Terrorism (Protection of Premises) Bill

Debate between Lord Frost and Lord Hanson of Flint
Lord Hanson of Flint Portrait The Minister of State, Home Office (Lord Hanson of Flint) (Lab)
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As the song used to say, “It Should Have Been Me”, but there we go.

The key starting point in this debate is the relationship between the SIA, its responsibilities, the Home Office and the people it serves. Quite self-evidently, Ministers decide and have responsibilities under Clause 12 to ensure that the SIA produces an annual report on its performance. It enables the Secretary of State to issue directions to the SIA on what it should be doing if it is not doing what it should be doing, ensures that the Secretary of State has the power to appoint board members, including the chair, and requires the Secretary of State’s approval for the SIA’s operational guidance that will be issued in due course. Ministers will be accountable to this House and the House of Commons for the performance of the SIA. If there is to be an advisory board in place, I suggest that the House of Commons and this noble House suit that purpose down to the ground; they will hold Ministers to account for the performance of the SIA.

In the first instance, I am surprised. Obviously the concept of the Department of Government Efficiency, or DOGE, has not yet floated across the channel to the noble Lord, Lord Frost, or the Opposition Front Bench, because this set of amendments creates another set of bureaucracy to oversee the SIA and an interface between it and Home Office Ministers. It adds bureaucracy and cost, but not a great deal of value. In doing so, it also confuses the relationship between the Home Office’s direct responsibility to this House and Parliament and the responsibilities of the Security Industry Authority.

Lord Frost Portrait Lord Frost (Con)
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Does the Minister accept that the major expansion of bureaucracy in the Bill comes from the regulatory requirement of so many small premises in the first place? That is the expansion of government activity under the Bill and I feel—I cannot speak for others—very sceptical about it. Does he agree that it is a bit rich, having been willing to preside over this huge expansion of activity, to criticise those of us who want to see it properly monitored to do its job efficiently?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The noble Lord calls it bureaucracy; I call it life-saving measures. The Bill is about putting in place life-saving measures to ensure that, in the event of a terrorist attack, individuals know what to do. That might save lives downstream. That is a type of bureaucracy that I am quite happy to accept. There are many burdens and bureaucracies in life, such as health and safety legislation, mine legislation and road safety legislation. There is a whole range of burdens that are there to save lives and this is the same process.

Terrorism (Protection of Premises) Bill

Debate between Lord Frost and Lord Hanson of Flint
Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The measures that we have accepted are part of the consultation that we have undertaken. The noble Lord was a Minister standing at this Dispatch Box in this department during the genesis of this Bill, so he will know that there has been wide consultation on these matters. Again, I point him to Clause 5 on public protection measures. Clause 5(3) refers to

“evacuating individuals from the premises … moving individuals to a place on the premises … preventing individuals entering or leaving the premises … providing information to individuals on the premises or at the event”.

Are those onerous issues? Or are they things that, even in our own assessment, are relatively low cost in terms of training? That relatively low cost is, essentially, in person hours when determining what those requirements are.

Again, we could fix a number. If I fixed the number at 300, 400 or 500, we would take even more premises out, but that would dilute the purpose of this legislation, which is to set good practice for the prevention of an attack when an attack is occurring and the steps that can be taken to save lives. People’s experiences—not mine, but those in the consultations of the public inquiry—mean that the 200 figure we have now settled on is the right one. I commend that figure to the House and hope that noble Lords will support it in due course when it comes to the final decision by this House before Third Reading.

Lord Frost Portrait Lord Frost (Con)
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I thank everyone who contributed to this section of Committee. I thank the Minister for his thoughtful comments. I appreciate that there is a degree of arbitrariness in this number, but, equally, it is our task to try to make it as non-arbitrary as possible and make sure that the number we eventually choose is as well grounded in reality as it possibly can be.

Perhaps I might be permitted just one remark before sitting down. I say that because there is pressure for risk aversion, and we have heard some of that in your Lordships’ House today. It is important to be careful what we are doing here. We need to keep in mind what the threshold number means. If we set it at 200, for example, we are not saying that we are prepared to tolerate the risk of 199 people being killed in a terrorist attack. That is not what the threshold is about. The risk that we want to tolerate of that is the number zero.

What we are saying is that there is a trade-off. The costs to businesses and society of complying with these measures are justifiable above a certain number when we take the broader risk of terrorism into account. As the Minister said, the risk of a terrorist attack is unlikely in any individual case. We have to be able to debate this number prudentially while understanding exactly what the threshold means. We have debated it and I suspect we will so again. Meanwhile, I beg leave to withdraw the amendment.