Terrorism (Protection of Premises) Bill (First sitting)
Tuesday 29th October 2024
(3 weeks, 2 days ago)
Public Bill CommitteesTerrorism (Protection of Premises) Bill 2024-26 View all Terrorism (Protection of Premises) Bill 2024-26 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 29 October 2024 - (29 Oct 2024)
The Chair
We are now sitting in public and the proceedings are being broadcast. Before we begin, I have some rules to announce. Hansard colleagues will be grateful if Members could email speaking notes to hansardnotes@parliament.uk. Please switch electronic devices to silent. Tea and coffee are not allowed during sittings.
The Minister for Security (Dan Jarvis)
I beg to move, Date Time Witness Tuesday 29 October Until no later than 10.00 am Figen Murray; Brendan Cox Until no later than 10.20 am Andy Burnham Until no later than 10.50 am National Association of Local Councils; Society of Local Council Clerks Until no later than 11.25 am Ambassador Theatre Group; The Royal Ballet and Opera Until no later than 2.20 pm Metropolitan Police Service Until no later than 2.50 pm Federation of Small Businesses; The Counter Terrorism Business Information Exchange (CTBIE) Until no later than 3.10 pm Sport and Recreation Alliance Until no later than 3.40 pm UKHospitality; The Night Time Industries Association Until no later than 4.10 pm The Concert Promoters Association; LIVE (Live Industry Venues & Entertainment Ltd) Until no later than 4.30 pm The Association of University Chief Security Officers Until no later than 4.50 pm Action with Communities in Rural England (ACRE) Until no later than 5.10 pm Home Office
That—
1. the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 29 October) meet—
(a) at 2.00 pm on Tuesday 29 October;
(b) at 11.30 am and 2.00 pm on Thursday 31 October;
(c) at 9.25 am and 2.00 pm on Tuesday 5 November;
(d) at 9.25 am and 2.00 pm on Tuesday 12 November;
(e) at 11.30 am and 2.00 pm on Thursday 14 November;
(f) at 9.25 am and 2.00 pm on Tuesday 19 November;
2. the Committee shall hear oral evidence in accordance with the following Table:
3. proceedings on consideration of the Bill in Committee shall be taken in the following order: Clauses 1 and 2; Schedules 1 and 2; Clauses 3 to 12; Schedule 3; Clauses 13 to 34; Schedule 4; Clauses 35 to 38; new Clauses; new Schedules; remaining proceedings on the Bill;
4. the proceedings shall (so far as not previously concluded) be brought to a conclusion at 5.00 pm on Thursday 19 November.
I am delighted to serve under your chairship, Dame Siobhain. I look forward to detailed discussion of the provisions in the Bill with my hon. Friends on the Labour Benches and with the right hon. and hon. Members of the Opposition. On Second Reading, there was extensive agreement across the House about the merits of the Bill, not least among hon. Members who are now serving in Committee. I welcome that and trust that we will continue in that constructive spirit. I believe that the resolution before us will provide the Committee with enough time to scrutinise this important Bill and I invite the Committee to agree it.
Question put and agreed to.
Resolved,
That, subject to the discretion of the Chair, any written evidence received by the Committee shall be reported to the House for publication.—(Dan Jarvis.)
The Chair
Copies of written evidence that the Committee receives will be made available in the Committee Room.
Resolved,
That, at this and any subsequent meeting at which oral evidence is to be heard, the Committee shall sit in private until the witnesses are admitted.—(Dan Jarvis.)
The Committee deliberated in private.
The Chair
We are now sitting in public again and the proceedings are being broadcast. Before we start hearing from the witnesses, do any Members wish to make declarations of interest in connection with the Bill? None do, so we will begin to hear oral evidence.
Examination of Witnesses
Figen Murray OBE and Brendan Cox gave evidence.
The Chair
I welcome our first witnesses this morning. The Committee and I are delighted that you are our first witnesses and I congratulate you on all your efforts in relation to the Bill. I will be grateful if you could introduce yourselves.
Figen Murray: My name is Figen Murray. I am the mother of Martyn Hett.
Brendan Cox: My name is Brendan Cox. I am one of the co-founders of Survivors Against Terror and have worked with Figen on Martyn’s law.
The Chair
Before calling the first Member to ask a question, I remind all Members that questions should be limited to matters within the scope of the Bill. We must stick to the timings in the programme motion that the Committee has agreed. This panel will have until 10 am, and I call the Minister to ask the first questions.
Dan Jarvis
Q
Figen Murray: I have taken the liberty of writing something down that I would like to read out, please, if that is okay. I hope that will address some of that.
I begin by thanking absolutely every person who has had any involvement in bringing Martyn’s law to this point. It has been a long five and a half years since the campaign started, and the kindness and support people have extended to us have been quite incredible.
As I sat in Parliament on 14 October for Second Reading, I realised that the relatively long journey that still lies ahead—given all the different steps the legislation must still undergo—will not be an easy one. On Second Reading, my name was mentioned many times and many lovely words were said, but I need people to understand that I would not have progressed much without my co-campaigners, the campaign team, and the incredible support of my husband and my remaining children.
Seven and a half years ago, our life as a family was destroyed forever. I want you to note the word “forever”, as there is no coming back from this. As a family, we are damaged goods. The day Martyn died, something died inside all of us. Do not get me wrong: as a family, we are very close. Individually, however, we all carry our separate emotional scars that are now an integral part of each of us. That will be the case for every family anywhere in the world who has been hit hard by terrorism. Our numbers are growing, sadly. Outwardly, I function at a high level day in, day out, but make no mistake that my heart is in shreds—yet it is my broken heart that drives me to try to stop others from ever having to feel this way.
