The Minister for Security (Dan Jarvis)
The Government have today introduced the Terrorism (Protection of Premises) Bill to the House of Commons.
The Government would like to pay tribute to the 22 victims of the horrific Manchester Arena attack in 2017, and to Figen Murray, mother of one of the victims, Martyn Hett. Her campaigning has been crucial in driving this Bill forward.
Against the backdrop of an increasingly complex, evolving and enduring threat picture, the Terrorism (Protection of Premises) Bill will deliver on the Government’s manifesto commitment to “strengthen the security of public events and venues”.
The Bill seeks to improve protective security and organisational preparedness across the UK. It will require those responsible for certain premises and events to take steps to mitigate the impact of a terrorist attack and reduce harm in the event of a terrorist attack occurring. In addition to this, certain larger premises and events must also take additional steps to reduce the vulnerability of the premises to terrorist attacks.
Through the Bill, qualifying premises and events should be better prepared and ready to respond in the event of a terrorist attack.
Bill development
This Government have reflected on the scrutiny provided throughout the Bill’s development. As well as the extensive engagement that has taken place with security partners, business and victims’ groups including Figen Murray and the Martyn’s law campaign team, the Survivors Against Terror, as well as parliamentarians.
That is why important changes have been made to the Bill to ensure that we can both achieve public protection outcomes and ensure there are no undue burdens on businesses and other organisations:
We have raised the standard tier threshold from 100 to 200, to create a more appropriate scope of the duty;
The “reasonably practicable” standard of requirements, now applicable in both tiers, is designed to allow procedures and measures to be tailored to the specific circumstances of a premises or event. This will enable duty holders to take into consideration what is within their control and the resources they have available to them, as well as what is suitable and appropriate for their premises or event; and
We have removed the requirements for a specific, prescribed form of training and the completion of a mandatory standard terrorism evaluation form—in recognition that a one size fits all approach is not appropriate and could be onerous.
We are confident these changes ensure the Bill is more appropriate whilst still delivering on its core aim of enhancing public safety.
Bill proposals
Scope
A person will be subject to the main requirements of the Bill if they are responsible for a qualifying premises or events.
A person who has control of premises in connection with their relevant schedule 1 use is responsible for qualifying premises. For example, the operator of an arena or governing body of a school will be responsible for fulfilling the requirements of the Bill at their respective premises.
A person who will have control of the premises at which an event is to be held in connection with their use for the event will be responsible for a qualifying event.
Control over premises has been utilised in other regulatory regimes, such as fire safety.
Standard duty premises
The Bill establishes a tiered approach linked to the activity that takes place at premises or an event and the number of individuals it is reasonable to expect may be present on the premises at the same time.
Persons responsible for a standard duty premises, i.e. qualifying premises where it is reasonable to expect that between 200 and 799 individuals may be present at the same time, will be required to:
Notify the regulator of their premises; and
Put in place appropriate and reasonably practicable public protection procedures, as set out in clause 5 of the Bill.
These procedures are to be followed by people working at the premises if an act of terrorism was to occur at the premises or in the immediate vicinity, which may be expected to reduce the risk of physical harm being caused to individuals. This includes ensuring there are procedures in place to provide information to individuals on the premises and to evacuate, invacuate or lockdown the premises.
The requirements for standard duty premises are focused on simple, low-cost activities surrounding policies and procedures, which are to be followed by staff in the event of terrorist attack or suspected terrorist attack occurring. The aim of these requirements is to improve staff preparedness and responses. There is no requirement to put in place physical measures in this tier. Furthermore, the reasonably practicable element will enable standard duty premises to tailor their approach to the resources they have available.
Enhanced duty premises and qualifying events
“Enhanced duty premises” and “qualifying events” are premises or events where it is reasonable to expect that 800 or more individuals may be present on the premises or attend the event at the same time. In addition to the same procedures as standard duty premises, persons responsible for enhanced duty premises and qualifying events will be required to:
Notify the regulator of their premises/event;
Put in place appropriate and reasonably practicable public protection measures that could be expected to reduce both the vulnerability of the premises or event to an act of terrorism occurring at the location, and the risk of physical harm being caused to individuals if an attack was to occur there or nearby. For example, an enhanced duty premises will be required, insofar as reasonably practicable, to implement measures relating to the monitoring of the premises and their immediate vicinity;
Document the public protection procedures and measures in place, or proposed to put in place, and provide this document to the regulator. This document should include an assessment as to how those procedures and measures may be expected to reduce, so far as is reasonably practicable, vulnerability and risk of harm.
