Parliamentary privilege allows pro-Palestine Action MPs to voice support
Parliamentary convention dictates that no MP can be prosecuted for anything they say in the Commons chamber, Westminster Hall or formal committee of the House even if they voice support for a proscribed organisation such as Palestine Action. It also protects MPs from being sued for defamation or libel.
It means any MP will be free to support or even encourage backing for Palestine Action, even though saying it outside the Commons would leave them liable for up to 14 years in prison.
Nine Labour MPs were among the 26 members who voted against the Government's move to ban Palestine Action as a terrorist organisation, putting it on a par with Hamas, al-Qaeda and Islamic State.
The group of Labour MPs included Diane Abbott, the veteran Left-winger, Clive Lewis and Richard Burgon, who served in Jeremy Corbyn's shadow cabinet.
Mr Corbyn, who sits as an independent, also voted against proscribing Palestine Action, along with fellow independent John McDonnell, his former shadow chancellor.
The Commons voted by 385 to 26 in favour of proscribing Palestine Action. On Thursday, the Lords backed it without a vote. A so-called regret motion proposed by a Green Party peer criticising the measure was rejected by 144 votes to 16.
It is unclear when the ban, which needs final sign-off by the Home Secretary, will come into force as the group is mounting a court challenge to temporarily block the move with a hearing scheduled on Friday, pending further proceedings.
Two planes were vandalised at RAF Brize Norton on June 20 causing £7 million worth of damage, in an action claimed by Palestine Action. Four people have been charged by counter-terrorism police over the incident and were remanded in custody following a court appearance.
Commons officials confirmed that any MP speaking in support of the group would be exempt from prosecution under parliamentary privilege.
Guidance for MPs states: 'This allows you to speak up on behalf of constituents, express an opinion, or condemn corruption, malpractice or even criminal activity without fear of legal action, as long as you do so in proceedings of the House.
'This protection extends to written proceedings: for example, written and oral questions, motions, early day motions, and amendments tabled to bills and motions.
'Anyone giving evidence to a committee of the House also has this protection, which is a safeguard for witnesses and also ensures that select committees are not obstructed in their inquiries by threats of legal action, or any other kind of threat against witnesses.'
Lord Hanson of Flint, the Home Office minister, said: 'I will always defend the right of British people to engage in legitimate and peaceful protest and to stand up for the causes in which they believe.
'But essential as these rights are, they do not provide a blank cheque for this particular group to seriously damage property or subject members of the public to fear and violence. We would not tolerate this activity from organisations if they were motivated by Islamist or extreme Right-wing ideology, and therefore I cannot tolerate it from Palestine Action.
'By implementing this measure, we will remove Palestine Action's veil of legitimacy, tackle its financial support, degrade its efforts to recruit and radicalise people into committing terrorist activity in its name.'
However, Mr Corbyn warned that the ban would have a 'chilling effect' on protests, adding: 'Surely we should be looking at the issue that Palestine Action are concerned about, and the supply of weapons from this country to Israel, which has made all this possible. If this order goes through it will have a chilling effect on protests.'
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