Terrorism (Protection of Premises) Bill (Third sitting)

Debate between Dan Jarvis and Tom Tugendhat

Committee stage
Thursday 31st October 2024 Public Bill Committees

[The Minister for Security (Dan Jarvis)]

It is a pleasure to serve under your chairship, Dame Siobhain. It is good to see the shadow Minister, the right hon. Member for Tonbridge, in his place. He and I have known each other for a very long time, and as this may be our final exchange—

[Tom Tugendhat (Tonbridge) (Con)]

It will be.

[Dan Jarvis]

Well, as it sounds as though it will be our final exchange, I take this opportunity to thank the right hon. Gentleman for his service and wish him well for the future.

The purpose of clause 1 is to aid the reader of the Bill to understand its content and structure, which I am sure will be a great relief to members of the Committee as we debate the Bill. As the clause provides an overview of the Bill, this seems an appropriate moment to set out a reminder of why we have sought to legislate.

The first responsibility of any Government is to keep the public safe; that is, and will always be, our No. 1 priority. Since the start of 2017, agencies and law enforcement have disrupted 43 late-stage plots, and there have been 15 domestic terror attacks. As the MI5 director general, Ken McCallum, set out last month, this country is today subject to

“the most complex and interconnected threat environment we’ve ever seen.”

As can sadly be seen from recent terrorism incidents, the public may be targeted at a wide range of public venues and spaces. We know, too, that the terror threat has become less predictable and potential attacks harder to detect and investigate. That is why those who run premises and events need to know what they can do, and what they should be doing, to keep the public safe. That view is supported by inquests and inquiries into terror attacks, which have recommended the introduction of legislation to improve the safety and security of public venues. That includes, but is not limited to, monitored recommendation 4 in volume 1 of the Manchester Arena inquiry.

The purpose of the Bill is to ensure that appropriate procedures are in place, or appropriate measures taken, to keep us safe. Wherever people are and whatever they are doing, they deserve to both be and feel safe, ensuring protection of life and of our way of life.

While we recognise that the risks posed by terrorism are already proactively considered for some premises and events, there is a lack of consistency, which needs addressing. The Terrorism (Protection of Premises) Bill—Martyn’s law—will remedy that inconsistency. The Bill’s proposals have been subject to extensive development, and a draft version of this legislation was subjected to pre-legislative scrutiny under the previous Government. Indeed, the shadow Minister gave evidence to the Home Affairs Committee on that matter.

The Bill that we have brought forward has been adjusted to strike an appropriate balance between protecting the public and avoiding an undue burden on premises. We recognise that a one-size-fits-all approach would not be suitable for all premises and events, which is why, for example, we have adapted the Bill’s requirements to include the “reasonably practicable” test. That will enable those responsible for qualifying premises or events 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 venue.

I take this opportunity to pay tribute once again to Figen Murray, from whom we heard so movingly on Tuesday. She has without doubt been the driving force behind this Bill. I am sure that all Committee members will agree that Figen is an inspiration to us all. With that, I look forward to the exchanges to come in the course of proceedings in this Committee.

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[Tom Tugendhat]

Given that this is the last time I will speak on this Bill Committee, I want to pay tribute to Figen and Brendan for the work they have done.

There is always a danger with such Bills that we put the blame not on the perpetrator but on those who are actually victims. I say that because the businesses that must make provision, pay the cost and bear the burden are also victims of the perpetrators. Let us be absolutely clear: for all that this law lays out the responsibilities on businesses, the true responsibility falls on those perpetrating these attacks.

Today, as Ken McCallum would tell us, the Iranian state is a prime originator, and the Muslim Brotherhood is a feeder, of the evil we see perpetrated. It is the various jihadi extremist organisations that make this country less safe, and different aspects of other political parties also make it more dangerous. We must be absolutely clear that responsibility for the actions we are talking about actually falls not on the businesses but on those who encourage, tolerate and perpetrate terrorism. Let us be absolutely clear today that one of the principal vectors for this violence comes straight out of Tehran and through various organisations that are still operating in this country despite many attempts to close them down.

