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Proscribed Terrorist Organisations By Joanna Dawson 26 August 2021 Proscribed Terrorist Organisations 1 Overview 2 Proscription prior to the Terrorism Act 2000 3 Proscription under the Terrorism Act 2000 4 Appeals against proscription 5 Analysis 6 Annex: proscribed organisations commonslibrary.parliament.uk Number 00815 Proscribed Terrorist Organisations Disclaimer The Commons Library does not intend the information in our research publications and briefings to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing ‘Legal help: where to go and how to pay’ for further information about sources of legal advice and help. 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If you have general questions about the work of the House of Commons email [email protected]. 2 Commons Library Research Briefing, 26 August 2021 Proscribed Terrorist Organisations Contents 1 Overview 6 2 Proscription prior to the Terrorism Act 2000 8 3 Proscription under the Terrorism Act 2000 10 3.1 The current list of proscribed organisations 13 4 Appeals against proscription 16 5 Analysis 18 5.1 What is the purpose of proscribing organisations? 18 5.2 Does proscription work? 18 5.3 Is proscription compatible with human rights and the rule of law? 19 6 Annex: proscribed organisations 23 3 Commons Library Research Briefing, 26 August 2021 Proscribed Terrorist Organisations Summary Proscription under the Terrorism Act 2000 This paper describes the recent history and present status of proscribed organisations under the Terrorism Act 2000 (the “2000 Act”). Prior to the 2000 Act, proscription was exclusively concerned with terrorism connected with the affairs of Northern Ireland. Under the 2000 Act, proscription was extended to include organisations concerned with both domestic and international terrorism. The Home Secretary may proscribe an organisation if they believe it is “concerned in terrorism”. If the Home Secretary believes that an organisation meets this statutory test, they must then decide whether to proscribe the organisation. In doing so, they must take into account various policy considerations. Consequences of proscription The 2000 Act sets out a number of proscription offences. These include belonging to or inviting support for a proscribed organisation; arranging or assisting with the arrangement of a meeting that supports a proscribed organisation; addressing such a meeting; or wearing clothing or displaying articles in public which arouse suspicion of membership or support of a proscribed organisation. It is also possible to impose financial sanctions on proscribed organisations. Current proscribed organisations As of August 2021 there are 77 international terrorist groups proscribed under the Terrorism Act 2000 and 14 organisations in Northern Ireland proscribed under previous legislation. Since the beginning of 2020, four organisations have been newly proscribed, all of which share an extreme right wing or white supremacist ideology. In January 2021, the House of Lords International Relations and Defence Committee recommended that the Government urgently review the status of an affiliate of Daesh/ ISIS operating in Afghanistan, the Islamic State Khorasan Province (ISKP). The Committee noted that the UK was the only member of the ‘Five Eyes’ group (an intelligence sharing network consisting of the UK, USA, Canada, Australia and New Zealand) not to have proscribed it. In response, the Government told the Committee that as an affiliate of Daesh/ ISIS, ISPK “is effectively regarded and treated as being proscribed”. The Annex to this paper includes a current list of proscribed organisations and a description of their activities. 4 Commons Library Research Briefing, 26 August 2021 Proscribed Terrorist Organisations Criticisms of the proscription regime Whilst proscription has been posited as a powerful deterrent, a way of tackling lower-level support for terrorism, and a signal of rejection by society, questions have been raised as to its utility in combating terrorism and its compatibility with the rule of law. The former Independent Reviewer of Terrorism Legislation (IRTL), Lord David Anderson QC, repeatedly recommended the introduction of time limits for proscription orders, as have his successors, Max Hill QC and the current IPTL, Jonathan Hall QC. However, the government has thus far declined to follow these recommendations and currently deproscription is done by way of application only. As a consequence, groups that no longer meet the statutory requirements for proscription continue to be proscribed, a situation described by Lord Anderson as “an affront to the rule of law”. Cover page image copyright The Home Office by Nathan Collins. Licensed under CC BY 2.0 / image cropped. 5 Commons Library Research Briefing, 26 August 2021 Proscribed Terrorist Organisations 1 Overview What is a proscribed organisation? Under the Terrorism Act 2000 (the “2000 Act”), the Home Secretary may proscribe an organisation if they believe it is “concerned in terrorism”. For the purposes of the Act, this means that the organisation: • commits or participates in acts of terrorism; • prepares for terrorism; • promotes or encourages terrorism (including the unlawful glorification of terrorism); or • is otherwise concerned in terrorism.1 How is terrorism defined? “Terrorism”, as defined in section 1 the 2000 Act, means the use or threat of action which: • involves serious violence against a person; • involves serious damage to property; • endangers a person’s life (other than that of the person committing the act); • creates a serious risk to the health or safety of the public or section of the public; • or is designed seriously to interfere with or seriously to disrupt an electronic system. The use or threat of such action must be designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public and be undertaken for the purpose of advancing a political, religious, racial or ideological cause.2 What is an organisation? Section 121 of the 2000 Act defines an “organisation” as any association or combination of persons.3 As noted by Professor Clive Walker, this definition is wide enough to encompass an affinity group, an “anarchistic 1 Section 3(4) and 3(5) Terrorism Act 2000 2 Section 1 Terrorism Act 2000 3 Section 121, Terrorism Act 2000 6 Commons Library Research Briefing, 26 August 2021 Proscribed Terrorist Organisations disorganisation”, diffuse networks such as Al-Qa’ida and self-generating combinations.4 What policy factors are considered? If the Secretary of State believes that an organisation is “concerned in terrorism”, they have a discretion to decide whether to proscribe the organisation. In doing so, they will take into account a number of factors, including: • the nature and scale of an organisation’s activities; • the specific threat that it poses to the UK; • the specific threat that it poses to British nationals overseas; • the extent of the organisation’s presence in the UK; and • the need to support other members of the international community in the global fight against terrorism.5 4 C. Walker, Blackstone’s Guide to the Anti-Terrorism Legislation, 3rd ed., OUP 2014, p40 5 As announced by the Secretary of State in 2001, see Explanatory Memorandum to the Terrorism Act 2000 (Proscribed Organisations) (Amendment Order) 2011, para 7.2. 7 Commons Library Research Briefing, 26 August 2021 Proscribed Terrorist Organisations 2 Proscription prior to the Terrorism Act 2000 Proscription has existed in UK law in one form or another since 1887. Since the Birmingham bombings by the IRA in 1974 it has been a permanent feature of the Government’s approach to countering terrorism.6 Participation in organisations concerned in Irish terrorism was proscribed long before the 2000 Act.7 Immediately before it came into force, the Prevention of Terrorism (Temporary Provisions) Act 1989 (PTA) and the Northern Ireland (Emergency Provisions) Act 1996 (EPA) contained a number of criminal offences relating to membership of, or support for, proscribed organisations. Proscribed organisations in the UK and Northern Ireland under the PTA Organisations could be proscribed in the UK as a whole under the PTA if they were concerned in, or promoting or encouraging, terrorism connected with the affairs of Northern Ireland. The following organisations were proscribed in the UK as a whole under Schedule 1 of the PTA: • Irish Republican Army; and • Irish National Liberation Army. Organisations could be
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