241. Under the Terrorism Act 2000, the Home Secretary may proscribe an organisation if it is believed to be concerned in terrorism[1] and it is proportionate to do so. For the purposes of the Act, this means that the organisation:
- commits or participates in acts of terrorism;
- prepares for terrorism;
- promotes or encourages terrorism (including the unlawful glorification of terrorism); or
- is otherwise concerned in terrorism.
If the statutory test is met, the Home Secretary will consider whether to exercise her discretion to proscribe the organisation. Other factors, such as the nature and scale of an organisation's activities, the specific threat that is posed to the UK, the specific threat that is posed to British nationals overseas, the extent of the organisation's presence in the UK, and the need to support other members of the international community in the global fight against terrorism, will be considered when the Home Secretary exercises this discretion.[2]
242. Proscription has been heralded as an effective tool available to CTP and MI5 to disrupt the terrorist threat posed by a physical, real-world (as opposed to online) group, such as National Action. The following ERWT groups have been proscribed since 2016:
- National Action was the first Extreme Right-Wing (XRW) group to be proscribed in December 2016. Since National Action's proscription, 27 individuals have been arrested on suspicion of being a member of the group, 15 of whom have been charged with terrorism offences.
- In September 2017, Scottish Dawn and NS131 identified as aliases of National Action.
- In February 2020, System Resistance Network (SRN) was identified as an alias of National Action. Sonnenkrieg Division was also proscribed in the same month.
- July 2020 saw the proscription of Feuerkrieg Division.
- In April 2021, Atomwaffen Division (and National Socialist Order as its alias) was also proscribed.
- In July 2021, The Base (a predominantly US-based 'White Supremacist' organisation) was proscribed.
243. The recommendation to proscribe an organisation is made by the cross-Government Proscription Review Group (PRG),[3] which monitors and reviews any groups that may potentially meet the threshold for proscription and provides advice to the Home Secretary on issues relating to the implementation of proscription.
- ↑ "Terrorism" as defined in the Act means use or threat of action which: involves serious violence against a person; involves serious damage to property; endangers a person's life (other than that of the person committing the act); creates a serious risk to the health or safety of the public or section of the public, or; is designed seriously to interfere with or seriously to disrupt an electronic system - www.gov.uk/government/publications/proscribed-terror-groups-or-organsiations--2
- ↑ Proscription decisions in relation to Northern Ireland are a matter for the Secretary of State for Northern Ireland.
- ↑ The Government Proscription Review Group is managed by Homeland Security Group with a number of partners. The group meets routinely twice a year, but will meet more frequently if required.
97
