PLANS to ban the glorification of terrorism by Number 10 would risk criminalising sports fans singing Flower of Scotland, a former independent reviewer of terror legislation has warned.
The UK Government is reportedly looking at tightening laws in the wake of Armistice Day protests, where far-right activists were violent towards police.
Law changes being examined in response to the scenes that unfolded could reportedly include tightening the law on glorifying terrorists.
After the murder of 52 people in London by suicide bombers in 2005 - known as the 7/7 attacks - a prohibition on glorifying terrorism was introduced but it was tightly defined as statements that were “indirectly encouraging the commission or preparation of acts of terrorism”.
David Anderson KC, who was the independent reviewer of terrorism legislation between 2011 and 2017, has warned broadening the scope of the law could be dangerous.
He said: “Some of the proposed changes will no doubt be controversial, particularly in the House of Lords – but the Commons is likely to have the final say.
“The prohibition on glorifying terrorism was introduced after the 7/7 attacks in London, but watered down during parliamentary debates so that it bites only if people could reasonably infer that there is an encouragement to emulate the conduct being glorified.
“Because terrorism is defined without geographical or historical limits, it was pointed out that a straightforward prohibition on glorification could have criminalised supporters of the suffragettes, Nelson Mandela, or even the crowd at Murrayfield belting out Flower of Scotland.
“While no one suggests that these people would actually be prosecuted, it is dangerous in principle to legislate for criminal offences that are far broader than the conduct to which they are actually directed."
Lord Carlile, who was the independent reviewer of terrorism legislation at the time the 2006 Terrorism Act was enacted, said current police powers relating to glorifying terrorism were sufficient.
He said: “I think that amending the law is what would occur on the ‘something has to be done’ principle, to try and meet a perceived need.”
It comes after it emerged an official UK Government review would argue for a change in the law so that police can ban pro-Palestinian marches.
The UK Government’s independent adviser on political violence and disruption, John Woodcock - known as Lord Walney - told The Telegraph that he was recommending the change because of the impact of recent marches on the Jewish community.
Woodcock, a former Labour MP, was nominated by Boris Johnson in 2021 to lead a review which he was about to submit, but amid weeks of pro-Palestinian marches calling for a ceasefire in Gaza, has delayed its publication.
The peer told The Telegraph there was an “explosion” in anti-Semitic incidents linked to the marches and that he would be “looking at the threshold for the police to ban [them]”.
