Chambers’ Dictionary defines terrorism as “an organized system of violence and intimidation, especially for political ends, and the state of fear and submission caused by this”. The Terrorism Act 2000 has a rather wider definition. Section 1 includes action designed to influence the government, and includes serious damage to property.
That means that Yvette Cooper was almost certainly within her powers in asking Parliament to proscribe Palestine Action; but the actions of that group are not within the everyday understanding of the concept of terrorism. When I learned of the events at Brize Norton, my reaction was not “I am terrified” but “Whatever was the RAF playing at, that a group of peaceniks could hop over the perimeter fence, walk up to several million pounds’ worth of warplane, and trash it?”
And while proscribing the organisation was probably lawful, it doesn’t seem to have been remotely sensible. Proscription has led to some entirely predictable over-reach, exemplified by Jon Farley’s arrest for holding up a copy of a Private Eye cartoon, and Roger Cauthery being refused admission to the Royal Albert Hall for wearing a small lapel pin bearing the Palestinian flag. And it has also led to an entirely predictable embarrassment for the Metropolitan Police as hundreds of eminently respectable people very publicly hold up placards proclaiming “I OPPOSE GENOCIDE…” The dilemma is that either you arrest all these people and look ridiculous, or you don’t and acknowledge that the law is a meaningless nonsense.
The Terrorism Act 2000 was another in a long line of badly thought out pieces of legislation seeking to address terrorist threats. The first of them, of course, was the Prevention of Terrorism (Temporary Provisions) Act 1974, the first achievement of which was the framing of the Guildford Four. The 2000 Act hasn’t caused too much difficulty up to now because it has generally been applied with good sense. What appears to have been an angry reaction to what was admittedly a serious and reprehensible piece of criminality did not involve good sense.
Interviewing Jonathan Porritt on Newsnight, Victoria Derbyshire rather sententiously suggested that you can’t pick and choose what laws to obey. It’s understandable that history, and the BBC, appears to have forgotten the post-war saga of identity cards. These were introduced as an emergency measure at the outbreak of World War 2. The post-war Labour Government “omitted” to repeal the relevant legislation, and the practice grew up of the Police routinely demanding the production of identity cards whenever they stopped someone. One Harry Willcock, an unrepentant Liberal member of the Awkward Squad, was stopped for speeding and refused “on principle” to produce his identity card. On his appeal from the inevitable conviction before the Magistrates, Lord Goddard, no wet liberal (and indeed, in my book, possibly one of the worst Chief Justices of all time) said: