The Law That Will Allow the UK Government to Ban Palestine Action

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The Government has laid down the law that will see the civil disobedience group Palestine Action banned across the UK – alongside two neo-Nazi groups which glorify racist murder. 

On Monday (30 June) Ministers laid a ‘statutory instrument’ – a form of law-making by ministers that means MPs and peers cannot amend the legislation, but have to simply approve or reject it as a whole. 

The ‘Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2025’ will become law a day after it is signed by the minister at the end of the week, following 90-minutes of debate in the Commons and Lords each. 

The terrorism law requires the “affirmative scrutiny procedure” meaning both Commons and Lords must debate and approve it, unlike less important SIs that use negative procedure.

So this one is getting slightly more scrutiny than usual. That’s no surprise, however, since it is hugely controversial. 

Also being banned this week, in the same act, are the neo-Nazi ‘Maniacs Murder Cult’ (known by their Russian acronym of MKU) and the ‘Russian Imperial Movement’ (RIM/RID), including the Russian Imperial Legion (RIL). 

NBC reports that this May, the alleged leader of MKU – who the group refers to as ‘Commander Butcher’ – was extradited to the US from Moldova, “following his arrest last summer for allegedly instructing an undercover federal agent to dress as Santa Claus and hand out poisoned candy to Jewish children and racial minorities,” in New York, prosecutors said.  

The New Jersey Department for Homeland Security says of the Maniacs Murder Cult that in 2023, they co-authored a “Kill Guide”, which “provided attack tactics, techniques, & procedures” with Neo-Nazi terror group No Lives Matter. The latter calls MKU ‘brothers in arms’ who together can ‘strike anywhere’ through racist killings. 

In 2020, the US state department designated the Russian Imperial Movement (RIM) and members of its leadership as Specially Designated Global Terrorists, “the first time in history the Department has designated a white supremacist terrorist group.” 

“RIM has provided paramilitary-style training to white supremacists and neo-Nazis in Europe and actively works to rally these types of groups into a common front against their perceived enemies.  RIM has two training facilities in St. Petersburg.”

The International Centre for Counter-Terrorism states that the Russian Imperial Movement is a “loose conglomerate of extreme right-wing, nationalist and imperial groups that insist on conducting a more active and aggressive military campaign in Ukraine, including possible use of nuclear weapons.” RIM is reported to be actively involved in fighting for Putin in the war on Ukraine. 

Palestine Action, which is accused of breaking into RAF Brize Norton in Oxfordshire earlier this month and spray-painting military planes, is therefore being banned alongside a neo-Nazi murder cult.

The Commons debate on banning the three groups is likely to be scheduled for Wednesday, with the Lords likely to debate it on Thursday. 

Usually, the Lords must either wait for a Joint Committee on Statutory Instruments to scrutinise the legislation. Alternatively, a ‘business motion’ must be passed to set aside the Lords’ requirement for this scrutiny.

But it seems likely that the Government will ask peers to waive their usual committee scrutiny, and have just a debate on the legislation, expert Dr Ruth Fox of the Hansard Society tells Byline Times. 

Once both houses approve, the Secretary of State signs it into law, with the ban taking effect the day after it’s signed. 

Byline Times understands it is set to be signed on Friday and come into force on Saturday, assuming neither house votes down the statutory instrument – something that almost never happens. 

Dr Fox says there’s “no chance” of that happening: “[Peers] have only rejected a handful of statutory instruments since 1945.” 

The constitutional expert says it’s standard practice to group multiple terrorism proscriptions together in one SI to save parliamentary time, rather than having separate debates for each organisation. 

But she adds: “We’ve long said that statutory instrument scrutiny is poor. There’s a limited amount of time for consideration. And in areas like this, it’s done quickly…The whole procedure needs to be improved.” 

Supporters of Palestine Action’s case are awaiting an urgent High Court challenge to potentially stop the ban coming into effect.

However, Dr Fox considers it unlikely to succeed, given the broad powers given to ministers over terrorism legislation, and courts’ reluctance to intervene in national security matters. 

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So by Saturday, it will likely become illegal across the UK to:

• Belong to or ‘invite support’ for Palestine Action
• Arrange or ‘assisting with the arrangement’ of a meeting that supports a proscribed organisation
• Address a meeting by or in support of Palestine Action
• ‘Wear clothing or display articles in public which arouse suspicion of membership or support of’ Palestine Action 

According to the House of Commons library, the maximum penalty for these offences (except wearing clothing or displaying images) is 10 years’ imprisonment and/or a fine.

So going to a meeting supporting Palestine Action, from Saturday, could land you a decade in jail. Writing an article backing the group could result in the same sanction. The same, of course, will apply to those backing neo-Nazi squads killing civilians in Ukraine.  

Human rights groups argue the groups are very different. Akiko Hart, director of human rights group Liberty, says: “If today’s draft order is voted through this week, it could put thousands of people who campaign for Palestine at risk of criminal sanctions, and would likely leave many too frightened to express themselves or exercise their right to protest at all.

“Palestine Action is the only direct action group to ever be targeted with proscription powers in a significant departure from Parliament’s intention when creating our counter-terror laws.

“We urge Parliamentarians to probe the necessity and proportionality of this measure, and consider the precedent this worrying expansion of counter-terrorism powers would set for our democracy.”

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Josiah Mortimer also writes the On the Ground column, exclusive to the print edition of Byline Times.

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