[Dan Jarvis]

I am grateful for the contributions made by my hon. Friends the Members for Rochdale, for Dudley and for Macclesfield. I am also grateful for the contribution made by the hon. Member for North Cornwall; the Government appreciate the Liberal Democrat party’s support, and I am happy to work, and have further conversations, with him before Report on the important point that he raised about training.

Finally, I thank the shadow Minister for his comments. I completely agree with his point about responsibility, and he is right. He will know that this new Government take these matters incredibly seriously, and I can give him and the rest of the Committee an absolute assurance that we will not rest in seeking to address the points he made and the concerns he dealt with admirably when he was the Minister.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2

Qualifying premises

[Tom Tugendhat]

I beg to move amendment 22, in clause 2, page 2, line 11, leave out “200” and insert “300”.

This amendment sets the threshold for qualifying premises at 300 individuals.

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[Tim Roca]

I want to speak briefly to the point about thresholds, which has just been discussed. The consultations prior to the Bill were based on a threshold of 100 at the standard tier, and I welcome the ability the Bill gives the Secretary of State to reduce the threshold back to that, should the evidence warrant that. I think Members will be reassured by some of the safeguards the Minister has just talked about, which would have to be in place before any such change happened.

In the protect duty public consultation, half of respondents thought that the threshold should be 100. Moving it to 200 has already taken 100,000 premises out of the scope of the legislation, leaving 180,000 within it. Raising the threshold to 300 would in effect remove the standard tier altogether. Figen has been very clear on this point:

“Raising the threshold of 200 even higher would mean that proportionality would no longer exist”.

She has also pointed out that in her small town of Poynton, in my constituency, a threshold of 200 would already mean that not a single venue is covered by this legislation. A move to 300 would therefore be a mistake and fatal to the purpose of the Bill.

[Tom Tugendhat]

Given the very obvious numbers on the Committee, there is no point in pushing the amendment to a vote, but I still believe that the burden on small businesses is too great. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 2 ordered to stand part of the Bill.

Schedule 1

Specified uses of premises

[Dan Jarvis]

I beg to move amendment 10, schedule 1, page 26, line 15, leave out paragraphs 3 and 4 and insert—

“Entertainment and leisure activities

3 Use (other than a use mentioned elsewhere in this Schedule) for the provision of entertainment, leisure or recreation activities of any description, where the activity is principally for the benefit of visiting members of the public.”

This amendment makes general provision about premises used by the public for entertainment, leisure or recreation activities and replaces references to specific types of such activities.

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[Tom Tugendhat]

This very simple amendment is in line with the others that I have already spoken about. It would limit the Government’s power to exert extra burdens on small businesses.

[Dan Jarvis]

I thank the right hon. Gentleman for tabling this amendment. The Government consider that specifying further measures is an important power for the Secretary of State and must be available to ensure effective protection of the public through these measures.

Having the ability to specify further public protection measures through regulations means that the requirements of the enhanced duty can be amended to reflect changes in the terrorism threat, advances in technological solutions and our response to them. For example, there may be lessons learned from future incidents, further common types of attack may emerge, or best practice may evolve.

The right hon. Gentleman’s amendment would limit the Government’s ability to protect the public and safeguard them from harm. I understand that the intention behind it may relate to fears over the burden that future measures may create. However, the clause is drafted to constrain the power to be exercisable only where it is considered that the further measures will reduce vulnerability to, or the risk of physical harm from, an attack. It is intended to ensure that new requirements are limited to those necessary to protect the public, and remain in line with the overall objectives of the measures under the clause. Given the evolving nature of terrorism and the threat it poses, the Government consider it necessary to include this power, and therefore do not support the amendment.