Coming back to Second Reading, I was buoyed that every party said that they supported the Bill. If security cannot unite us, what can? I welcome the all-party support. On Second Reading, I also heard some concerns about getting the balance right and keeping the Bill proportionate. I agree with that. Right from the start, we said that one size does not fit all, and that the Bill needs to be proportionate. It has never been intended to be burdensome.
My worry is that the increase in the capacity threshold from 100 in the draft Bill to 200 now risks getting the balance wrong. It excludes too many venues. The cost to businesses for Martyn’s law is a drop in the ocean compared with the €43 billion that the Rand Corporation estimated that terrorism cost the UK between 2004 and 2016, or even the £100,000 lost by Mr Fred Foster, a market trader at Borough market, during the attack in 2017.
However, we need to be clear that the risk from terrorism is real. Our terrorism threat level stands at “substantial”, meaning that an attack is likely. Although there have not been any successful terror attacks, it is easy to let complacency creep in. We must not forget that attack methodologies have now changed. People get radicalised and go out an use vehicles, knives, and home-made IEDs—improvised explosive devices—to kill others.
There are currently about 800 active investigations and about 2,500 subjects of interest who are being watched by the authorities as they are linked to terrorism investigations—the aforementioned 800—but there are a further 30,000 individuals who have expressed extreme views that could lead to them committing acts of terrorism. Those figures have not changed over recent years. The geopolitical situation, sadly, also means that extremists exploit the conflicts in Ukraine and Gaza to recruit more people to follow their ideology. There is no sign of those figures reducing in the near future.
The director general of MI5, Ken McCallum, has also recently spoken about 43 near misses since 2017. Those are 43 planned attacks that were stopped just in time. Everyone in this room surely must appreciate that sooner or later an attack will not be stopped in time and people will yet again die or be injured or traumatised. There is no room for complacency. The threat is out there and it is real. Terrorists do not care who they kill. They aim to kill, shock and gain notoriety.
We have had attacks such as a planned knife attack on an LGBT community in Cumbria, a knife attack against an MP inside a church hall in Essex, a bomb outside Liverpool women’s hospital, another bomb at a hospital in Leeds, a knife attack in a park in Reading, a knife attack at a conference in London, a knife attack at a high street in London, a firebomb attack at an immigration centre in Dover, a letter bomb delivered to a Scottish university, a knife attack at a railway station in Manchester, and a vehicle attack at a mosque in London. If anyone thinks that where they live is too small or too rural to be targeted, they are wrong. Our experience in this country and around the world shows us that terrorists can strike anywhere.
A lot of venues are already busy preparing and implementing as much as they can. Manchester has trained over 2,500 people in free-of-charge face-to-face ACT training, and businesses and venues across Manchester are implementing the legislation as best as they can. Venues in Manchester are doing that voluntarily because the city was badly hit. People in Manchester understand the risk as they were directly affected, but we need this legislation on the statute books; without it, people will simply not take security seriously.
Security is often seen as low priority as people do not believe their venue is at risk from terrorism. A recent tabletop exercise in Manchester for the standard-tier venues resulted in most venues saying that the cost of implementing measures is either negligible or very low cost or effort, and that it enhanced customer experience as people felt safer.
At Second Reading, a few people worried about liability and the responsibility given to volunteers. Anybody who already has any responsibility for organising or managing community spaces and events already has liabilities under civil law. Martyn’s law will not create additional liabilities—they exist already. What Martyn’s law is more likely to do is to help communities know that they are discharging those responsibilities properly. Volunteers in various venues across the country already voluntarily take on responsibility for fire safety or health and safety, and this would be simply a small add-on. Martyn’s law is asking people at the standard tier to understand how to lock down, how to evacuate, how to invacuate or how to communicate with others. It is as simple as that on the standard tier.
Another concern was around churches and schools. Our children have the right to be protected from harm. Most schools already had lockdown procedures in place, anyway, long before Martyn’s law became a topic. Places of worship are places where people of all faiths should be able to worship freely and without fear. They need to be protected. We have seen attacks on places of worship in countries such as Sri Lanka, New Zealand—in Christchurch—and France. Since the Gaza conflict a lot of synagogues are currently on high alert as the threat is understood.
To sum up, Martyn’s law will save lives. Terrorism is here to stay. The public have a right to be kept as safe as possible when they are out and about enjoying the freedom our country offers. Martyn, Saffie, Nell, Sorrell, Eilidh, Megan, Olivia, Georgina, Courtney, Philip, Kelly, Elaine, Alison, Lisa, Michelle, Wendy, Jane, John, Angelika and Marcin, Chloe and Liam were all out enjoying a great evening that night and had every right to make it safely back home. I absolutely believe that had Martyn’s law been firmly established, they would still be alive now. Please consider what is the right thing to do. I will finish by saying once again that it is time to get this done. Thank you for listening.
Brendan Cox: I would add a couple of things to that; Figen has set it out incredibly powerfully.
As I mentioned in my introduction, I am part of something called Survivors Against Terror, which is a network of about 300 survivors of terror attacks: people that have been bereaved like myself and Figen and people who have themselves been injured in attacks. What draws that network together is a desire to reduce the likelihood of future terror attacks and to reduce the harm that they do. We do that by campaigning for the rights of families to things such as mental health support and compensation, by educating the public on the role they can play in the fight against terrorism, and by campaigning for effective laws that make terror attacks less likely in the future. That is how Figen and I first started working together, right at the start of this campaign.
I got involved for two reasons. First, frankly, I was inspired by Figen and her determination to make something good come out of something that was absolutely horrific, and to make sure that no other family unnecessarily goes through what her and her family have, but also, fundamentally, because the methodology of terrorism has changed, as Figen mentioned. The age of very complex attacks, often directed by people from outside the country and involving the need to assemble a device or to work out how detonators work, gave our security services lots of opportunities to intervene and disrupt terrorism plots. We are now in an age in which people are just using knives or cars, and the way in which we respond to that terror threat has not caught up.
