Lib Dem Home Affairs spokesperson Lisa Smart has written to the Independent Reviewer of Terrorism legislation Jonathan Hall KC to ask him to review the legislation that led to the arrest of more than 500 people for expressing support for proscribed organisation Palestine Action.

To cover all her bases, she has also written to Home Secretary Yvette Cooper to ask her to order an independent investigation by Jonathan Hall.

She said:

Acts of terrorism, antisemitic hate and violence, and violent disorder should all be punished to the fullest extent of the law and are totally unacceptable. It is right that the police already have the powers to make clear to organisations and individuals that we, as a society, will not stand for it and the consequences will be serious.

In the case of arresting hundreds of peaceful protesters not engaging in these actions, in a country that prides itself on democratic debate, these measures appear disproportionate. The Conservatives clamped down on the right to protest peacefully and this Labour government now risks doing the same.

We must protect the pillars of our democracy and where there is a chance they have been put at risk, we must look again. That is why I am urging the Independent Reviewer of Terrorism Legislation to take up this review and if it is found the Government’s actions are indeed chilling freedom of speech then they must change course and address this in legislation.

Here is her letter to Jonathan Hall in full:

Dear Mr Hall,

RE: Request for urgent review of Section 12(1A) and Section 13 of the Terrorism Act 2000 in light of recent Palestine Action arrests

In light of the recent arrests related to Palestine Action, I am writing in my capacity as Liberal Democrat Spokesperson for Home Affairs to urge you to undertake an urgent review of Section 12(1A) and Section 13 of the Terrorism Act 2000.

As I am sure you are aware, this weekend, 522 protesters were arrested for displaying an item (in this case a placard) in support of a proscribed organisation (in this case Palestine Action) contrary to Section 13 of the Terrorism Act 2000. If convicted, they could each now face up to six months in prison. While we recognise the serious nature of this group’s activities, including criminal offences such as vandalism of military equipment and RAF aircraft, aggravated burglary and violent disorder, and some cases awaiting the conclusion of trials, we are deeply concerned about the use of terrorism powers against peaceful protesters in this context.

The then Conservative government, as part of their sustained campaign to clamp down on protest, chose to extend terrorism legislation in 2018 to include new offences. These included expanding the scope of Section 13 and creating a new offence in Section 12(1A) of expressing an opinion or belief that is supportive of a proscribed organisation, which carries a maximum penalty of 14 years in prison.

At the time, the Liberal Democrats voted against these provisions because we were deeply concerned about their potential impact on free speech and civil liberties. Sadly, those concerns are now being realised. This Labour government has not taken steps to reverse these measures, instead adopting the Conservative playbook rather than standing up for the right to peaceful protest, a fundamental pillar of any liberal democracy.

There is no doubt that individuals employing violence, antisemitic abuse or hate speech to protest should face serious consequences, but as you noted they can – and should – already be prosecuted and punished under existing laws:

“Stirring up racial hatred contrary to section 19 Public Order Act 1986 has proven an effective and proportionate means for prosecuting expressions of antisemitic hatred at pro-Gaza protests, and online. In my view it was far better to prosecute this offence than to extend existing terrorism law.”

Instead, Section 13’s use to arrest individuals exercising their right to peaceful protest this weekend sets a troubling precedent and risks having a chilling effect on both free speech and legitimate democratic dissent. In light of this, I urge you to review these sections of the Terrorism Act 2000 and assess whether the application of Section 13 in this context is appropriate and, if not, to consider whether the legislation requires amendment to prevent misuse in future.

Yours sincerely,

Lisa Smart MP

Liberal Democrat Spokesperson for Home Affairs

Whether this will be enough for party members who have expressed disquiet about our relative silence on this matter remains to be seen.  Some might argue that a liberal party could decide for itself when Governments flout civil liberties and create a lot of noise about it.