Palestine Action is set to be banned after a High Court judge refused a bid to temporarily block it from being designated as a terror group.
Huda Ammori, the co-founder of Palestine Action, asked the High Court to temporarily block the Government from banning the group as a terrorist organisation before a potential legal challenge against the decision to proscribe it under the Terrorism Act 2000.
The move is set to come into force at midnight after a High Court judge refused Ms Ammoriâs bid for a temporary block.
Mr Justice Chamberlain said: âI have concluded that the harm which would ensue if interim relief is refused but the claim later succeeds is insufficient to outweigh the strong public interest in maintaining the order in force.â
Lawyers for Ms Ammori were also refused permission to appeal and were told to go to the Court of Appeal itself.
In a 26-page judgment, Mr Justice Chamberlain said that âsome of the consequences feared by the claimant and others who have given evidence are overstatedâ.
He continued: âIt will remain lawful for the claimant and other persons who were members of Palestine Action prior to proscription to continue to express their opposition to Israelâs actions in Gaza and elsewhere, including by drawing attention to what they regard as Israelâs genocide and other serious violations of international law.
âThey will remain legally entitled to do so in private conversations, in print, on social media and at protests.â
He added: âThat said, there is no doubt that there will be serious consequences if the order comes into effect immediately and interim relief is refused.â
The proposal was approved by both the House of Commons and the House of Lords earlier this week and would make membership and support for the direct action group a criminal offence punishable by up to 14 years in prison.
Some 81 organisations are already proscribed under the 2000 Act, including Hamas, al Qaida and National Action.
At a hearing on Friday, Raza Husain KC, for Ms Ammori, asked the court to suspend the âill-consideredâ and âauthoritarian abuse of statutory powerâ until a hearing due around July 21.
Mr Husain told the London court: âThis is the first time in our history that a direct action civil disobedience group, which does not advocate for violence, has been sought to be proscribed as terrorists.â
The barrister said that his client had been âinspiredâ by a long history of direct action in the UK, âfrom the suffragettes, to anti-apartheid activists, to Iraq war activistsâ.
The hearing later in July is expected to deal with whether Ms Ammori can bring a High Court challenge over the planned proscription.
Blinne Ni Ghralaigh KC, also representing Ms Ammori, told the court that there was no âexpress provisionâ to protect lawyers representing her in the potential legal challenge from criminal consequences if the ban came into effect.
She also said that if the ban came into effect the harm would be âfar-reachingâ, could cause âirreparable harm to large numbers of members of the publicâ, including causing some to âself-censorâ.
Ms Ni Ghralaigh later named Normal People author Sally Rooney, who lives abroad and âfears the ramifications for her, for her work, for her books, for her programmesâ if she shows support for Palestine Action.
âIs the Prime Minister going to denounce her, an Irish artist, as a supporter of a proscribed organisation?â
âWill that have ramifications for her with the BBC, etc?â Ms Ni Ghralaigh asked.
Ben Watson KC, for the Home Office, told the High Court there was an âinsuperable hurdleâ in the bid to temporarily block the ban of Palestine Action.
The barrister also said that if a temporary block was granted, it would be a âserious disfigurement of the statutory regimeâ.
He said Palestine Action could challenge the Home Secretaryâs decision at the Proscribed Organisations Appeal Commission, a specialist tribunal, rather than at the High Court.
Fridayâs hearing comes after an estimated ÂŁ7 million worth of damage was caused to two Voyager planes at RAF Brize Norton on June 20, in an action claimed by Palestine Action.
Home Secretary Yvette Cooper announced plans to proscribe Palestine Action on June 23, stating that the vandalism of the two planes was âdisgracefulâ and that the group had a âlong history of unacceptable criminal damageâ.
Mr Justice Chamberlain said that an assessment on whether to ban the group had been made as early as March, and âprecededâ the incident at RAF Brize Norton.
Four people were charged in connection with the incident.