It is impossible for our security services to keep our country safe with this new distributed methodology. We therefore have to have much more of a partnership approach: how can we all play a little role in making each other safer? I think this comes from our experience, but as the network of survivors supporting Figen and her campaign we do not want anybody’s sympathy, we want to make people safer so that these things and the impact they have had on our lives do not happen to anyone else. There is nobody more driven in wanting to defeat terrorism than those who have been directly affected by it.
There are two ways in which terrorists can win. One is by killing and maiming people. The other is by disrupting our way of life—making us live in fear and changing our way of engaging with each other. That is why, right from the start, proportionality has been central to our thinking. We do not want this to change our way of life. We do not want terrorists to win, either by injuring people or by changing our way of life, and that is why right at the heart of this proposal, from the beginning, has been proportionality. We want everybody to be empowered to play a small role in making us all safer. We do not want airport-style security outside village halls, as some of the papers might suggest we want.
The final thing I would say is that nobody wants to have a law named after their child. What we do want to do is to make sure no-one unnecessarily goes through what Figen and her family has. We want to make sure that there is a legislative response to the clamour of action that you have had in every inquiry post-2017, whether into the Manchester attacks or into the London attacks, to say that this is a loophole that has to be closed and now is the moment to close it.
Tom Tugendhat (Tonbridge) (Con)
I have had the great privilege of meeting Figen and Brendan over many months on this, so I have no questions.
Tim Roca (Macclesfield) (Lab)
Q
Figen Murray: I think it is that as many places as possible are covered. We as a campaign team are concerned about the threshold, if I am honest. I live in a small town —more like a village—and with the original 100 threshold, quite a few of the restaurants as well as the little theatre we have and the pubs would have been covered under the law. With the change in the threshold, my little town is now not coming into scope at all and is completely not secure under Martyn’s law. It concerns me. The change from the 100 threshold to 200 will exclude about 100,000 premises. It feels like quite a lot now no longer need to be within that scope. It worries me.
Matt Bishop (Forest of Dean) (Lab)
Q
Figen Murray: The Manchester Arena inquiry obviously had Martyn’s law as one of its recommendations. If I remember rightly, Sir John’s words were that it is needed as a matter of urgency. I think he referred to training, and he also recommended—which is certainly not covered in Martyn’s law under the standard tier—that people have lifesaving training. That is not for debate in Martyn’s law at the moment. But certainly the ACT training was part of the recommendation.
Brendan Cox: To add to that, the other thing that has been amazing—I think you are hearing from Mayor Andy Burnham later—has been the extent to which Manchester has already started to operationalise some of this, so when we are having the debates about proportionality, we can consider some of the real experiences of businesses that are already implementing this. It is worth really digging into that conversation, because what it shows is that lots of businesses that fall below the threshold are voluntarily taking part in the training and starting to implement Martyn’s law, because they know what it gives them. Who does not want their venue to be safer from terror attacks? It is something that organisations in general want to do, and that is why we have been seeing the adoption of this ahead of the legislation being published, even by venues that will not be covered by the capacity legislation.
Chris Murray (Edinburgh East and Musselburgh) (Lab)
Q
Figen Murray: We had in Manchester a tabletop exercise that Nick Aldworth and I were allowed to witness. They invited us in and they gave us the results of that tabletop exercise. There were medium-sized businesses, small businesses, and venues and businesses even under the scope, and the feedback was that implementing Martyn’s law would actually be either no-cost or low-cost and that it would enhance, in a lot of cases, customer experience, because people would feel safer. The most onerous thing, in some people’s opinion, was to ask their staff to do the 45-minute, free-of-charge ACT e-learning training. Basically, they had to pay one hour of staff wages, but on the whole, they felt it was good and the staff felt better having that knowledge, because they felt better equipped to deal with a crisis.
In fact, some of the venues in Manchester were also saying they do regular real-life practice of lockdowns, for instance. For some reason, Manchester has really embraced it. A few years ago, I got called into a council meeting and they basically said, “We want to support you. What can we do?” I just looked at them and said, “Don’t wait for the legislation. Just do it anyway.” And Manchester did. They worked together with counter-terrorism police and put on the free-of-charge, once-a-month, three-hour, face-to-face ACT training. The sessions are always oversubscribed; they are very well attended.
Brendan Cox: I think that the fact that it has been taken up so strongly belies some of the idea that this is a huge burden on businesses. Of course, with any methodology like this, you can come up with a costing for how much the opportunity cost of doing x, y or z is. You have the big public campaigns around “See it, say it, sorted.” Of course, there is a cost with that. You could measure that cost through the amount you spend on it, the opportunity cost of the things that people could be doing while they are listening to it, the distraction cost—there is a whole way in which you could come up with a very big figure, but the reality is that is a proportionate response to what is a very substantial threat when it happens. As Figen mentioned, our threat is substantial at the moment, and that is therefore the proportionate response that we are trying to come up with.
In the conversations on and implementation of this in Manchester, one of the reactions we got, which was a broader reaction from the public as a whole, was, “Doesn’t this already exist?” The public expect that public venues would have an obligation to keep you safe. You have an obligation on the temperature that you need to keep food at, the number of toilets that you have and to fill in your tax return, but you do not have any obligation to keep your often paying customers safe from a very substantial threat, which is judged to be substantial by the Government. That is a massive loophole, and that is what this Bill helps to fill.
The Chair
There are no further questions, so I thank both witnesses for their contributions this morning. We will move on to our next guest, who is Andy Burnham.
Examination of Witness
Andy Burnham gave evidence.
The Chair
We have until 10.20 am for this oral evidence session. Will the witness please introduce himself for the record?
