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SNP must provide clarity on Palestine Action proscription

Protest is not a crime.

The Scottish Government has been urged to provide an urgent update on how it is interpreting the ban on Palestine Action and the punishments which peaceful protesters will face.

This follows the arrest of Scottish screenwriter Paul Laverty who was wearing a t-shirt that read "Genocide in Palestine, time to take action”.

The Scottish Greens have written to the Cabinet Secretary for Justice, Angela Constance, urging her to publish guidance and provide a statement on how they are implementing the law and why.

The party’s justice spokesperson, Maggie Chapman MSP, said:

“The decision to proscribe Palestine Action was an unprecedented and undemocratic outrage.

“It has been implemented in a harsh and authoritarian manner that has seen peaceful protesters arrested for carrying banners and wearing t-shirts while the UK government has continued to arm and support Israel’s genocide against Palestinians in Gaza.

“There is no justification for detaining people standing peacefully with Gaza. It is an attack on basic free speech and a total waste of police time and resources.

“The right to protest is a cornerstone of our democracy. Peaceful protest should never be a crime and nor should defending that right.

“I urge the Scottish Government to provide clarity on how they are interpreting the law and if arresting a peaceful protester for wearing a t-shirt that didn’t even mention Palestine Action is consistent with its understanding of it.”

TEXT OF LETTER FROM MAGGIE CHAPMAN TO CABINET SECRETARY FOR JUSTICE

Dear Angela, 

Re: Recent actions of Police Scotland  

I write to you following recent events that have seen several peaceful protesters arrested by Police Scotland. I am deeply concerned about the harsh and authoritarian way peaceful protesters have been treated by Police Scotland following the proscription of Palestine Action.  

Most recently, footage shows Police Scotland officers arresting Scottish screenwriter Paul Laverty under terrorism laws, for wearing a t-shirt that read "Genocide in Palestine, time to take action.” 

These protesters have not harmed anyone: they are exerting their right to freedom of expression, showing solidarity with the people of Palestine, and expressing their outrage at the genocide and famine we are witnessing in Gaza at the hands of the Israeli state. 

There is simply no justification for detaining people standing peacefully with Gaza. It is an attack on basic free speech, and a total waste of time and resources. And of course, this clamp down on peaceful protesters for Palestine for simply carrying banners and wearing t-shirts comes as the UK Government continues to arm and support Israel’s genocide against Palestinians in Gaza. 

The right to protest is a cornerstone of our democracy. Peaceful protest should never be a crime and nor should defending that right. The decision to proscribe Palestine Action was an unprecedented and undemocratic outrage, with far reaching consequences for our communities and our democracy.  

I urge the Scottish Government to urgently provide clarity on the following:   

  • What conversations you have had with Police Scotland about the Scottish Government’s and Police Scotland’s interpretation of the proscription of Palestine Action and the consequences of this interpretation; 
  • Whether any guidance has been issued by Police Scotland following the proscription of Palestine Action, including any guidance on the interpretation of peaceful protest;  
  • Whether the Scottish Government has had any discussions with the Lord Advocate about her views of what is in the public interest as far as these issues are concerned; 
  • Whether the Scottish Government will provide a statement on how Police Scotland are implementing the law and why. 

This clarity will be helpful for communities, protesters, parliamentarians and others to understand how our moral and legal rights and obligations, including those contained in the Geneva Convention, can be protected and supported. 

I will always be loud and clear in my calls for justice for the Palestinian people. As a Parliament, we cannot, and should not, stay silent whilst the Israeli state inflicts genocide and famine on Gaza. Inaction in the face of these grave injustices is not an option: it is complicity. 

I look forward to receiving your response. 

Your sincerely