Rebel groups ousted Bashar Assad’s regime in Syria on Sunday after 13 years of civil war.
The UK Government now faces having to decide whether to lift a ban it placed on Islamist group Hayat Tahrir al-Sham (HTS) after it swept to power if it needs to hold talks with the country’s new leaders.
– What is HTS and why is the group banned in the UK?
The Islamist militant group was set up under a different name, Jabhat al-Nusra, in 2011 as a direct affiliate of al Qaida, with so-called Islamic State (IS) leaders also reportedly involved in its formation.
The group has been regarded as one of the most effective and deadly of the groups ranged against President Assad.
HTS is banned in the UK because of its past association with al Qaida, the terrorist organisation once led by Osama bin Laden.
The group was added to the Home Office’s list of proscribed terrorist organisations in 2017, with the department saying HTS “should be treated as alternative names for the organisation which is already proscribed under the name al Qaida”.
But its leader Abu Mohammed al-Golani is said to have cut ties with al Qaida years ago and has sought to present his group as a more moderate and inclusive organisation. Although some still have doubts over whether HTS has completely renounced its links with al Qaida.
– What does it mean when a group is proscribed?
When the Government considers a group should be banned as a terrorist organisation, it puts an order before Parliament for a vote which would make joining or interacting with the group illegal under terror laws.
Under the Terrorism Act 2000, the Home Secretary may proscribe an organisation if they believe it is concerned in terrorism – which could mean it plans, encourages, participates or commits acts of terrorism – and the ban would be “proportionate”.
Around 80 groups are proscribed in the UK.
Home Office guidance issued earlier this year said proscription means “belonging to, inviting support for and displaying articles in a public place in a way that arouses suspicion of membership or support for the group” will be a criminal offence.
Under terror laws, it is an offence to “arrange or manage” a meeting “in the knowledge that it is to support a proscribed organisation, to further the activities of a proscribed organisation, or is to be addressed by a person who belongs or professes to belong to a proscribed organisation” – which could make it difficult for the Government to hold talks with the new leadership in Syria if the ban remains in place.
Criminals convicted of proscription offences could face up to 14 years behind bars or be fined, according to the department, while resources of a proscribed organisation are considered “terrorist property” and could be seized.
– Can proscription of a group be removed?
Yes, but Home Office guidance states the Home Secretary will consider what is known as deproscription on “application only”.
Under terror laws, the organisation or anyone affected by the proscription “can submit a signed, written application to the Home Secretary requesting that they consider whether a specified organisation should be removed from the list of proscribed organisations”.
The application must set out the grounds on which the claim is made, with the Home Secretary being required to make a decision within 90 days from the day after it is received.
Applicants can appeal against the decision if deproscription is rejected by going to the Proscribed Organisations Appeals Commission (POAC) and then take their case to the Court of Appeal if that request also fails.
The organisation will be removed from the list of proscribed groups if deproscription is successful but in some cases where this is as a result of an appeal it would need to be agreed by both the House of Commons and the House of Lords.
It is unclear whether the Home Secretary can also move to lift a ban without receiving an application.
– Will HTS be removed from the UK’s proscribed terror groups list now it has gained control in Syria?
At the moment we do not know.
Cabinet minister Pat McFadden suggested a decision on lifting the ban could be made quickly if there was a need to hold talks with HTS.
But so far the Home Office has not confirmed whether the matter is being reviewed and – if it is being reconsidered – when a decision on if ministers will announce they are removing the proscription rules will be made.
Former head of MI6 Sir John Sawers told Sky News’s Sunday Morning With Trevor Phillips it would be “rather ridiculous” if the UK was unable to engage with new leadership in Syria because of proscription of HTS dating back 12 years.
“I think the Home Secretary will be asking MI5 and the joint terrorism assessment centre for a review of the situation about Tahrir al-Sham and whether it should remain on the proscribed entity list,” he added.
Downing Street said on Monday that the Government keeps the list of proscribed organisations “under regular review”.
It is “long-standing policy that we do not engage with proscribed organisations” but it is an “evolving situation”, the Prime Minister’s official spokesman added.