Question
Enforcement of the Terrorism Act 2000 in NI:
1. To outline the difference in application of the Terrorism Act 2000 in NI compared to GB in relation to proscribed groups i.e. paramilitary organisations?
2. What limitations are preventing the police from enforcing the Terrorism Act 2000 on proscribed groups in NI compared to in GB?
3. Why is the Terrorism Act 2000 not as effective in NI compared to GB e.g.enforced on Palestine Action peacefully protesting in GB but not against the erection of paramilitary flags or murals in NI?
Answer
- To outline the difference in application of the Terrorism Act 2000 in NI compared to GB in relation to proscribed groups i.e. paramilitary organisations?
Whilst the Terrorism Act 2000 extends across the United Kingdom, the PSNI retains operational independence in its use and delivery. Policing in Northern Ireland deals with both Northern Ireland Related Terrorism and wider threats under the same overarching legislation.
The Police Service of Northern Ireland has significant experience in carefully balancing the rights of individuals and groups and the discharge of our statutory functions in a manner that recognises the potential impacts on communities. Our approach has always been informed by the principles of necessity and proportionality, and our decisions are taken with sensitivity and in the particular context of Northern Ireland.
The PSNI has a proven track record of appropriately using Terrorism legislation and work with the Public Prosecution Service when making charging decisions.
- What limitations are preventing the police from enforcing the Terrorism Act 2000 on proscribed groups in NI compared to in GB?
The PSNI focus is on public safety, necessity, proportionality and facilitating lawful protest. The PSNI recognises the right to freedom of assembly and right to lawful and legitimate protest, however where offences from the Terrorism Act 2000 are identified, evidence will be gathered and a file submitted to the PPS. Each case is assessed on its own merits in consultation with the public prosecution service. The deterrent effect of these offences will rest on the speed at which future cases make their way through the courts and the sentences provided by the judiciary. The perception of lesser sentencing in Northern Ireland could contribute to reoffending.
- Why is the Terrorism Act 2000 not as effective in NI compared to GB e.g. enforced on Palestine Action peacefully protesting in GB but not against the erection of paramilitary flags or murals in NI?
This question asks specifically about Palestine Action. The question uses the subjective phrase “effective”. In policing terms “the test of police efficiency is the absence of crime and disorder, and not the visible evidence of police action in dealing with them” [1]. It is true that large number of arrests have been made in Great Britain in relation to Supporting Palestine action (1636 as of 23rd September 25). The majority have been in London and made by the Metropolitan Police Service (MPS). The MPS has not suffered the underfunding of PSNI in recent years but even the MPS resources have been stretched, noting successive mutual aid resourcing assistance It should be noted that Palestine Action wish to:
1.Overwhelm local policing resources with large scale protest breaching proscription legislation.
2. Overwhelm the Crown Prosecution Service, with a significant number of referrals for charging decisions relating to the proscription of Palestine Action.
3. Overwhelm the court systems with elected jury trials.
To do this, Palestine Action present in person with the intention of being detained. Recent requirements to avail of mutual aid for public order policing in NI have highlighted the risk of Palestine Action achieving these aims in Northern Ireland without careful consideration by police and the wider criminal justice agencies. Other regions of the UK facing the same resourcing issues have adopted a similar posture to the PSNI which focuses on public safety, necessity, proportionality and permitting lawful protest. Where offences have been committed evidence will be gathered and files submitted to the PPS.
A number of section 13 TACT offences have been prosecuted recently in Northern Ireland. Palestine Action specific investigations. 1 arrest subsequently reported. 14 ongoing likely to lead to around 20 report files.
It is important to recognise that each incident in respect of the display of any material must be approached and assessed on a case-by-case basis. In the policing context of Northern Ireland, all reports of displays of paramilitary flags or murals are investigated and considered under Section 13 of the Terrorism Act 2000, as well as other legislation. These investigations can be complex given that in the majority of instances, any suspected offender is unlikely to be on scene. This results in an evidence gathering approach to the investigation which is then passed to the PPS to decide whether there is enough evidence to reach the threshold to prosecute. It should also be noted that the primary responsibility for removing material will always reside with the material’s owner, or the owner of the street furniture or property upon which it is displayed.
Peter McReynolds MLA - Alliance