Terrorism (Protection of Premises) Bill

Debate between Lord Davies of Gower and Lord Harris of Haringey

Committee stage
Monday 10th February 2025 Lords Chamber

[Lord Harris of Haringey (Lab)]

My Lords, the noble Lord, Lord Anderson, has put forward an important group of amendments. When I think about this, I am guided by two principles. The first is that anything the noble Lord, Lord Anderson, says about terrorism is probably worth listening to extremely carefully.

Secondly, I strive to be consistent in your Lordships’ House. I appreciate that that is not something that all noble Lords, particularly some who were recently in government, have necessarily embraced, but I cannot forget the number of occasions in the last 14 years when I have trooped through the Lobbies against Henry VIII clauses—for all the reasons that the noble Lord, Lord Anderson, highlighted. I look forward to my noble friend’s response on precisely that point of why Henry VIII clauses might be needed in this case. If he is not so minded, perhaps he might give us an indication of the alternative.

The other point—again, I hope it is consistent with what I have already said—is that I am aware that the Bill has been through a large amount of consultation in reaching this House. That consultation has led to a series of compromises. I said earlier that my preference would have been for the limits to be set at lower levels and for the provisions to kick in at venues of 100. It is the Government’s judgment, from listening to that consultation, that 200 is a better figure to go for. I would be uneasy if we were saying that these major provisions, having been through such extensive consultations, could be changed without a consultation process and certainly without a proper process of parliamentary endorsement.

[Lord Davies of Gower (Con)]

My Lords, I speak in support of Amendments 21 and 23 tabled by the noble Lord, Lord Anderson of Ipswich. These amendments propose the removal of Clauses 5(4) to 5(6) and 6(4) to 6(6), which currently contain Henry VIII provisions granting Ministers the power to amend by regulation primary legislation relating to public protection procedures, including the ability to make them more onerous.

These are important amendments and I support them for several key reasons. First, they uphold parliamentary sovereignty and democratic accountability. The inclusion of Henry VIII clauses in the Bill would, in effect, bypass the scrutiny of Parliament by allowing Ministers to unilaterally change key aspects of public protection procedures. Such powers should be granted in only the most exceptional circumstances, where there is a clear and pressing need for flexibility.

In this case, however, the procedures in Clauses 5(3) and 6(3) have already been carefully considered and subject to full scrutiny, and will be endorsed by Parliament upon the Bill’s passage. It is therefore difficult to justify granting Ministers the ability to unpick these provisions without returning to Parliament for proper debate and approval.

Secondly, granting such sweeping powers undermines legal certainty. The security landscape is undoubtedly complex and may evolve over time, but that is precisely why legislation must provide a stable and predictable framework. If Ministers can alter public protection procedures by regulation, it will create uncertainty for the businesses, public authorities and other stakeholders that will implement these security measures. This uncertainty could hinder the very objective that the Bill seeks to achieve in enhancing public protection.

Furthermore, the inclusion of Henry VIII clauses risks undermining public trust. Effective public protection measures require the co-operation and confidence of the public and stakeholders alike. If these measures can be altered without consultation or parliamentary oversight through the proper primary legislation process, it may lead to perceptions of arbitrary governance and erode confidence in the fairness and transparency of security regulations.

I am not blind to the Government’s need for flexibility in responding to emerging security threats. However, existing mechanisms allow for swift and proportionate responses without the need for unchecked ministerial power. Maintaining proper parliamentary scrutiny is essential to preserving the legitimacy of any regulatory framework. The amendment strikes a necessary balance between security and democratic accountability. It ensures that any future changes to public protection procedures remain, as they should, subject to the robust oversight of Parliament. I urge the Government to accept this amendment and demonstrate their commitment to parliamentary sovereignty, legal certainty and public trust.

I will now speak to the important amendments to Clause 32 tabled by the noble Lord, Lord Anderson of Ipswich. They address the regulatory powers granted to the Secretary of State regarding the thresholds for qualifying premises and events under the Bill. Amendment 38 seeks to require that any reduction in the thresholds for qualifying premises and events be justified by a change in the threat level from terrorism. While I appreciate and respect the intention behind this amendment, I must approach it with some caution. The need to ensure that security regulations are proportionate to the prevailing threat level is, of course, essential. However, linking regulatory changes exclusively to a shift in the formal threat assessment may create unnecessary rigidity.

Security risks are often multifaceted and not always captured by changes in official threat levels. Local intelligence, emerging patterns of behaviour or other factors may necessitate adjustments to security requirements even when the formal threat level remains static. For this reason, although I appreciate the noble Lord’s desire for transparency and justification, I am somewhat hesitant to fully support his amendment. None the less, I commend the focus it places on ensuring that regulatory changes are evidence based and justified.

I am more supportive of his approach in Amendment 39, which would require the Secretary of State to consult relevant stakeholders before making regulations under this section. This is a measured and sensible proposal that aligns with the principles of good governance. The wording, adapted from the Fire Safety Act 2021, provides a strong precedent for such consultation requirements.

Consultation is essential not only for ensuring that regulatory changes are practical and effective but for fostering buy-in from those directly affected by these measures. Venues, event organisers, local authorities and security experts are on the front lines of implementing public protection measures. Their insights and experiences are invaluable in shaping regulations that are both proportionate and workable. Moreover, consultation promotes transparency and accountability, helping to build public trust in the regulatory framework. In a democracy, it is only right that those affected by significant changes to security requirements have the opportunity to contribute their views and understand the rationale behind decisions.

In conclusion, while I take a cautious approach to Amendment 38, Amendment 39 takes a better approach. I urge the Government to look at this proposal as a possible safeguard for ensuring that regulations are both effective and democratically accountable.

Public Bus Collisions

Debate between Lord Davies of Gower and Lord Harris of Haringey

Monday 13th May 2024 Lords Chamber

[Lord Harris of Haringey (Lab)]

My Lords, the Minister says that it is a matter of the police enforcing them. Will he tell us how exactly they are expected to do that, given their current level of resourcing and that there is no system of licensing or, indeed, of identifying cyclists, who may simply cycle away having committed the offences to which he refers?

[Lord Davies of Gower (Con)]

The noble Lord asks how the police are supposed to do it. It is a matter of being out there and patrolling. I did it myself for 32 years, and I managed to nab a few cyclists.