On amendment 26, the Government consider it important to be able to remove or amend public protection measures from the list in subsection (3). For example, the Government might identify potential amendments to improve the measures through lessons learned and evolving best practice. This power is drafted so that the Secretary of State may remove or amend the types of measures only if they consider that doing so will not either increase the risk of physical harm to individuals or increase the vulnerability of the premises or event to the risk of acts of terrorism. That is in accordance with the overall objectives of the measures within this clause, as stated in subsection (2).

Were we to agree to the amendment, specified measures could be amended or removed without a requirement in the Bill for the Secretary of State to expressly consider how those public protection objectives would be effective in taking away or altering a measure in the list approved by Parliament. The Government do not consider that appropriate and therefore respectfully do not support the right hon. Gentleman’s amendments.

[Tom Tugendhat]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 6 ordered to stand part of the Bill.

Clause 7

Enhanced duty premises and qualifying events: documenting compliance

Question proposed, That the clause stand part of the Bill.

[Dan Jarvis]

Clause 7 places a legislative requirement on those responsible for enhanced duty premises and events to prepare and maintain a document that records their compliance in relation to putting in place procedures, under clause 5, and measures, under clause 6. This is necessary to ensure that premises are able to more easily demonstrate compliance, and the Security Industry Authority is able to assess that against the Bill’s requirements. Many premises will already be documenting similar mitigations in regard to existing security plans for non-legislative purposes—fire safety and health and safety legislation, for example.

Documents should contain statements that relate to the public protection procedures and measures that are implemented, or proposed to be implemented, at their premises or event. Documents should also contain assessments to provide a rationale as to how the proposed procedures and measures will reduce both physical harm to individuals present and vulnerabilities of the premises or event if an attack were to occur.

When complete, the document should contain the totality of the procedures and measures deployed and sufficient detail to enable the authority to assess whether those responsible for premises and events are compliant with the Bill’s requirements. In the first instance, those responsible for enhanced duty premises and events are required to provide the document as soon as reasonably practicable after it is prepared and within 30 days of any subsequent revision.

Question put and agreed to.

Clause 7 accordingly ordered to stand part of the Bill.

Clause 8

Requirements to co-ordinate and co-operate

Question proposed, That the clause stand part of the Bill.

Terrorism (Protection of Premises) Bill (Fourth sitting)

Debate between Dan Jarvis and Tom Tugendhat

Committee stage
Thursday 31st October 2024 Public Bill Committees

[Dan Jarvis]

Clause 12 will allow the SIA to effectively operate as the regulator for the Bill by setting out its responsibilities, powers and role. The primary role of the SIA will be to provide support and guidance. However, it is also important that it has the powers necessary to investigate and monitor compliance, so that the legislation can be enforced effectively. Schedule 3 therefore grants powers to authorised inspectors to investigate whether persons responsible for premises or events are contravening or have contravened requirements of the Bill. The schedule outlines their powers to gather information, the use of warrants, their ability to enter premises without a warrant, and supporting offences.

Under the schedule, inspectors will be able to serve information notices to gather relevant information for inspection purposes. The notice could require a person to provide written detail relating to an investigation or to attend an interview. Inspectors may enter premises without a warrant, subject to certain conditions in paragraph 4. However, schedule 3 also provides for inspectors to apply for warrants to enter premises, with paragraph 6 setting out the powers afforded to inspectors once a warrant is issued. The schedule also creates criminal offences for failing to comply with information notices, obstructing authorised inspectors and impersonating inspectors.

Under clause 12, the SIA must prepare guidance about how it will exercise its functions, which must be submitted to the Secretary of State for approval. Approved guidance must then be published and kept subject to review, and revised accordingly as needed. The SIA must also provide advice about the requirements of the Bill, as well as reviewing the effectiveness of the requirements in reducing the risk of harm and the vulnerability of premises and events in scope.