Andy Burnham: I am Andy Burnham, the Mayor of Greater Manchester. As colleagues will know, I left Parliament in 2017, two weeks before the attack at the Manchester Arena, so I have been closely involved with all the developments ever since.
Dan Jarvis
Q
Andy Burnham: Thank you very much, Minister. Before I get to the question, I will say a little more about my background, which has led me up to what I think. I was shadow Home Secretary at the time of the Paris attacks, and those at the Bataclan in particular. If that had happened here, this legislation would already be on the statute book. Obviously, as Figen said, we have lived through the terrible events of 22 May 2017, but in the seven and a half years since, the nature of the threat has changed. I do not think we could have imagined some of the incidents that we have seen since then, such as the terrible loss of a really loved colleague in Southend and the attack in Southport. We would not have expected that. I remember asking Theresa May at the time of the Paris attacks if we were prepared for an attack in an English city—even then we were thinking only of cities; we were not thinking outside of cities. I say that because all that has shaped my thinking over the years.
When Figen first came forward with the concept of this Bill, I took time to think it through with colleagues in our city region. We are part the Resilient Cities Network, which is a group of 100 cities around the world, and we are in the Strong Cities Network, so we are constantly sharing best practice with cities around the world, and it was our view that the lack of a clear set of standards for security in our venues was a real gap. We were conscious, though, that there may be an impact on venues, hence the measures that were brought forward had to be right but proportionate, and I think care has been taken over that.
As you have just heard, Manchester city council has done an exercise working with venues and surveying venues on some of the voluntary things that have already been done in our city region. As you heard a moment ago, the impact is negligible—it is low-cost—but venues also report that they think it has raised standards generally within the organisation and improved the visitor experience. The experience that people have when they visit—their sense of safety when they are in the city—matters a lot to us as a city region and we are working to raise it. We have gone ahead and, if anything, we want to keep going further and raising the bar.
I will finish by saying that my main message to the Committee this morning is that I ask all of you to please ensure that the Bill is not watered down any further—actually, I look to the Committee to strengthen it. Again, I believe that venues with a capacity of 100 to 200 should be covered by the Bill. I do not think it is right that there is no requirement for training within the standard tier; there should be a requirement for staff to take the free ACT training. The message from Greater Manchester is that we continue to support Figen and all the families who lost loved ones on that night. In one way, we support those measures for that emotional reason, and always will, but we also do so from a Resilient Cities perspective. We believe they will only strengthen people’s experience in our city. We think it is in the interest of parents whose kids come into our city to go to the many events that take place every weekend to understand that there is a basic level of security at all the venues across our city region.
Tim Roca
Q
Andy Burnham: That is a fair question. Of course, we have had those conversations. I have been at events—with Figen, actually—with our night-time economy adviser, Sacha Lord, where we have said, “Look, we think we should do this.” Then there have been conversations like, “Well, it’s difficult. The hospitality sector has had challenging times,” but as we have talked it through I think people have come round to the idea that security and safety is one thing that no venue should compromise on, because in some ways that is the first thing to get right. If you get that right, you will get lots of other things right. It is about raising the standard of what the industry does.
There is evidence that the Manchester visitor economy —I know Manchester is not far from your constituency and you probably know it well—has improved over the years and in many ways mirrors the offer that people can find in London, but we have a night-time economy adviser because we want to keep raising the bar. We are not complacent at all. There just has not been an outcry or backlash. People have worked with it. This attack happened in our city: we lost 22 people—young people, mainly, but people of other ages as well—on that night. It is incumbent on us to challenge ourselves about what we do as a city to respond to that, and to recognise that life is changing and the outlying towns and villages of Greater Manchester could see an incident of that kind.
There is a broader point here: speaking as police and crime commissioner for Greater Manchester, I do not believe yet that the country has all of its procedures in place to face what we are experiencing. I say that with reference to fire and rescue services. Currently, it is still not clear what the role of fire and rescue services is in relation to what is called a marauding terrorist attack. How can that be the case? That clearly needs to be addressed. We have done local things, but this legislation should be only the start, in my view, of really ensuring that there are arrangements in place that provide clarity to blue-light services and venues, as well as others, on the basics of responding to an incident. I think there is still work in progress on that point.
Linsey Farnsworth (Amber Valley) (Lab)
Q
Andy Burnham: That is a really important question. The guidance that I want to see would advise them to have a night-time economy strategy. That is really important for a whole host of reasons, and it is not just about the most serious attacks. We see concerns about spiking or the unacceptable treatment of women and girls, and there is a whole range of issues that need to be addressed. If we want to have the levels of safety that we all want to see in our country, there has to a more serious look taken at some of what happens within the night-time economy. For me, that would include ending out-of-area taxi working, for instance. We have a situation in our city region right now where, if you go into the city centre of Manchester pretty much any night of the week, but certainly on a Friday or Saturday, you will see hundreds and hundreds of taxis with a Wolverhampton plate.
Linsey Farnsworth
indicated assent.
Andy Burnham: You are nodding, which suggests that other places see that. It cannot be in the interest of public safety to have taxis licensed 100 miles away. I would say to local authorities that we need to start calling for change on public safety on nights out. That would include arrangements at the local authority level to ensure that taxi drivers are adequately licensed, and that the relevant criminal record checks are done at a local level and not undercut by something happening a few hundred miles away. I think that is an issue for Parliament. The time has come to end out-of-area work and require that the local authorities where people are doing their job are the ones that license those vehicles. I would like to see wider guidance given to local authorities and legislative change to support them in taking steps to protect the public when they are on nights out, both in implementing this legislation and in improving the safety of what goes on in and around venues on nights out.
