Terrorism (Protection of Premises) Bill (Second sitting)
(Limited Text - Ministerial Extracts only)
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The Chair
I apologise, but I may have inadvertently given a date rather than a time. This panel lasts until 2.20 pm.
The Minister for Security (Dan Jarvis)
Q
I am conscious that some, but not all, members of the Committee have spent quite a lot of time thinking about the nature of the threat that we face. You are supremely well placed, given your experience, to talk about the nature of the threat. I know that there will be limitations on what you can say. However, it would be incredibly helpful for the Committee if, based on your extensive experience of policing, you were able to say something about the nature of the terrorist threat that we face today and how that compares with, say, 10 years ago. Can you also say something about your assessment of the legislation we are dealing with and its benefits?
Matt Jukes: Thank you very much, Minister, and I thank the Committee for the opportunity. Before I move on to the threat, I would like to acknowledge all those who have been directly affected by the reality of terrorism in the UK and particularly to remember the victims of the attacks that have given rise to the movement towards the Bill. I pay particular tribute to Figen Murray for her tireless campaigning to bring us to this point.
The terrorist threat in the UK remains substantial and across the years that I have been involved, we have moved from a situation where people once needed to travel to acquire terrorist training, methodologies and equipment to now being able to carry out that kind of research and reconnaissance and acquire terrorist knowledge from their bedrooms, increasingly driven by the internet. The most pronounced feature of our work of late has been low sophistication actors who are self-initiated. They are sometimes called lone wolves or lone actors, but are in fact often connected to small groups of individuals online and often inspired by terrorist rhetoric, which endures from decades of presence of that kind of material, now in the online space.
We see three principal forms of ideology driving radicalisation and risk. First, there is those who have been inspired by or are directly connected to organisations such as Daesh/ISIS or al-Qaeda—so-called Islamist extremist terrorism. Secondly, we have seen over recent years the growing presence of extreme right-wing terrorism in our casework. Thirdly, there is an increasing number of cases of individuals who are mixed, unclear or unstable in their ideology and who seek inspiration in the material online from a range of different sources, sometimes mixing and moving across those ideologies.
In contrast to the previous decade, where we saw the rise of the Syrian caliphate and travel overseas, in recent years we have seen less travel overseas to carry out acts of terrorism and we have worked incredibly hard internationally and in partnership to reduce the movement of terrorist foreign fighters. One consequence of that has been that all the major terrorist organisations, which seem at times very remote from the UK, speak in terms of attacks being carried out where you are—effectively, if you cannot travel, then you might consider an attack where you are—and we have seen examples of that ideology following through.
The major terrorist organisations, which have been significantly degraded since 2014 and the rise and fall of the Syrian caliphate, should be acknowledged, as the director general of MI5 has said, as being down but not out. Although I have spoken about the numerous, dispersed individuals who are inspired to act on self-initiation, we are seeing signals of growing and re-emerging sophistication in international terrorism. The most obvious instance of that was the Crocus City Hall attack in Moscow earlier this year.
I will finish by scaling all of that. I am fortunate to work with a range of partners, communities, victims and survivors. Our core teams in counter-terrorism policing are currently investigating, in 800 separate cases, thousands of individuals who have expressed some intent to pursue a terrorist cause. Every year, 6,000 to 7,000 people are added to the roster of those who have been referred into the prevention of violent extremism casework through the Prevent lens.
All of that takes us to the question of how to mitigate those threats. We mitigate them through the pursuit of those who are already on our radar effectively, working closely with MI5. We mitigate those risks by trying to get ahead of them, with the prevention of violent extremism through the Prevent programme and elements of deradicalisation. It is absolutely critical that, in the conditions I have just described, we are able to protect the potential targets of terrorism and prepare communities, businesses and society to respond when terrorist events take place.
The terrorist threat now is harder to spot and harder to stop than it has ever been. Therefore, however effective our investigations are, we have to be ready to prepare and protect the potential targets of terrorism. To do that, we think that the proposed measures in the Bill—Martyn’s law—are proportionate, and highly likely to be effective.
We enjoy extremely positive relationships with a range of sectors—they are giving evidence this afternoon—but the measures will move us forward from a mode of co-operation, encouragement and collaboration, to giving communities, customers and society the confidence that there is a base level of preparedness and protection in place in the venues captured by the Bill. While we have enjoyed those relationships, we know there is a great deal of inconsistency around the country, and we would not want to see in any sense a postcode lottery for those who deserve protection.
