Scottish Liberal Democrat leader Alex Cole-Hamilton has today written to the Chief Constable Jo Farrell, Chief Constable of Police Scotland, to ask what approach the service will take to policing protests over the events in Gaza, noting that it will be challenging for the Force to navigate the tension that exists here between free speech, policing by consent and proscription of Palestine Action under the Terrorism Act.
At last week’s protests in Parliament Square in London 522 were arrested on suspicion of breaking terrorism laws – more than double the total such arrests in 2024.
According to the police, their average age was 54. Some 112 of them were over 70 years old.
Mr Cole-Hamilton said: “Proscription must be applied carefully and proportionately, or we risk undermining public trust and civil liberties.
“The right to peaceful protest is a cornerstone of a liberal democracy. It has clearly been incredibly uncomfortable for police officers to be asked to arrest peaceful demonstrators. This sets a dangerous precedent and risks a chilling impact on free speech and legitimate protest.
“It cannot be right that elderly members of groups like Palestine Action are placed in the same legal category as ISIS.
“Serious criminal offences such as vandalism of military equipment and RAF aircraft deserve accountability under the law, but these powers should be reserved for tackling those who endanger the UK’s defence and security, rather than for heavy handedly removing protesting pensioners from public spaces.
“If these protests spread to Scotland, this has the potential to be a massive waste of time when officers and court officials would be better off tackling violent and antisocial offenders.
“The UK Government must urgently review the terrorism legislation to ensure it is proportionate and nuanced.”
Scottish LibDem leader Alex Cole-Hamilton and Chief Constable Jo Farrell.
Mr Cole-Hamilton’s letter is as follows:
Dear Chief Constable
In London this weekend, over 500 activists were placed under arrest under the terms of Section 13 of the Terrorism Act 2000 for demonstrating support for ‘Palestine Action’, a group recently proscribed as a terrorist organisation under the same legislation. In the wake of these events, I wanted to write to you to ascertain the approach that Police Scotland would be minded to take should similar protests occur here in Scotland.
I understand that the Terrorism Act makes any kind of support for proscribed groups illegal and that in policing the legislation, officers in London felt compelled to apprehend those acting illegally under the terms of that legislation. Obviously, I would not expect you to involve yourself in the debate around proscription per se but I hope you might agree with me that it does raise legitimate questions of balance around policing protests involving those who have taken a different view from the one reached by the Home Secretary.
Anti-terror legislation should be directed towards those who are known or believed to be terrorists. It can only hinder the fight against terror if the 2000 Act is seen to be aimed at people whose intention is to exercise their constitutional rights to protest. In my view these powers should be reserved for tackling those who endanger the UK’s defence and security, rather than for heavy handedly removing protesting pensioners from public spaces.
Obviously while this remains theoretical rather than a live policing issue there is an opportunity to learn from the experience of your colleagues in the Metropolitan Police. I’m keen to understand how Police Scotland intends to navigate the tension that exists here between free speech, policing by consent and the demands of this legislation.
Kind regards, Alex Cole-Hamilton MSP, Scottish Liberal Democrat leader