Sonia Kumar (Dudley) (Lab)
Q
Andy Burnham: As we have said, smaller venues have been working with Manchester city council and the feedback has been that it is a positive thing to do. Obviously, to have specific training on how to lock down or evacuate a venue is helpful not only for the most serious of incidents but more broadly. Let us be honest: venues face a wide range of incidents on an ongoing basis. There are risks to people’s safety throughout the year. It is something that is part of the night-time economy. I think that it has to be proportionate, but the measures in the Bill are proportionate.
I would go back to that request for mandatory training. If it is free training, why is that not in the standard tier? How does that impose a burden? Did we hear that it is an hour of a member of staff’s time? I do not consider that to be burdensome, to be honest with you. I consider it to be good practice that people are supported in their working time to access and do that training. It would clearly help in a terrorist attack, but it would probably help more broadly in terms of situational awareness, vigilance, and general good practice for running and stewarding a venue and ensuring that it operates well at all times.
I personally do not see why the threshold has been raised to 200. As we have just heard, many of your constituencies will now have many venues that are not covered. Given what we have seen this year, I think it is as likely for an incident to happen in one of those venues as it is in a pub with a capacity of 300 or 400. I do not see that as less likely. Furthermore, I do not think that what is being asked of those places is unnecessarily burdensome. You could even argue that it is more important for the smaller venues to do it, because they will have less resource to call on in the event of an incident.
Mr Connor Rand (Altrincham and Sale West) (Lab)
Q
Andy Burnham: Mr Bishop made a point about recommendations from the Manchester Arena inquiry. The deputy Mayor, who is sitting behind me, has led a whole process to look at implementing every single one of those recommendations—to the letter. As I have said, what happened on 22 May 2017 has changed the city, but not in the intended way. It was intended to divide us, but it brought us together, as you have just recognised. It was also intended to weaken us, but in fact it will leave us with stronger arrangements. At no point in this process have I seen anything other than overwhelming public support for what Figen has called for. The public support has never been in any doubt whatsoever.
I want to come back to the point about the Greater Manchester Fire and Rescue Service. You may remember that, on the night, there was confusion within the fire service about what to do, and it took a long time to arrive at the arena. The service has gone through a painstaking, difficult exercise about what happened and how, and it is a very different organisation as a result.
I want to come back to this point: the role of fire and rescue services is not clear. We, along with London, are the only two fire brigades in the country to have put in place arrangements for all our firefighters to have training in marauding terrorist attacks and to have the capability to respond. That is not the case with the others. Again, I had no resistance to that training from the firefighters or the Fire Brigades Union; everybody saw that it was the right thing to do. But we are now in a position where neighbouring fire and rescue services do not have that capability. It is unclear what happens in an incident, and it should not be unclear.
The Greater Manchester experience is that we have done everything that this legislation is asking, and more. We continue to challenge ourselves and do more, but it has to be standardised nationally for the reasons we have given around the nature of the threat. The message from us is that none of it has been resisted or too difficult to implement with our public services. There is strong public support. I come back to what I said earlier to members of the Committee: please do not let this Bill be watered down any further. If anything, it should be strengthened. Amendments should be coming forward to strengthen it. The risk is that smaller venues will become the ones that are more targeted if we leave that flank open, and I hope that we will not. I think that the standard tier should go back down to venues of 100 or more.
Chris Murray
Q
Andy Burnham: Thank you, Mr Murray. We are really grateful for its support. A lot of collaboration is going on between Edinburgh and Greater Manchester at the moment; the director of the festival was with us just last week.
I have visited Edinburgh festival for the last three years, and I am left in awe at the arrangements in place there because of the depth of experience in Edinburgh of running major events with many facets and many venues, and because of the number of visitors who come into the city. There is a lot to learn from Edinburgh city council and how it manages things. The fact that it supports the Bill should say something. Those who have been to the festival know that a whole range of venues are used—all kinds of sizes. That is the point I made a moment ago in response to Mr Roca: if the smaller venues were not covered by the Bill, they would potentially become the ones more at risk and more targeted.
The point is about the whole ecosystem of venues, from the smallest to the biggest. Measures should not be disproportionate, sure, but if the Bill went through in its current form that would cause me anxiety, given my position. I would have to look at the venues that were not covered. To go back to the question that Linsey Farnsworth raised, that would not make the job of Edinburgh city council, Manchester city council or any other local authority easier. Having clarity in terms of the arrangements is not going to make the job of local authorities harder—the more arrangements are standardised, the better.
Paul Waugh (Rochdale) (Lab/Co-op)
Q
The reason Martyn went to this gig was the reason a lot of people go to gigs—they love music. You love music. Greater Manchester, and Manchester itself, is fantastic for music. Could you explain what is happening in Manchester locally to reassure some of those small-scale live music people, who are saying that this could put them out of business—“We’re not the big boys, we’re not the arena, how can we cope with this and make everyone feel safe without changing our way of life?” As Brendan said, not changing our way of life is ultimately the purpose of this legislation.
Andy Burnham: It is a good question, Paul, and it goes back to the guidance for local authorities. The way we work—when I say “we”, I am thinking of the leader of Manchester city council, Bev Craig, and deputy Mayor of Greater Manchester, Paul Dennett; people you will know—is that we get close to the venues because we all love music and we are a music city region. You will know that there has been a threat to one of our venues night and day in recent times; at different points, we have had similar issues with other venues.
We cherish the infrastructure, and we work hard to keep it. We work hard to understand the issues that venues have, and how we can work in a practical way to help them. That is what I mean by getting close to the night-time economy—that is critical, and it is one of the things we do really well in this country. It is a big reason why people come and visit Britain: not just for the big arenas, but for the grassroots music scene as well. We had WOMEX, the Worldwide Music Expo, in the city last week; Councillor Besford has been very much at the heart of that, and he runs the English folk festival. We, like Edinburgh, often have events that involve the smallest and the biggest.
