An expert on terror legislation has warned that plans by the UK government to pass new laws banning the glorifying of terrorism could see Scotland fans criminalised for singing 'Flower of Scotland'.
David Anderson KC, who was the independent reviewer of terrorism legislation between 2011 and 2017, has raised fears about proposed new legislation which would tighten laws around glorifying terrorists.
The proposals come as a small number of people marching in support of a ceasefire in Palestine were pictured with hang-glider insignia in reference to the Hamas attack on Israel on October 7 which left 1,200 dead and saw 200 taken hostage.
There is no historical or geographical bound to the definition of terrorism on the statute books, so Robert the Bruce's rebellion against the English crown or Nelson Mandela and the ANC's campaign in South Africa could fall under the definition.
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Mr Anderson told The Guardian: “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. We will have to see whether the government can find the solution that eluded Tony Blair.”
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