Banning Palestine Action as a terror group would have a “chilling effect”, the Court of Appeal has been told in a last-minute challenge to temporarily stop the ban.
Earlier on Friday Huda Ammori, the group’s co-founder, unsuccessfully asked the High Court to temporarily block the Government from designating 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 to come into force at midnight after judge Mr Justice Chamberlain refused the bid for a temporary block, however lawyers for Ms Ammori took her case to the Court of Appeal on Friday evening.
In his decision refusing the temporary block, Mr Justice Chamberlain said: “I 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.”
Blinne Ni Ghralaigh KC, for Ms Ammori, said that the judge wrongly decided the balance between the interests of her client and the Home Office when deciding whether to make the temporary block.
She said: “The balance of convenience on the evidence before him, in our respectful submission, fell in favour of the claimant having regard to all of the evidence, including the chilling effect on free speech, the fact that people would be criminalised and criminalised as terrorists for engaging in protest that was not violent, for the simple fact that they were associated with Palestine Action.
“He had evidence before him of the evidence on possible employment rights and education rights and the right to liberty and he failed properly to determine that the balance of convenience fell in the claimant’s favour.”
She also told the Court of Appeal that Mr Justice Chamberlain “failed properly to consider” that banning the group “would cause irreparable harm”.
Ms Ni Ghralaigh said: “There was significant evidence before him to demonstrate the chilling effect of the order because it was insufficiently clear.”
She continued that the ban would mean “a vast number of individuals who wished to continue protesting would fall foul of the proscription regime due to its lack of clarity”.
The barrister added: “He failed to consider that the proscription regime was not necessary in a democratic society, because it wasn’t proportionate to the aims sought, because there were alternative methods available to prevent the serious damage to property that was an issue.”
Ben Watson KC, for the Home Office, told the Court of Appeal that Mr Justice Chamberlain gave a “detailed and careful judgment” which was “all the more impressive given the time constraints”.
He added that the judge “was entitled to reach the conclusion that he did”.
The barrister said: “The judge conducted a very careful analysis of all the matters he relied upon.”
Mr Watson also said that the judge was “alive” to the possible impacts of the ban, including the potential “chilling effect” on free speech.
“There was no error by the judge in concluding that there was a serious question to be tried while at the same time acknowledging that he couldn’t, on the material in front of him, say that it had strong prospects of success,” he added.
The Lady Chief Justice Baroness Carr, sitting with Lord Justice Lewis and Lord Justice Edis, said that they hoped to give a judgment on the appeal shortly after 10pm.
Baroness Carr said: “We will have a decision for you before midnight.”
