The public sector equality duty (PSED) at section 149 Equality Act 2010 has nothing to do with overseas terror groups.
Aside from the lack of extraterritorial scope, none of the protected characteristics at 149(7) or clauses in the rest of that legislation relate to acts including:
- launching indiscriminate rocket, mortar and incendiary attacks against civilians
- hostage-taking of civilians (including children)
- brutal murders of civilians (including children)
- training people (including children) to carry out the above acts
- or encouraging the murders of all Jews all around the world.
Under Part II Terrorism Act 2000, the Home Secretary may proscribe an organisation if they believe the organisation is concerned in terrorism, and it is proportionate to do. 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)
- is otherwise concerned in terrorism
To say the least, Hamas seems to match the description.
The Secretary of State has regard to several factors in deciding, as a matter of
discretion, whether or not to proscribe an organisation. These are:
- the nature and scale of the organisation's activities;
- the specific threat that it poses to the UK;
- the specific threat that it poses to British nationals overseas;
- the extent of the organisation's presence in the UK; and
- the need to support international partners in the fight against terrorism
The reasons for proscription of Hamas at the time are in the Explanatory Notes for The Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 3) Order 2021. The examples in the Explanatory Notes pale in comparison to the massacres on 7 October 2023.
The UK, USA, Canada, European Union, Australia are among a number of countries that have designated Hamas a terrorist organisation. The UK was somewhat late to designate the whole group as a terrorist organisation. Before 2021 we distinguished between its political wing and military wing.
Hamas formally established Hamas IDQ in 1992. Hamas IDQ
was proscribed by the UK in March 2001. At the time it was Her Majesty's
Government's assessment that there was a sufficient distinction between the so called
political and military wings of Hamas, such that they should be treated as different
organisations, and that only the military wing was concerned in terrorism. The Government now assess that the approach of distinguishing between the various parts
of Hamas is artificial. Hamas is a complex but single terrorist organisation.