I will finish with a small illustration. You have probably already heard, and will continue to hear, fear and concerns about the proportionality, cost and scale of the impact of the Bill. Given the terrible events of 2017, it is worth remembering that in Borough market during the London Bridge attack, the simple act of encouraging customers to remain in a premises and locking the door saved lives. At the level of intervention that is proposed in the majority of premises, the simple preparedness of staff to take low-cost or no-cost interventions can absolutely contribute to saving lives in the UK. For that reason, counter-terrorism is full square behind the Bill.
Kirith Entwistle (Bolton North East) (Lab)
Q
Matt Jukes: The foundational incident for these conversations is the attack on Manchester Arena in May 2017. The evidence of the inquiry was clear that with a better prepared environment there, responders and those working on the premises could have changed the outcomes, whether by preventing an attack that evening, or mitigating its effects. One factor that has been discussed is that we will only capture a range of premises. We might touch on thresholds, but we might capture a range of premises and not all public spaces. One thing I felt quite confident in judging is that preparing businesses in these different tiers to be more security-minded, preparing people who work in those businesses to be more security aware and planful around the prospects of safety will raise overall the readiness of communities for attack.
Even though some of the attacks that we have seen over recent years have taken place in public spaces in open areas and would not be captured by this legislation, we might have seen trauma kits more readily accessible in adjacent premises. We might have seen people who were travelling to or from work who were more ready to play their part in responding as part of the community response to those incidents, and we might have been able to mitigate some of the risks of the spread of those attacks in the way I described in London bridge.
We know that where it has worked best, a combination of vigilance, preparedness and physical security can all play their part. We absolutely see both deterrent and mitigation of risk. Based on our experience of attacks over recent years, it would have to include those at major events. You are going to hear some more evidence about that. We know that in an enduring sense, major and public events remain a focus of terrorist planning.
The Chair
Thank you all. For this oral evidence session we have until 2.50 pm. Can the witnesses please introduce themselves for the record?
Neil Sharpley: Good afternoon, everyone. My name is Neil Sharpley. I am the chair for the Federation of Small Businesses covering Home Office and Ministry of Justice policy, and so embrace security industry and terrorism aspects as well as crime.
Mike Pearce: Good afternoon, Chair and Committee. My name is Mike Pearce. I am the director of security for Land Securities, otherwise known as Landsec. I am also chair of the Counter Terrorism Business Information Exchange.
John Frost: Good afternoon. I am John Frost, deputy chair of the Counter Terrorism Business Information Exchange. I also head up business continuity and safety at Marks & Spencer and lead the Retailers Business Continuity Association.
Dan Jarvis
Q
Neil Sharpley: The simple answer to that is yes. The comments we made previously have been taken into account. We think that for any piece of new legislation that is breaking new ground, which we of course support and our own research shows that there is a need for information to be disseminated to businesses about terrorism risk, the threshold has been set at the right level initially. We expect that it will be reviewed in due course as the Bill, or the Act when it becomes that, beds in, but we feel that the parameters have been set correctly at present.
The concerns we expressed previously were about very small venues, community venues, local societies and things of that sort. The one thing that is not touched on in the Bill, which I should perhaps mention initially, is what the role of local authorities should be in helping to achieve the aims of the Bill. We all agree that the aims are to ameliorate the risk as far as terrorism is concerned. I am sure it has been observed before that many open public areas are surrounded by a plethora of smaller businesses, many of which would never be in scope of the Bill but all of which, because of the current threat vectors, might possibly be at risk. My question to you is, should this Bill also contain some provision that requires local authorities to assess the risks of those open areas and to embark on some sort of training exercise in respect of the smaller businesses surrounding them, whether or not they fall within the scope of the Bill in terms of specific obligations? That is something that needs attention and something we have touched on a number of times before, and I think the local authority representative who gave evidence before the Bill was launched also touched on that. It seems to be an area where, especially in smaller towns and cities, a considerable amount of good work could be done to reduce the risk beyond what is currently envisaged within the Bill.