The clause also requires the SIA to comply with requests from the Secretary of State and provide an annual report, which is to be laid before Parliament. The SIA is the appropriate body to undertake this role, due to its years of experience in increasing security standards and ensuring public protection. I hope that the Committee will support clause 12 and schedule 3.

I turn now to new clause 2, tabled by the shadow Minister, the right Member for Tonbridge. Establishing the SIA as the new regulator for this legislation, which is the first of its kind, will take at least 24 months. That is in line with the timeframes taken to establish new regulatory functions in existing bodies over recent years. I am sure he will agree that it would not be possible or fair to judge a new regulator’s performance before the regime has been established. Once the SIA has taken on its new role, it will take time before there is robust data against which to evaluate its performance.

The legislation already establishes several checks and balances on the performance of the SIA, as is standard with arm’s length bodies. They include the production of an annual report on performance, enabling the Secretary of State to issue directions to the SIA, and ensuring that the Secretary of State has the power to appoint board members and approve statutory guidance for publication.

Further to this, I have confidence that the SIA is the right home for the regulator because it already plays an important role in safeguarding the public through its statutory and non-statutory work. With a wealth of experience in inspecting and enforcing legislation, it better protects the public. With the addition of its new function, the SIA will be able to raise security standards for both people and places.

The Home Office will maintain appropriate levels of oversight and accountability to ensure that the regulator is delivered as intended. Once operational, the Secretary of State will closely monitor the performance of the regulator to ensure that it carries out its functions under the Bill effectively. For the reasons that I have set out, the Government do not support the amendment.

[Tom Tugendhat (Tonbridge) (Con)]

I tabled the new clause on the SIA for the simple reason that its reputation goes before it. Work that was done in the Department under a previous regime demonstrated that there were alternatives, which we felt would offer not only better value for money but greater ministerial oversight and better accountability to those who are forced to use its services. But clearly, with the Government’s majority, it is for the Minister to decide.

Question put and agreed to.

Clause 12 accordingly ordered to stand part of the Bill.

Schedule 3 agreed to.

Clause 13

Compliance notices

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clauses 14 to 16 stand part.

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[Dan Jarvis]

The clause prevents a person from bringing a claim in private law against a person responsible for qualifying premises or events for a breach of statutory duty where they have failed to comply with requirements in the Bill. The Government consider it appropriate that means of redress for non-compliance with the new regime should be limited to enforcement by the SIA.

The SIA will have a range of enforcement actions, which are underpinned by some criminal offences, as has already been debated. It is not considered necessary to allow persons to bring private claims for simple non-compliance, such as seeking compensation for the responsible person failing to put in place public protection procedures. However, the inclusion of the clause does not preclude or otherwise affect any right of action that a person may have independently of the bail.

Clause 31 accordingly ordered to stand part of the Bill.

Clause 32

Powers to amend this Part

[Tom Tugendhat]

I beg to move amendment 23, in clause 32, page 22, line 20, leave out from “for” to “in” in line 21 and insert

“enhanced duty premises to be standard duty premises.”

This amendment prevents standard duty premises from becoming enhanced duty premises at the discretion of the Secretary of State.

[Tom Tugendhat]

This is a simple repetition of the amendments we have made throughout the Bill to alleviate the burden on small businesses and ensure that the balance is appropriate.

[Dan Jarvis]

I again thank the right hon. Gentleman for tabling his amendment. He seeks to remove the provision in the clause that would allow the Secretary of State, via regulations, to make standard duty premises be treated as enhanced duty premises. It would have the effect of limiting the Secretary of State to only being able to provide that premises that would ordinarily be in the enhanced tier be treated as if standard duty premises. That is already the case in the Bill for certain premises, such as places of worship.

As I have explained, the nature and level of the threat from terrorism can evolve and change rapidly, with different behaviours, methods and tactics emerging. It is therefore important that the Government can respond quickly to protect the public if it becomes evident that there is a particular threat to certain types of premises and that the public protection measures in the enhanced tier should be in place there to reduce vulnerability and the risk of harm.