My point is: do not just impose things on venues. You have to sit down and talk with them and ask what we can do to help. This is my point about Greater Manchester Fire Rescue Service—if you have a capable fire service, they can go in and help. The blue-light services can help provide the training and help people comply with the measures in the Bill. This is not just about leaving venues on their own, saying, “Here is Martyn’s law, so get on with it even if it puts you out of business.” That is not how it is done. We are doing it a different way: get down there and listen to them all. They will all have different issues, so support what they do because they are important in bringing visitors to the city.
I am just giving you the Manchester perspective. That is the way we go about things. The music infrastructure in the city, and the broader entertainment infrastructure, is highly valued. There was an era when a certain nightclub was just left to close and there are flats there now. We do not think like that these days; we protect the infrastructure and that means supporting the venues. It is tough for them, so get close to them and support them. I appreciate that times are hard, but there are blue-light services everywhere that can help them raise their game from a security point of view.
I just think that we cannot talk ourselves into a sort of thing where it is all too big a burden. I can tell you from experience: a terrorist attack is a massive burden on a city and what it does challenges everybody at every level—and that is ongoing. Like Figen said, Manchester will never be the same again after what happened. It has changed us but it has strengthened us and made us more united, and as I say, I do not want any other city to go through that. The Bill is designed to prevent people going through that and part of what I would say is that the way we and Edinburgh do it is a good model for others to look at.
The Chair
If there are no further questions, I thank Mayor Burnham for his evidence. We move on to the next panel.
Examination of Witnesses
Councillor Keith Stevens and Helen Ball gave evidence.
The Chair
Q
Helen Ball: Good morning. My name is Helen Ball. I am the town clerk of Shrewsbury town council in Shropshire and I am also the chairman of the Society of Local Council Clerks nationally.
Keith Stevens: My name is Keith Stevens and I am the chair of the National Association of Local Councils, which looks after the 10,000 parish and town councils across the country.
Dan Jarvis
Q
My question is for Councillor Stevens. I know that you have had a long-standing interest in the process. As part of the pre-legislative scrutiny in the previous Parliament, I know that a number of concerns were raised around proportionality and thresholds, and also around the lack of clarity with regard to the regulator. I would be grateful for your view on the changes that have been made to the Bill since. Also, how receptive do you think local councillors will be to those changes?
Keith Stevens: Having heard what has gone before, as a parish councillor I was quite pleased when the threshold was lifted to 200 because that is proportionate. I will give the simple example of my own parish council. The village hall where we hold all our meetings has a capacity of, I think, 190. I have to be honest: we rarely get to 190 people at a parish council meeting. Normally, it is 20 people, including the councillors, as a maximum. That is why raising the threshold to 200 was welcomed by a lot of councils, because it meant that the rules were not quite as strict. However, I do not think that means that parish and town councils will not look at the security of any venue that any event is taking place in. Security is important and we always look at it.
Sorry, what was the second part of the question?
Dan Jarvis
Q
Keith Stevens: I think they are receptive to the changes and I think that local councils and councillors are very supportive of Martyn’s law. They have all seen the things, and most parish councils have quite good relationships with the security services. In my own area, we have regular monthly meetings to talk about the situation; actually, the police often use parish councils almost as the pulse of what is going on in the village. When there were all the problems last year, the police were in contact asking us to let them know whether we had heard any rumours that got off the ground. So, yes—very supportive.
Sonia Kumar
Q
Helen Ball: We have had conversations with a lot of parish councils and parish clerks over the last few months. A lot of village halls are quite distinct in where they are, so there is some concern as to how they would actually be able to enact evacuation and lockdown procedures, particularly when you have just got a large room and you may only have one entrance and one exit. There is that level of concern.
A lot of the problems that we have at the moment are more about the fear of the unknown; people have read the Bill and are looking at the worst-case scenario. We have tried to advocate—as a society and also as NALC, as part of our Martyn’s law working group—that it is a bit of a “Keep calm and carry on” situation, and that we can do this. A lot of it is a common-sense approach to security. The sentiment from our society is that the legislation should be welcomed and that regardless of whether there are bandings within certain buildings, we should develop a culture of terrorism awareness.
“What price is a life?” is the other comment that a lot of clerks have said of late. Why would somebody’s life be less important if they were in a building that has 199 people as opposed to 201? It is incumbent upon our sector to try to encourage a better culture.
Chris Murray
Q
Helen Ball: Let me give you a bit of my perspective as a practitioner. My involvement in that kind of terrorism management came two weeks after the Manchester bombings, because we were due to have an outdoor music event with 12,000 people in our park. We were starting to get comments from the public such as, “I don’t think I’m going to feel safe. Can I have my money back?” It was incumbent upon us to sit down with the event organiser and their security team, and the counter-terrorism officers and the local police, to put measures in place that would reassure the public that they were safe.
A lot of the kind of things in the current Bill are things that we have been doing. In effect, I, as a town clerk, have had to take on that kind of responsibility. I already had the responsibility under the Health and Safety at Work etc. Act, so it is not as if it is something brand new to us; it is just a different vein.
From our sector, clerks are exceptionally resourceful individuals. They have to be, because they have lots of plates spinning at any one time. So the right kind of guidance would be beneficial—perhaps guidance that we could work within the sector, including the security industry authority, to have very specific guidance that would help our fellow clerks. I think they would take it on board, because they see that this is an important piece of legislation that we have to work towards.
Keith Stevens: In the Bill, it would be good to have slightly more clarity on the responsibilities. If the parish council owns the land, and it is let out for an event, whose responsibility is it? Yes, I think it is down to the parish council to make sure the event organiser is carrying out everything per the rule, but whose responsibility is it if that person says, “Yes, I’ll do all that.”, and then does not? It is one of the slightly grey areas that could be made clearer.