Where the responsible person for an enhanced duty premises or qualifying event is not an individual, they must appoint an individual as a designated senior individual with responsibility for ensuring that the relevant requirements are met.
Special categorisations and exemptions
There will be some limited exclusions and exemptions from the Bill’s requirements, in particular where premises are already subject to existing requirements to consider and mitigate threats that achieve comparable security outcomes.
All places of worship will be placed into the standard tier where there are 200 or more individuals present at the same time—even if that number is 800 or greater. The Government consider it is appropriate that such places of worship take forward the standard duty procedures. However, places of worship are different to other premises in scope, in being readily accessible and welcoming to all, without the same commercial drivers as other premises, usually having no restrictions on entry, or staff routinely present. The Government recognise this, and will continue its work with faith communities to respect the unique nature of places of worship and how they operate, whilst considering how we can support them to reduce their vulnerability to terrorism and hate crime. This includes developing measures to better mitigate threats through local police engagement and Government-funded work programmes.
Primary, secondary and further education establishments have been placed within the standard tier even if their capacity is greater than 800 individuals. Existing safety and safeguarding requirements at these establishments mean they have a range of appropriate security procedures and access controls measures in place.
However, premises belonging to higher education institutions (e.g. universities) could be in either tier, depending on the number of individuals that can reasonably be expected on the relevant premises. This is because they are, in the main, more freely accessible and so should be subject to the full requirements of the Bill.
The regulator
The Bill establishes a regulator to oversee and enforce compliance of the Bill’s requirements. This regulator will operate as a new function of the Security Industry Authority.
As an arm’s length body, the Security Industry Authority is operationally independent of the Home Office whilst being accountable to Home Office Ministers. Because the Security Industry Authority is an existing Home Office public safety regulator, we assess that this is the most appropriate way to deliver this critical function. Utilising an existing arm’s length body also follows the Cabinet Office guidance and precedent set across Government for establishing new regulators. With its years of experience in inspection and enforcement around public safety at venues, alongside the work it already does with our security partners to promote best practice around counter terrorism protective security.
Sanctions and enforcement
Compliance with the Bill’s requirements will be overseen by the Security Industry Authority. The core principle of the regulator’s activity will be to support, advise and guide those responsible for premises and events in meeting the requirements of this legislation. Due to the severity of the risk posed by terrorism, it is important that the Security Industry Authority has the necessary tools to investigate suspected non-compliance and, where it is found, remedy serious or persistent non-compliance.
To that end, the Security Industry Authority will have powers to issue a range of civil sanctions such as monetary penalties. Due to the seriousness of some actions and in line with other regimes, the Bill also includes a limited number of underpinning criminal offences—for example, it will be a criminal offence to impersonate an inspector.
The Security Industry Authority must set any penalty at an amount that is reasonable and proportionate and take into account a range of factors including—but not limited to—an organisation’s ability to pay.
The Bill also makes amendments to the Licensing Act 2003 and the Licensing (Scotland) Act 2005 to protect premises plans from being used for the purposes of terrorism.
Dedicated guidance and support will be provided for duty holders to ensure that those in scope have the required information on what to do and how best to do it.
Next steps
We believe it is now time that this cross-party commitment to improve the safety and security of venues in the wake of the Manchester Arena attack is delivered without further delay. The public rightly deserve to feel safe when visiting public premises and attending events and we see it as reasonable that, in many locations, they should take appropriate, reasonably practicable steps to protect staff and the public from the horrific impacts and effects of terrorism.
I look forward to engaging with Members in Parliament on this important piece of legislation. I will be holding a drop-in session in due course, should they wish to learn more about the Bill, and would be happy to answer any of their questions. Details will be provided shortly.
The Bill and accompanying documents will be available online here https://bills.parliament.uk/bills/3765 and further information, including factsheets on the key elements of the Bill, will be available on gov.uk here www.gov.uk/government/collections/terrorism-protection-of-premises-bill-2024.
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