Terrorism (Protection of Premises) Bill

Debate between Lord Cameron of Lochiel and Lord Harris of Haringey

Committee stage
Wednesday 5th February 2025 Lords Chamber

[Lord Cameron of Lochiel (Con)]

My Lords, I will speak in support of my noble friend Lord Davies of Gower’s amendments in this group, specifically Amendments 21A and 23A, and I hope to do so very briefly. It strikes me that Amendment 21A is a crucial brake, as it were, on the power of the Executive. It introduces a test of reasonable proportionality to the creation by the Secretary of State of further procedures by regulation.

I know that there are some later amendments by the noble Lord, Lord Anderson of Ipswich, and others on the totality of the Henry VIII clauses in this clause and ensuing clauses. But, in the event that these specific provisions, namely subsections (4) and (5), remain in the Bill, Amendment 21A represents a crucial limit on the powers of the Government. In the age-old phrasing relating to proportionality, it is important not to use a sledgehammer to crack a nut. Insisting that “further procedures” meet an additional test of being reasonably proportionate imposes on the Secretary of State a duty to consider the question of proportionality in a measured and proper way.

Finally, Amendment 23A, as others have said, would provide an express and definitive timeframe for ensuring documentary compliance. The legislation would thus avoid uncertainty and vagueness by creating a specific time period. That strikes me as being in the interests of the person responsible for the enhanced duty premises or qualifying event and in the interests of the SIA. In short, everyone would know where they stand, and I suggest that that kind of awareness is to be commended. I look forward to hearing the Government’s clarification of all the points made.

[Lord Harris of Haringey (Lab)]

My Lords, I listened carefully to the speeches which have been made. The noble Lord, Lord Cameron of Lochiel, talked about sledgehammers cracking nuts; I slightly wonder whether that is what the amendments in this group would have the effect of doing. It is clear that for the qualifying premises—let us separate out the enhanced duty ones for a moment—what is being talked about is taking reasonably practical measures, as the noble Baroness, Lady Hamwee, said, and that there should be appropriate public protection.

When I listened to the noble Lord, Lord De Mauley, I thought that it sounded as if, as an event organiser, he is already exemplary because he has thought about these things. I am sure that he has briefed the volunteers and the people around him about this. I slightly wonder why people have got so worked up about what the consequences and implications of all of this are.

If people want to know why there is this question of whether you invacuate or evacuate—whether you lock the doors or whatever—I am very taken by the accounts I heard of the Borough Market incidents. There were decisions which had to be made instantly as to whether to shut and barricade the doors or bring people in from outside. That assessment is going to be made on the spot, in an instant, but it is much better if the event organisers or the premises organisers have spent a bit of time thinking about it in advance, as clearly the noble Lord, Lord De Mauley, has done, briefing each other and considering the various “What ifs?”. There is no right or wrong answer in those cases; you have to make the best assessment, but you will always make a better one if you have thought about it in advance, worked out what the choices are and what drives them.

My other point is about Amendment 22 and the waiving of public protection procedures. This sounds like the sledgehammer to crack a nut, as referred to by the noble Lord, Lord Cameron. A bureaucratic process will be set up whereby an events organiser or a premises organiser will make an application for a waiver to a public body, no doubt filling in lots of forms. Frankly, would it not be quicker just to do what the Bill asks: to make appropriate, reasonable arrangements? That is surely what is there and, if they are appropriate and reasonable, then the organisers will not have problems as a result of this Bill.