Palestine Action ban 'disproportionate' and should be overturned, rules High Court

The decision to ban Palestine Action as a terror group was “disproportionate” and should be overturned, the High Court has ruled.

The group’s co-founder, Huda Ammori, took legal action against the Home Office over then-home secretary Yvette Cooper’s decision last year to proscribe the group under the Terrorism Act 2000.

In a ruling on Friday, Dame Victoria Sharp said Ms Ammori had won on two of her four grounds of challenge, but said the ban would remain to allow further arguments and the Government time submit an appeal.

That means it currently remains a criminal offence to be a member of, or support, Palestine Action, with the Home Office stating that it will seek to challenge the ruling at the Court of Appeal.

In a 46-page ruling, Dame Victoria, sitting with Mr Justice Swift and Mrs Justice Steyn, said: “Deciding where the balance should be struck in this case is difficult.

“When striking the balance between issues such as these the court must permit some latitude to the Home Secretary given that she has both political and practical responsibility to secure public safety.

“Nevertheless, we are satisfied that the decision to proscribe Palestine Action was disproportionate.

“At its core, Palestine Action is an organisation that promotes its political cause through criminality and encouragement of criminality. A very small number of its actions have amounted to terrorist action.”

Reading a summary of her ruling in court, she said: “The nature and scale of Palestine Action’s activities falling within the definition of terrorism had not yet reached the level, scale and persistence to warrant proscription.”

The judge concluded in her judgment that “we propose to make an order quashing the home secretary’s decision to proscribe Palestine Action”, but said in court that the group remains proscribed pending further legal arguments over whether the quashing of the decision should be paused.