I again reassure the right hon. Gentleman and the Committee that regulations to make amendments to schedule 1 under this power would be subject to the affirmative procedure, requiring the express approval of both Houses of Parliament. For those reasons, the Government cannot support the amendment.

[Tom Tugendhat]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 32 ordered to stand part of the Bill.

Clause 33

Interpretation of this Part

Question proposed, That the clause stand part of the Bill.

[Dan Jarvis]

The clause is technical in nature, defining certain terms used throughout the Bill. For example, the clause provides that the meaning of “terrorism” in the Bill is the same as in the Terrorism Act 2000. The clause is necessary to provide the meaning of these terms for the purposes of the Bill.

Clause 33 accordingly ordered to stand part of the Bill.

Clause 34

Licensing: disclosure of plans of premises

Question proposed, That the clause stand part of the Bill.

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[Dan Jarvis]

Briefly, clauses 35 and 36 are general provisions required for the operation of the Bill. Clause 35 sets out the parliamentary procedure accompanying the regulations. Clause 36 details the territorial extent of the Bill: parts 1 and 3 of the Bill extend to England, Wales, Scotland and Northern Ireland; part 2 of the Bill does not extend to Northern Ireland, with part 1 of schedule 4 extending to England and Wales and part 2 of schedule 4 extending to Scotland.

Question put and agreed to.

Clause 35 accordingly ordered to stand part of the Bill.

Clause 36 ordered to stand part of the Bill.

Clause 37

Commencement

[Tom Tugendhat]

I beg to move amendment 18, in clause 37, page 25, line 5, after “force” insert “for enhanced duty premises and qualifying events requirements”.

See explanatory statement to NC1.

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[Tom Tugendhat]

I am afraid that amendment 18 is on the same point we have made throughout, which is about overburdening.

[Dan Jarvis]

Again, I thank the right hon. Gentleman for these amendments. While I completely understand the sentiment underpinning them, the Government do not support them. I would, however, like to assure the Committee that the Government are committed to learning the lessons from implementation, which is why a robust monitoring and evaluation plan to monitor the Bill’s effectiveness is in place. What is more, the Government have already committed to undertaking a thorough post-implementation review, which will assess whether the legislation is meeting its policy objectives, including analysing the costs and impacts on businesses and other premises in scope.

The Government have been clear that, following Royal Assent, we expect there to be an implementation period of at least 24 months, which will allow for the set-up of the regulator, while ensuring sufficient time for those responsible for premises and events in scope to understand their new obligations and to plan and prepare. Detailed guidance will be provided to assist those in scope to prepare for the requirements, as well as extensive communications and engagement with business and organisations.

Furthermore, as I have already set out, the Bill’s requirements in the standard tier are focused on straightforward procedures designed to increase preparedness and reduce the physical risk to the public from acts of terrorism. The procedures are intended to be simple and have no cost, other than staff time, to develop and implement, with no requirement to purchase or install any additional equipment beyond what they already have in place.

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[Dan Jarvis]

With your leave, Sir Edward, I will take this opportunity to thank you for chairing this Committee and to thank all Members on both sides of the House for their contributions, not just today but in proceedings on Tuesday. I will also take the opportunity to say a particular thank you to all those members of my Department who have worked incredibly hard to draw this legislation together, in conjunction with the staff of this House. Their efforts have been very much appreciated. I am grateful for the cross-party nature of what we have achieved as we have progressed the Bill through the House.

[Tom Tugendhat]

It would be churlish of me not to thank you, Sir Edward, for the speed and efficiency with which you have guided us through this. This is also an opportunity to put on the record my thanks to the Minister, who has been a friend for many years—nearly 20 years, actually. It is a wonderful symmetry that, on my last day on the Front Bench for my party, I am doing what I did when we first met, which is scrutinising him.