Chris Murray
Q
Helen Ball: It is something that has evolved over the years. When I became town clerk in Shrewsbury 15 years ago, when we were renting the park for an event, it used to be a case of, “Fill out the application form, send me your public liability insurance and the cheque, then drop the keys off when you are finished—thank you very much.” Now we have more stringent premises licenses that require us to ensure that there are event plans and security plans, and that they are communicated with emergency services and the emergency planning team. It has become a morphed role anyway that we have absorbed. I do not really see how Martyn’s law is going to add significantly to that. It just gives us more strength in the argument with event organisers that we have legislation backing us.
Ben Maguire (North Cornwall) (LD)
Q
Keith Stevens: I don’t think so. One of the issues stopping people coming back or standing for councillor has been the standards regime. I was pleased that it was announced that that is being looked at, and it would appear to bring back the standards regime and the recommendations of the Committee on Standards in Public Life. I think that is the only reason why people have not come forward so much, and that is a growing problem not just for councils, but for charities, because of red tape and things like that. I think people will come forward and support their parish council on issues such as safety. People in the village have children and relatives, and they want to keep them all safe. That is where I think parish town councils are almost the key to safety in the community. They are the ones that know what is going on, and people follow their lead.
Helen Ball: I agree with Councillor Stevens. Parish councils are the beating heart of a community. The fact that they have community venues, parks and open spaces, as well as holding events in there, adds to the culture and the dynamic of that community. When you have that strong community infrastructure, you are likely to have a greater mandate from people wanting to stand. Both NALC and the Society of Local Council Clerks have regional structures, which means that we can cascade that enthusiasm and culture down to grassroots level.
Keith Stevens: I would just add that a lot of parish councils are custodian trustees for their village halls, and the village halls are run by a charitable management committee. In my view, it is beholden on the parish councils to make sure that all the community groups in their villages or towns also understand the effect of Martyn’s law. However, I have to mention that it will have a cost. There is not a cost on lives but there are a lot of smaller parish councils with a lower precept; the cost to them will increase, and we will need to undertake training programmes, which has been mentioned.
Ben Maguire
Q
Keith Stevens: The costs for the extra time of a clerk. A lot of parishes have a clerk who works five to eight hours a week, and they will have to find time to do some of those things.
Ben Maguire
In terms of training?
Keith Stevens: Yes, both training and carrying out the review. When Ms Ball carried out the review, it took quite a long time, didn’t it?
Helen Ball: Yes.
The Chair
If there are no further questions from members of the Committee, I thank Councillor Stevens and Helen Ball for their evidence this morning. We will constitute the next panel.
Examination of Witnesses
Paul Laffan, Stuart Beeby, Heather Walker and Alex Beard CBE gave evidence.
The Chair
For this oral evidence session, we have until 11.25 am. Can the witnesses please introduce themselves for the record?
Heather Walker: I am Heather Walker. I am the chief operating officer at the Royal Ballet and Opera.
Alex Beard: I am Alex Beard. I am the chief executive of the Royal Ballet and Opera, formerly the Royal Opera House.
Paul Laffan: I am Paul Laffan, the group safety and security manager for ATG Entertainment.
Stuart Beeby: I am Stuart Beeby, the group operations director for ATG Entertainment.
Matt Bishop
Q
Alex Beard: In principle, these risks are ones that we face operationally day to day. We are already on the crowded places register, so we are already taking many of the actions implied in this legislation. In particular, the lens through which we do that is a risk-analysis approach, with support from the counter-terrorism security adviser and our specialist contractors.
Codifying the expectations of us through “reasonably practicable”, as well as having access to support in implementing this legislation through the relevant authorities and a regulatory body to refer to, are positive additions in principle. Of course, that is subject to there not being any cracks in the obligations between the various actors, and there being sufficient resource for the regulator to deliver its functions. I see this as building on the practice that is already in place. I would just like to stress that we are fully supportive of the legislation. We were involved in its consultation and we regard it as being a good thing.
Stuart Beeby: ATG Entertainment’s perspective is as a multi-site operator. We have 64 venues across Germany, America and the UK. 33 of those are in the UK, from Torquay to Glasgow. Similarly to the Royal Ballet and Opera, we have been involved in the creation of this Bill. While we feel we are already on a good footing with our processes and training and are fully supportive, it is a similar message from us if the process is too formulaic—a one size fits all.
Right now we work with all the security elements, be it contractors and risk assessments and the like or our counter-terrorism colleagues in the local constabularies. The challenges that we face running a 1,000-seat theatre in Torquay are very different from those at our two large theatres in Manchester or our 10 in the west end. So we are very supportive and feel that we are in a good position moving forward with training and processes, but we have an eye on how formulaic this may be with—forgive me—a cookie-cutter approach to it.
Sonia Kumar
Q
Paul Laffan: For us, we already have the processes built in. We have been doing this for a number of years to ensure that we are prepared, as we should be as a public space. Although our venues are vast and wide, the majority are quite straightforward in terms of what we do. The events themselves do not vary a great deal—it is either a play, a musical, a comedy or whatever—the operation of the building does not alter too much and the buildings themselves are predominantly listed, large buildings.
We would expect to conduct initial assessments, which we have already done, and to review them at a similar frequency to all our health and safety approaches; just regular touchpoints subject to any massive changes. We therefore do not feel that the risk assessment element would be overly onerous upon us. For others in our industry, where they have more dynamic spaces and second spaces, it could be slightly trickier; having that resource and knowledge could be challenging. However, we do not foresee its being a huge concern for us.
Heather Walker: One of our thoughts is that the public will need to understand how venues will operate under this Bill. As an example, post covid when we were all opening up, we all worked very closely together to make sure the kinds of mitigations and arrangements in place, so that the public felt safe coming back into theatres, were similar.
