Prevention and Suppression of Terrorism — House of Commons, 2021-11-24
Topic: Law and Crime
Hilary James Benn (Labour, Centre-left): I recognise that, and it is one of the consequences of the blockade that has affected the people of Gaza for a very long time Secondly, what about peacebuilding organisations such as Forward Thinking? Over the years, as the Minister may be aware, Forward Thinking has brought leaders of the parties to the conflict, from Israel and from the Palestinian side, to Britain and Northern Ireland to meet former foes who talk them through the journey they made that led from armed conflict to the Good Friday agreement. That has included leaders from Hamas. I have seen the work of Forward Thinking at first hand, and I have participated in some of it. It is deeply impressive and, in my view, very important The Home Office document, "Proscribed terrorist groups or organisations", published in 2015, sets out the offence and draws attention to section 12(4), which "provides a defence, in the case of a private meeting addressed by a member of a proscribed organisation, if a person can prove that they had no reasonable cause to believe that the address would support the proscribed organisation or advance its terrorist activities Further, the explanatory notes to the Terrorism Act 2000"— the explanatory notes are designed to help the courts and prosecutors in deciding whether it is in the public interest to prosecute— "explain that the defence in section 12(4) is intended to permit the arrangement of ‘genuinely benign’ meetings…designed to encourage a designated group to engage in a peace process or facilitate delivery of humanitarian aid where this does not involve knowingly transferring assets to a designated organisation." There is also the question of journalists. On reading the guidance, it seems to me that the activities I have highlighted would not be caught by this order, but I look to the Minister for reassurance None of the individuals involved will want to fall foul of the law. I recognise what is said in the Home Office document but, for the kinds of organisations that a number of Members have raised, it is not a satisfactory answer to leave people in the following position: "Well, there is a defence. Hey, if you are prosecuted, you can go to court and advance the defence. You may win, you may not. You may be found guilty." Will the Crown Prosecution Service now produce guidelines on the implications of this kind of order for the activities to which I have drawn attention? I am aware that the independent reviewer of terrorism legislation suggested such guidance in 2018, and I understand that in October 2020 the Home Secretary said she had written to the Attorney General to ask her to discuss the question of such guidance with the Director of Public Prosecutions Can the Minister tell us how those discussions are going? That would help to reassure Members who want the good work of Forward Thinking to continue while supporting the order today. We have an obligation to the staff who do the work and to the trustees of the organisation, because what they are doing is self-evidently good and important work, and I hope it will be able to continue.