In general terms, we welcome the changes. We think the Bill will take some time to bed in. Businesses will become accustomed to the responsibilities and, in due course, those responsibilities may not be regarded in such an onerous way as they might be regarded now for any new piece of legislation. It may also be possible, with due consultation, to change the parameters, but that is a matter for the future; it is a matter for research and for data, and we need to do what is necessary to ameliorate the risk, not what is unnecessary but looks good in regulatory terms. We need to address the specific risks—the real risks—themselves, rather than create a system that does not target those risks as extensively as I think could be done.
Tim Roca
Q
John Frost: In our organisation, regardless of any capacities, we would adopt an approach across all of our locations. The rationale for that would be that, having suffered incidents of this nature in sites, stores or premises that are below the threshold that has been set out, we would feel that there would be a moral obligation, as well as the legislative obligation, to equip all of our stores. Therefore, we will have our own inspectorate across stores in the enhanced tiers, but we will ensure that our management teams are trained, engaged, educated and equipped proportionately to respond to acts of this nature in every site that we operate in.
The Chair
For this oral evidence session, we will have until 3.10 pm. Could the witnesses please introduce themselves for the record?
Cameron Yorston: Hello everyone, and thank you for having us. I am Cameron Yorston, a director at the Sport and Recreation Alliance.
Max Nicholls: Hi everyone—I am Max Nicholls, policy manager at the Sport and Recreation Alliance.
Dan Jarvis
Q
Secondly, we would like to get a sense of your views on the proposed changes in relation to the addition of the “reasonably practicable” standard. Again, we hope you will welcome that change. Your sense of those two changes would be very much appreciated.
Max Nicholls: I am happy to take that question. We certainly welcome the flexibility introduced by the change around capacity calculations, the ability to look at things such as historic attendance data and a wider range of measures that may impact how many people are on site. We have some sites in the sport and recreation sector that are quite large in their overall footprint, but which in reality have fairly few people in them at any one time. Previously, there was a concern that if a calculation based purely on footprint was to be introduced, lots of those premises could be drawn into the enhanced tier. We certainly welcome that change and the flexibility around how many people are on site based on the different criteria set out in the briefing note.
Cameron Yorston: The answer to the second question on the introduction of the “reasonably practicable” judgment is that we welcome it entirely. I also wanted to kick off a broader point that we, and the sector more broadly, welcome the intention of the Bill, as the gentlemen before us said. I think everyone can be supportive of the principle of trying to make venues in specific sectors more resilient across the country.
I suspect you will also have heard this throughout the day. What is missing—or rather, where we still need further clarity and guidance—is greater clarity on the practical implementation of the Bill and on how, in practice, that “reasonably practicable” judgment will apply. I am more than happy to elaborate and illustrate with specific examples of where it is not clear that the spirit and intention of the Bill, and those exclusions or measures you reference, will bite in the appropriate way. There is a risk of unintended consequences.
Sonia Kumar
Q
Max Nicholls: I will make an opening point generally on community sports venues and organisations. Across the country, we have roughly 100,000 grassroots sports clubs; as many on the Committee will be aware, these are predominantly volunteer-run, and do important work in the community to get people active and deliver community cohesion, as well as delivering all these other social benefits driven by participation in sport and physical activity.
We know that there are lots of challenges around recruiting and retaining volunteers, specifically post-covid. One common thing our members tell us is that volunteer recruitment is one of the key barriers to delivering more sport and physical activity. As Cameron alluded to, something we are keen to work with the Committee and Government on, through to the production of guidance, is supporting those volunteers in community-based organisations; we want to understand what their environment requirements are and give them as much information and guidance as possible to support them in the undertaking of their requirements.
As you say, that will look very different in different parts of the country. We represent a huge plethora of sports and recreational activities where the clubs and activities are very different. Having the flexibility to understand what is appropriate and practicable for those different organisations is important.
Cameron Yorston: To add to that briefly, and to reiterate the earlier point, we want to avoid unintended consequences. It is quite hard as at now to envisage all the specific impacts that might emerge from the legislation, given there is clearly a need for greater clarity and guidance.
The overarching point is that we do not want to impose any potentially prohibitive burdens or requirements on volunteers who are already very stretched, as that risks reducing the provision of sport, physical activity and recreation against the backdrop of the country’s wider challenges, such as issues with public health and a struggling NHS. What we do not want to do is inadvertently reduce people’s ability to participate in sport, recreation and physical activity, because there are adverse unintended consequences to that.