Whichever theatre you went to, you saw the same sorts of things in place. I think the nature of risk assessing for this arrangement, which I totally agree with, is going to mean different things for different people. Having different kinds of events, or a different audience profile attending those events, will perhaps change what mitigations you put in place. From the public’s perspective, they will need to understand that not everybody is doing the same thing. That might create some concerns about just how safe one place is compared with another.
Paul Laffan: If I may add to that, I think this comes back to “reasonably practicable” and how we apply that. Someone’s risk assessment can vary from operator to operator, person to person, so it is a question of how much guidance there will be around the expectations so that, when we are weighing up that impact likelihood, cost analysis, of “reasonably practicable”, we understand how we quantify that for a large operator with significant funds behind, it versus a small operator with far less funds. That then would raise concern for me that we may inadvertently create a higher risk profile for another venue; if ATG or the Royal Opera House spent a lot of money strengthening our own resolve and it makes another operator who does not have the same access to funds appear a more viable target.
Stuart Beeby: Our principle is “deter”. That is the key thing: the counter-terrorism strategy is not “defend”, but “deter”. That means that if there is hostile reconnaissance and you look professional and so on, if you are being targeted you could be pushing them along to what is considered a softer target, although dynamically they are actually complying with all the requirements of the Bill.
Paul Laffan: There would be some shape and colour around the risk assessment process and what some of the expected outcomes and the suitable and understood control measures are that would be pragmatic and proportionate to the risk, but also replicable across the entire industry. On Heather’s point, if as a customer I go to see “Mean Girls” one day and a ballet the next, I should not be surprised that there is security and a similar experience on the front end.
Tim Roca
Q
Alex Beard: It puts additional responsibilities on the SIA, which needs the resources and expertise to fulfil those duties. It is a big step up—that is my No. 1 observation.
Heather Walker: And it needs the time to put this in place so that it is consistent and appropriate.
Paul Laffan: Certainly from our point of view, it is a good appointment. It is the logical one, given what it already does in the private security sector. Our only real concern would be around its—forgive me for using the wrong word—ability to pragmatically apply the risk assessment and the review of processes in what is quite a different industry and setting across much of live entertainment, versus the classic private security sector, but we are sure that that will come out in its guidance as it starts forming.
It would be great to have clarity in the Bill on how the SIA will interact externally, such as with public planning. As we strengthen our own four walls, if that shifts the attack vector to externals, with things like vehicle-as-weapon, we have very little control over the public spaces outside our buildings, yet we will introduce a crowd of people leaving after a show. HVM—hostile vehicle mitigation—is an example. That is something that we always push for in planning applications and it is very swiftly declined, fundamentally on the basis of cost and whether it suits the planning aesthetic of pedestrianised areas. It is about understanding how much power the SIA will have in enforcing, collaborating and engaging with external bodies on behalf both of the Bill and of us as private entities.
Alex Beard: Ensuring that there are no cracks between the obligations on individual institutions and the role of the local authority and the statutory authority is absolutely key. Even when hostile vehicle mitigation is accepted as required or desirable, the time lag in implementing it can be very considerable.
Chris Murray
Q
Heather Walker: Security is both a moral and a commercial obligation for our visitors and our staff. It is essential that the public and our staff feel safe in our building; that is an important part of their feedback and how we keep on attracting them. The reasonable practicableness is a very subjective view. As an example, we do bag searches for everybody who comes into the building. Some might feel that having security arches is reasonable, but we have to balance that with the fact that we are a theatre—we are providing entertainment and this is a social space to come into with your friends and family. All these things are about balance and assessment. Having a CTSA to guide us through that is certainly extremely valuable.
Stuart Beeby: Our view, looking across the United Kingdom, is very similar. Things are affected, and there is a groupthink. We can demonstrate with statistics how long it took people to come back into places of mass gathering for great entertainment: post covid, it has taken a long time. I speak as the largest operator of theatre in the UK. There will be areas, particularly in some constituencies, where there are still independent theatres run by local authorities. The challenge with the cost base in live entertainment is very real, given the national living wage, energy costs and just the costs of producing. There has always been a high bar, but with those three it is a bit of a perfect storm. Unfortunately, cost is a reality that makes people look.
As we tried to paint a picture earlier, when we talk about the formulaic, you could get the same effect by scanning the ticket, having the table, checking the bag, having another queue for bigger bags or maybe not even allowing bigger bags into your theatre. You can do all that. If you come to our theatre at the Lyceum, with Disney as our partner, where we are doing 2,100 people with eight shows a week, you will see dogs there. I do not use dogs at the Savoy or the Princess theatre in Torquay, but that does not mean that you are less safe. There is an assessment.
We have to constantly manage that message. We do customer feedback, and you are right that we get the two bookends: “You made us do a bag search, it was raining, it was ‘An Inspector Calls’, the average age was 65 and we were out in the rain,” versus, “You were rushing us through, I had a bag and the check by your security staff seemed cursory.” We are constantly having to balance it.
There will be a real challenge on cost, which comes back to the application. For us, I guess it is about being very clear. It needs to be effects-based in terms of how it is assessed and the mitigations you put in place, because good training and being professional are just as effective as somebody being poor and just trying to whizz everybody through an arch, which would create a lot of cost. That formulaic piece is key.
We are constantly managing the message that these are safe spaces to be, because in the theatre the average age is still higher. It is still that demographic that is 45-plus with more disposable income and, particularly in regional theatre with your matinées, there will be more retirees, so they are very receptive to trigger events.
The Chair
As no other members of the Committee have questions, may I thank all our witnesses for their evidence this morning? That brings us to the end of our morning session. The Committee will continue taking oral evidence at 2 pm, here in the Boothroyd Room.
Ordered, That further consideration be now adjourned. —(Keir Mather.)