Lord Walney warns pro-Palestine Action protest logic could extend to support for Hamas
Peers clash over protest rights after Palestine Action ban
Crossbench peer Lord Walney has suggested that those calling for the right to protest in support of Palestine Action would, by the same logic, support the right to protest peacefully for Hamas or other violent organisations.
The government’s former adviser on political violence and disruption reasoned with peers:“If you follow the logic of those arguing that people who were protesting in support of Palestine Action should not face legal charge, is it not the case that they would then have to say that support for any terrorist organisation, if it was so-called peaceful, should be allowed—so you should be able to peacefully give your support for Hamas or any violent organisation?
“If that is their argument, they need to properly say it, because many people would have problems with that,” added the former Labour MP.
A debate in the House of Lords spotlighted the ongoing struggle to balance the right to protest with national security concerns, as peers clashed over amendments to legislation governing demonstrations and the proscription of organisations under terrorism laws.
Central to the discussion was the Government’s recent decision to proscribe Palestine Action as a terrorist organisation under the Terrorism Act 2000.
Several Lords raised concerns that this move made “any expression of support” for the group—no matter how peaceful—potentially grounds for prosecution. Lord Marks (Liberal Democrat) pressed the Government on whether this unintended consequence meant it was time to review the law.
“The proscription… means that any expression of support, however peaceable, renders it illegal and renders the person expressing such support liable to being prosecuted,” he argued.
Home Office minister Lord Hanson of Flint defended the Government’s decision, saying, “The right to free speech is extremely important… but if a determination is made under the Terrorism Act 2000 that an organisation has crossed that threshold, the Government have a duty to act.”
Further exchanges centered on the balance between protecting the public from disruption and preserving the right to protest.
Lord Blencathra, Conservative, described some proposed amendments to the Crime and Policing Bill as “too extreme” in their defence of protest rights, while also acknowledging the increasing public frustration with disruptive demonstrations.
“If the protesters go too far, the public will take their own action and will rebel,” he warned, referencing incidents where motorists confronted activists blocking roads.
Other peers, including the noble Baroness Fox and Lord Goodman, argued that some inconvenience from protests was the price of democracy.
“Nearly all protests cause some inconvenience and noise without unduly infringing the rights of others,” said Lord Marks, while stressing that his proposed amendment aimed to ensure public authorities had a statutory duty to protect and facilitate the right to protest.
The Government maintained that existing laws and rights—including those set out in the European Convention on Human Rights (ECHR)—were sufficient, and that there was no need for further statutes.
The Minister assured the House that a broader review led by Lord Macdonald would address ongoing concerns, but stopped short of promising immediate reforms.
With divisions unresolved, Lord Marks withdrew his amendment.
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