The Chair
We have Kate Nicholls OBE, the chief executive of UKHospitality, in the Committee Room with us, and we are joined via Zoom by Mike Kill, the chief executive of the Night Time Industries Association. We have until 3.40 pm for this oral evidence session. Will the witnesses please introduce themselves for the record?
Kate Nicholls: I am Kate Nicholls, chief executive at UKHospitality, the national trade body for hospitality businesses right the way through from a single-site independent pub, bar, nightclub, restaurant or hotel to the largest national chains. Our membership also includes some large event venues and exhibition centres.
Mike Kill: My name is Mike Kill. I am the chief executive of the Night Time Industries Association, which represents businesses that operate in the ecosystem between 6 pm and 6 am. Broadly, we represent pubs, bars, restaurants, clubs, live music venues, events, casinos and the like that operate within that period.
Dan Jarvis
Good afternoon to you both. Thank you very much for appearing before the Committee today: you have a particularly valuable insight and we are looking forward to hearing from you.
We heard earlier from Mayor Andy Burnham, who was very positive about the impact that these measures are already having on the hospitality sector in Greater Manchester. I want to get a sense of whether that accords with your analysis of the impact of these measures on the hospitality sector nationally. It was very positive to hear the good news story from Greater Manchester, with the way it has been embraced by the hospitality businesses there, but it would be good to get your sense of whether there should be the same approach right around the country.
Kate Nicholls: I do not think anybody in the hospitality sector or the wider live music and events sector could have experienced the recent incidents we have had—not just in Manchester, but in London—and just sat back and waited for legislation to ensure that our customers, our public and, most importantly, our staff were safe. Since those events, and since the learnings coming out of the inquiry, we have been working collectively with our members to look at how we could take forward this protect duty within the context of our existing licensing regime—the Licensing Act 2003 puts on us a legal obligation to ensure we take account of public safety. As part of that, businesses in city centre locations, in particular, have worked with their local police forces and counter-terrorism to ensure that steps are already being taken to look at measures that could be encompassed within this duty.
I should also say that we are working to ensure that that is taken right down to the very smallest venues and that lessons are learned there, so that we have a basic level of security within the public realm. While Manchester is leading the way, quite unsurprisingly, we are working hard to make sure that we are doing the same thing and carrying out those lessons and delivering that in practice.
Sonia Kumar
Q
Mike Kill: With regard to the businesses that we represent—particularly some of the small and medium-sized enterprises and businesses that are slightly smaller and, as you can appreciate, on the lower tier—there is, without a doubt, a resonating concern around the cost base given the current economic climate.
A key area of concern for us, because the industry has a high turnover of staff, is that that continual training of staff within that high turnover is going to represent a level of cost. When we looked at things like the impact assessment, we felt that without a doubt, given the infrastructure, systems, processes and considerations at either level—whether on the standard or the enhanced tier—there is a concern that this will be onerous cost-wise, particularly around staffing levels. There is also concern with regard to certain shifts around things like the national living wage, which will drive that forward as well.
From the perspective of the industry, there is still a resonating concern that there will be an undue burden on small venues and community groups in particular, which, in the current economic climate, that could lead to further challenging situations. That is not to take away from the importance of safety; however, the reality is that we have to be honest about our position moving forward. So there are resonating concerns, but people are taking positive steps forward.
Just to reiterate and support Kate’s comments, there has been a very positive reaction to the Bill—it is very well supported. I believe the right action to move forward is happening across the sector as a whole at varying levels, but Manchester is without a doubt leading that, given the circumstances represented there.
The Chair
Are there any other questions for the panel? I want to ensure I do not miss anybody again. If there are no further questions from Members, I thank the witnesses for their evidence.
I understand that we may be so far ahead of ourselves that not all the witnesses for the next panel are here.
Dan Jarvis
Dame Siobhain, may I propose that we change the order of the panel of witnesses, while remaining within the provisions of the programme order?
The Chair
Does anyone in the Committee object? No.
Examination of Witnesses
Jeremy Leggett gave evidence.
The Chair
Our next witnesses are Jon Collins, chief executive of LIVE, and Melvin Benn, spokesman for the Concert Promoters Association. This is now panel 10 of the oral evidence session, and we have until 4.30 pm. Could the witnesses introduce themselves for the record?
