Review of Palestine Action terror ban is ‘urgent’, Court of Session told

An “urgent” review of the ban on Palestine Action must take place, a court has been told.

On Monday, a hearing to decide whether to allow a judicial review into the proscription of Palestine Action as a terror organisation was heard at the Court of Session in Edinburgh.

The petition was brought by ex-diplomat Craig Murray, who was represented by ex-SNP MP Joanna Cherry KC and heard before Lord Young.

Ms Cherry said: “There is some suggestion the way in which the proscription is being enforced in Scotland differs slightly and that counter terrorism policing advice which has been followed from CPS (Crown Prosecution Service) – that no action should be taken in terms of certain slogans or T-shirts.

“People branding the same slogan are being proceeded against in Scotland.”

However, Mark Lindsay KC, acting for the Advocate General, said any new legal proceedings in Scotland would be “out of synch” with similar litigation in England which proceeded over three days in the High Court in London before Christmas.

He suggested that the petition should be sisted (paused) for a period of three months, until the High Court decision was known.

He also said there was a question over whether Mr Murray had sufficient “standing” to be allowed to proceed.

Mr Lindsay said: “The respondent is not suggesting for one moment that Mr Murray is a busybody, it is accepted he is acting in good faith in a matter, he feels strongly about. A decision has to be made whether he has sufficient standing.”

He said there was no specific “Scottish dimension”, however, Ms Cherry said that the actions of law enforcement authorities had been different on the two sides of the border.

Ms Cherry described the case as of “great constitutional significance” and cited affidavits from Mr Murray and a founder of Palestine Action.

She said: “This is a case of great constitutional significance which impacts on fundamental liberty and human rights of people living and working in Scotland.

“Generally, people enjoy the freedoms of expression and assembly set out in Articles 10 and 11 set out in the European Court of Human Rights; this proscription has curtailed those liberties and Your Lordship will see from affidavits the impact that this proscription has had on many otherwise law abiding people.”

She read from Mr Murray’s affidavit which said: “I am a Scot, I live in Scotland, Scotland is where I wish to publish my views in support of Palestine Action, Scotland is where my rights of Articles 10 and 11 are being infringed.

“I wish to seek protection of courts in my own jurisdiction… as I understand it, the Scottish courts are not subservient to courts in England and Wales, their opinion is equally valid and most importantly they have the absolute right to take a different view from the courts in England and Wales.

“The impact of proscription of Palestine Action has been appalling… scores of peaceful people of entirely good character have been arrested under the absurd pretence of terrorism.”

Ms Cherry added: “There is an urgency to determine whether the proscription of Palestine Action is lawful so ordinary citizens of Scotland who want to protest and express their support for the organisation Palestine Action may know if it is lawful for them to do so.

“There are a large amount of people in Scotland facing very serious convictions as terrorists or supporters of terrorism. If the petition is successful, then, these proscription will be quashed and those people won’t have to worry.”

She said: “We are dealing with human rights and liberties – some of the most fundamental in our society.

“If people don’t have the right to express their views and assemble to express their views, they can’t really take part in civil society properly and adequately. It’s hard to imagine a more urgent situation.”

Lord Young said: “Clearly this is a very anxious matter. I will issue my decision hopefully this week if not shortly after.”