Scottish court approves legal challenge to UK's Palestine Action ban
Scottish judges have approved plans for a judicial review of the UK government’s ban on the direct action group, Palestine Action.
The Court of Session in Scotland green-lit a judicial review of the group’s proscription on 17 and 18 March following a procedural hearing on 23 February.
Former Home Secretary Yvette Cooper passed an order in July banning Palestine Action under terrorism legislation. A separate judicial review challenging the decision is ongoing in England and Wales.
The campaign group Defend Our Juries (DOJ) said the move could result in the ban's reversal in Scotland, prompting a “constitutional crisis," with the proscription annulled north of the border but in force in the rest of the UK.
The hearing followed a petition lodged by former British diplomat Craig Murray, which asked the court of session - Scotland's supreme civil court - to declare the ban "ultra vires" -meaning beyond the legal power or authority of the home secretary.
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The hearing focused on two preliminary objections raised by UK government lawyers.
One concerned Murray's lack of sufficient standing, as he is not a Palestine Action member, and the second argued that the Scottish legal challenge could not take place while the English judicial review is still ongoing.
However, according to court documents viewed by the National, the judge said: "I am satisfied that it is appropriate to grant permission for this judicial review to proceed in Scotland notwithstanding the existence of English proceedings which are at a more advanced stage."
In October, Freedom of Information disclosures revealed that the Scottish counter-terrorism board concluded at a meeting in May that Palestine Action's activities are "not close to meeting the statutory definition of terrorism".
In her statement to parliament explaining her decision to ban the group, Cooper cited a Palestine Action occupation of a factory run by the arms company Thales in Glasgow in May 2022.
A DOJ spokesperson said Cooper had "lied" about the action being retrospectively considered "an act of terrorism".
"It was never for Yvette Cooper to claim what is, and is not, considered 'terrorism' in Scotland - it was always a matter for Scotland to decide," the spokesperson said.
The campaign group added that the ban had unleashed "chaos" in Scotland.
"People have been offered £100 fines to avoid prosecution, and the arrest of peaceful protestors for simply holding signs has been inconsistent across the board.
"This law does not serve the public, it only serves to protect the Israeli weapons trade."
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