottish justice system is controlled by the Scottish Parliament, terrorism is one area of the law which remains in the gift of Westminster.
Chapman (below) said that clarity from the Scottish Government would “be helpful for communities, protesters, parliamentarians and others to understand how our moral and legal rights and obligations, including those contained in the Geneva Convention, can be protected and supported”.
She added: “There is no justification for detaining people standing peacefully with Gaza. It is an attack on basic free speech and a total waste of police time and resources.
“The right to protest is a cornerstone of our democracy. Peaceful protest should never be a crime and nor should defending that right.
“I urge the Scottish Government to provide clarity on how they are interpreting the law and if arresting a peaceful protester for wearing a T-shirt that didn’t even mention Palestine Action is consistent with their understanding of it.”
A Police Scotland spokesperson said: "We have a legal duty to protect the rights of people who wish to peacefully protest or counter-protest. “It is an offence under the Terrorism Act 2000 to be a member of a proscribed organisation or to invite or express support for them. “This includes wearing clothing or carrying any item in public in such a way as to arouse suspicion that they are a member of, or a supporter of a proscribed organisation. “We are working closely with the Crown Office and Procurator Fiscal Service. Where police consider there is a sufficiency of evidence, they submit reports to the Procurator Fiscal. “The fiscal will then consider whether there is enough evidence in law and decides what action, if any, to take in the public interest.”
A Scottish Government spokesperson said: "It is important that we live in a society where people have the right to protest, campaign and express their views in a democratic, respectful and lawful manner.
“The decision to proscribe an organisation is reserved to the UK Government. The operational policing of any proscription is a matter for Police Scotland and decisions on prosecutions are for the Crown Office and Procurator Fiscal Service.”
