Judge allows judicial review of Palestine Action ban

A judicial review of the ban on Palestine Action can go ahead, a judge at Scotland’s highest civil court has ruled.

Lord Young issued his decision following a hearing at the Court of Session earlier this month into whether to allow a review of the proscription of Palestine Action as a terror organisation.

The ban began in July last year following former home secretary Yvette Cooper’s decision to proscribe the group under anti-terror laws.

On Tuesday, Lord Young granted permission for the judicial review to proceed, with a procedural hearing on February 23 and a two-day substantive hearing on March 17 and 18, court officials confirmed.

The petition for a judicial review was brought by ex-diplomat Craig Murray, who was represented by Joanna Cherry KC at the hearing earlier in January.

She told the court on January 12: “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.”

The Scottish Palestine Solidarity Campaign (SPSC) welcomed news the review can go ahead.

Mick Napier of SPSC said: “This judgment is doubly welcome. It offers real hope that the judicial review scheduled for March 17–18 will halt this escalating madness by challenging the wholesale arrests of peaceful protesters.”

He added: “Hats off to Craig Murray and everyone who helped promote this effort, even when it appeared to have only a slim chance of success.”

Scottish Green justice spokeswoman Maggie Chapman said: “Peaceful protest and solidarity should never be a crime, and nor should defending the right of others to protest peacefully.

“I hope that this decision will be a crucial step in overturning this ridiculous anti-democratic law.”

A UK Government spokesman said: “We are disappointed in the court’s decision and will robustly defend the proscription in the courts.

“Palestine Action has conducted an escalating campaign involving not just sustained criminal damage, including to Britain’s national security infrastructure, but also intimidation and alleged violence and serious injuries to individuals.

“That kind of activity puts the safety and security of the public at risk.

“Until these legal proceedings are concluded, it would not be appropriate to comment further.”