Proscription of Hezbollah — House of Commons, 2018-01-25
Topic: Law and Crime
Questions: To ask about what would have happened had the whole organisation been proscribed is clearly counterfactual. I am sure that the hon. Gentleman will appreciate that that is entirely hypothetical.
Robert Ben Lobban Wallace (Conservative, Centre-right): On the hon. Lady’s first point, it is not acceptable if the police or CPS do not take action when there are offences that would allow them to do so. It is not always that they are not able; it may be a choice that they have made, either because of resources—we can debate that—or perhaps because they have found that, for the public good, they could do something about it later. I stood on the Falls Road for many months of my life watching paramilitary flags go past. When I was a soldier on those streets, we had the power to do something, but, perhaps for the good of the public order, the view was that we should not do anything about it. I do not know about the individual motives of the people on the march the hon. Lady mentions or of the police on that day, but it is not the case that they do not have the power to do something. This House has given them the powers, year on year, over many decades, to take action I think that we all feel, especially in this social media age, in which we are often inundated by hate and intimidation, whether on Twitter or in emails, that there is a broader debate about how we can deal with and prosecute hate and extremism in this country. Unfortunately, from my point of view it seems to be on an upward rather than downward curve among some groups of people in society Political parties of all colours need to send very strong messages to supporters, allies or over-excited individuals who seek to take our parties’ names and use them alongside hatred, anti-Semitism, racism and Islamophobic comment. All that is unacceptable. We should not forget though that we need to encourage our police and CPS to take action and to set an example with regard to some of these plans. As I have said, the Government continue to exercise proscription power in a proportionate manner in accordance with the law, and we will continue to monitor groups and people of concern Section 3 of the Terrorism Act 2000 provides a power to the Home Secretary to proscribe the organisation if she believes that it is concerned in terrorism. The Act specifies that "an organisation is concerned in terrorism if it commits or participates in an act of terrorism, prepares for terrorism, promotes or encourages terrorism, or is otherwise concerned in terrorism." If the test is met, the Secretary of State must then exercise her discretion to proscribe the organisation. In considering whether to exercise this discretion, she is also guided by the nature and scale of the organisation’s activities, the specific threat that it poses to the United Kingdom, the specific threat that it poses to British nationals overseas, the organisation’s presence in the United Kingdom and the need to support other members of the international community in tackling terrorism Given the wide-ranging impact of proscription, the Home Secretary exercises her powers to proscribe only after a thorough review of the available relevant information and evidence on the organisation. For an individual to be proscribed, the police and Crown Prosecution Service must have evidence to the criminal standard of beyond reasonable doubt that the context and manner for which the flag is displayed, for example, aroused reasonable suspicion that the individual is specifically a member, or a supporter, of that proscribed group and elements of a wider group Peaceful protest is a vital part of our democratic society. It is a long-standing tradition in this country that people are free to gather together and to demonstrate their views, however uncomfortable or repugnant those can be to the majority of us, but they must do so within the law. There is of course a balance to be struck. Protesters’ rights need to be balanced with the rights of others to go about their business without fear of intimidation or serious disruption to the community. Rights to peaceful protest do not extend to violent or threatening behaviour, and the police have powers to deal with as many such acts, as I have said The management of protest is of course a matter left to the police. As I said earlier, the investigation and prosecution of all criminal offences is a matter for the CPS and the police. I will happily push to the organisations —the police and the CPS—the messages that I have heard from the House today to make sure that they step up their efforts in this area.