Jon Collins: My name is Jon Collins, and I am the chief executive of LIVE, which is the live music industry body in the UK. We pull together 15 different associations from across live music, including the Music Venue Trust, which represents the smallest music venues in the country, the British Association of Concert Halls, the National Arenas Association—taking us upscale—and the Association of Independent Festivals. The Concert Promoters Association, which Melvin is representing, also sits on my board, alongside representatives from artists, agents, managers and ticket retailers—right the way through.
Melvin Benn: My name is Melvin Benn, and I am the managing Director of Festival Republic. I am here today speaking on behalf of the Concert Promoters Association. Festival Republic is the largest festival producer and promoter in the UK, producing and promoting festivals such as Reading, Leeds, Latitude, Wireless and Wilderness, concert series in Gunnersbury park, Crystal Palace park and Finsbury park and so on.
Dan Jarvis
Q
Jon Collins: Thank you for those comments. We are attempting to be a critical friend to strengthen the Bill as it moves through the House. The first recognition is the role of licensing in our industry. Every one of the venues and festivals I have talked about will have a premises licence, be that for the event or for the venue. There are four objectives under that piece of legislation that relate to public safety, the prevention of crime and disorder and so on. We have concerns about how the requirements under this legislation will or will not align with the licence conditions that our venues and festivals will be operating within.
There is a risk of some potential conflict—particularly as the licensing process is often a multi-year process, where the local authority gets to understand the venue and the festival and comes back year in, year out. There will be the development of security advisory group sessions and the development of an event management plan. That is a long, well-developed process, but now an inspector could potentially visit just before the event and say, “I am not satisfied with all of this; you need to take these steps.” The first thing we would note is that there is no requirement for them to be reasonably practicable in the Bill, whereas the requirement for operators is to take reasonably practicable steps. We think an amendment that adds that expectation to the inspectorate would be useful.
Beyond that, could the guidance for this legislation be mirrored in the section 182 guidance for the Licensing Act 2003 in England and Wales, and its equivalents in other countries and regions? Could we have something in the legislation to say that a requirement from the inspectorate cannot conflict with a licence condition? If there was conflict, if something happened and we had to get into the whys and wherefores, there would potentially be legal considerations there: “Well, I was compliant with this legislation, but you’re saying I am not compliant over here.” There are some challenges there that we think can be addressed as the Bill moves forward and the guidance is created.
Chris Murray (Edinburgh East and Musselburgh) (Lab)
Q
Jon Collins: The Licensing (Scotland) Act 2005 is similar to the 2003 Act in its provisions. It could be, for example, a venue having a condition that says they will search everybody on entry. That will necessarily create a queue outside the premises, but it might be that from a counter-terrorism perspective you need to get everybody inside the premises as quickly as possible. Then you have a direct conflict, and the operator is trying to square that circle.
Melvin Benn: As Jon said, the two licensing Acts in England and Wales and in Scotland are very similar. In Scotland, particularly for outdoor events, licences are done on an annual basis, as opposed to a permanent premises licence as it is in England and Wales.
However, there is potential for conflict where a venue, an annual festival or an annual series of concerts has been in monthly meetings with safety advisory groups and has done all the preparation on the basis of the advice from the safety advisory group—who of course take advice from the local police force and the local CT SecCo, or counter-terrorism security co-ordinator, and so on—and the organisers will have their plan for the evening, or the festival, the weekend, or the next month or six months of the venue, all costed and budgeted, and then the regulator’s representative may come in and say, “I fundamentally disagree with that, and I need you to do this.” It appears that they have supreme powers. Certainly, in the way it is written, as Jon said, there is no factor of reasonableness in it, which we have to have. Parliament expects us to be reasonable in our endeavours, in our searching and so on. This does not have that factor of reasonableness, and it could cause conflict. It could be that the regulator and the safety advisory group have differences of opinion and we get caught in between, with what could be very significant financial penalties, not knowing quite which way to go.
Tim Roca
Q
Gary Stephen: I am aware that in some parts of the security industry, the SIA has a poor reputation when it comes to the enforcement of licensed premises. But from the information provided to me, and with the creation of a separate entity within the SIA to manage the enforcement of new legislation, it is comforting. Looking at the alternatives, it seems like the most practical and logical appointment on the face of it.