‘Glaring Gaps’ in Legislation Allowing Hamas Supporters to Glory in Terrorism, Expert Claims

People take part in a demonstration in support of Palestine at Piccadilly Circus in London on Oct. 9, 2023. Carl Court/Getty Images

A former Home Office commissioner on countering extremism has claimed there are “glaring gaps” in the counter-terrorism legislation which have created a “permissive environment” for anti-Semitic hateful extremists to operate.

Dame Sara Khan, who was a counter-extremism commissioner between 2018 and 2021, told The Telegraph there had been a “proliferation” of grisly footage from the weekend’s attacks online and she said several pro-Palestinian rallies were “celebratory” and “highly insensitive.”

Her comments come after the Home Secretary Suella Braverman said waving a Palestinian flag on British streets “may not be legitimate” if it is deemed to be a show of support for acts of terrorism.

Ms. Braverman has urged senior police officers to use the “full force of the law” against shows of support for Hamas—including chants—as bids to intimidate the UK’s Jewish community in the wake of the attack on Israel.

More than 1,200 people were killed when Hamas terrorists entered southern Israel and attacked kibbutzes, homes, and a music festival.

In a letter sent to the heads of police forces in England and Wales, Ms. Braverman said “Islamists and other racists” would seek to stir up hatred against British Jews, and said police action must be taken.

But it remains unclear whether she believed the flying of an Israeli flag in a heavily Arab or Muslim neighbourhood should also trigger an arrest or prosecution.

‘Glorified and Endorsed Terrorism’

Dame Sara said some supporters of the Palestinian cause in Britain had “glorified and endorsed terrorism” and could not be prosecuted under the current law.

She claimed “hateful extremism” was permitted under the current legislation, which only allows for people to be prosecuted if they “encourage a terrorist act” or directly support a proscribed organisation such as Hamas.

Dame Sara, who is now an independent adviser on social cohesion to Levelling Up Secretary Michael Gove, published a report with Sir Mark Rowley in 2021 which called for new laws to tackle “hateful extremism.”

In his foreword to the report, Sir Mark—who later became commissioner of the Metropolitan Police—wrote, “Whilst we have a well-established counter terrorism machinery across police, intelligence agencies, government and others, we have nothing of real weight to counter extremism.”

A man runs on a road as fire burns after rockets were launched from the Gaza Strip, in Ashkelon, Israel, on Oct. 7, 2023. Amir Cohen/Reuters

Sir Mark added, “A more focused lens perhaps means we can finally bring the law to bear on this problem and steer well clear of treading on fundamental principles of freedom of speech.”

That report was backed by former Prime Ministers David Cameron and Tony Blair, and Neil Basu, the Met’s current head of counter-terrorism policing.

But the government has yet to introduce any legislation on “hateful extremism,” amid concerns about the impact on freedom of speech.

In the wake of Ms. Braverman’s intervention this week, freedom of expression groups described it as “political interference in policing.”

The Open Rights Group (ORG) also raised concerns about the impact Ms. Braverman’s letter could have on the Online Safety Bill when it is fully implemented.

In a statement to The Epoch Times condemning the harassment of Jewish people, ORG’s Executive Director Jim Killock said the home secretary’s remarks could have consequences for people’s freedom of expression in the UK.

“We are particularly concerned about the consequences of such a letter when the Online Safety Bill is implemented,” Mr. Killock said.

He added: “The bill compels tech companies to prevent users from encountering illegal content, meaning they must use algorithms to scan posts before they are uploaded. A broad directive such as this could lead tech companies to remove any posts featuring a Palestinian flag, which could have a chilling effect on freedom of expression.”

Anti-Semitic Incidents Have Trebled

The Community Safety Trust—which advises Britain’s 280,000 Jews on security—said anti-Semitic incidents in Britain since the weekend had trebled since the same period last year.

There have only been three arrests for public order offences following a series of pro-Palestinian protests across the country.

In one incident a man clambered onto the roof of Sheffield town hall and tore down an Israeli flag and replaced it with a Palestinian flag.

South Yorkshire Police have described it as a racially aggravated incident.

A South Yorkshire Police spokeswoman said, “It is believed that two men climbed onto the roof of the building and removed the flag that was being flown.”

“During officers’ attendance and their attempts to disperse the crowds, minor disorder led to the two suspects fleeing the scene,” she added.

PA Media contributed to this report.