Terrorism (Protection of Premises) Bill

Debate between Lord Sandhurst and Lord Hanson of Flint

Committee stage
Wednesday 12th February 2025 Lords Chamber

[Lord Sandhurst (Con)]

I speak to Amendments 46 to 49. I adopt everything that my noble friend Lord Davies has already said, so I can be short.

Amendment 46, which is a probing amendment, is very simple. We all know we cannot let the terrorist indulge in preventable acts of terror. I emphasise “preventable”. Equally, we cannot allow the threat of terror to close down society and normal life as we now understand it to be. Also, it must be plain that once the Act has been enforced for 18 months, people will have a better idea of what may and may not work, so a review at that stage will be helpful to everyone. It is a shakedown period and it will cut both ways.

As to Amendment 47 and the six-month delay of commencement, that is simply to impose a minimum period—it can be longer if appropriate—before regulations and other actions can be taken by requiring draft guidance to have been issued and consulted on first. This will simply ensure that businesses and other bodies are properly consulted before guidance is finalised. It will ensure that the consultation on the guidance has preceded the laying of regulations. We are moving into new territory. A wide range of powers is being exercised over disparate bodies and a wide range of organisations in respect of matters which have not previously been subject to such detailed supervision. It is obviously right that those affected should be consulted. That will apply to the potential enforcers—the SIA and local authorities—as well as to those on the receiving end who are running the establishments and organisations where these regulations will apply.

Finally, Amendments 48 and 49 are simply probing amendments on the timescale. We have heard that it may take two years to come into force. We tabled these amendments, as my noble friend has said, to test how that period will work.

[Lord Hanson of Flint (Lab)]

I am grateful to noble Lords for tabling the amendments today. I hope I can respond to them in a positive and reassuring manner.

First, I will look at Amendment 46 in the names of the noble Lords, Lord Davies of Gower and Lord Sandhurst. All through this debate, at Second Reading, in Committee, and in discussions that we have had outside of this Chamber, we have been keen to reassure noble Lords that we are trying to strike the right balance between public protection and burdens on premises and events. In fact, I prefer the word “standards” to “burdens”; a burden is something that is difficult. What we are trying to put in place is a number of basic standards which it is important for businesses and organisations to meet.

I have said throughout consideration of the Bill in Committee and at Second Reading that, following Royal Assent, we expect that there will be a period of at least 24 months to give us the time to ensure that those responsible for premises and the events in scope understand the new obligations, that they have time to plan and prepare, and—to go back to previous discussions —any training required of volunteers or staff is undertaken.

The proposed timetable in Amendment 46 of 18 months would, with respect, be before any detailed action has been taken under the provisions of the Act. It would assess the preparations generally, as opposed to the actual impact and implementation downstream. Ministers, including myself and my right honourable friend Dan Jarvis will keep legislation under review, including its effectiveness, impact and implementation. Should unintended consequences be identified, the Bill provides powers, which have been subject to debate, to adjust the regime as appropriate. I hope the noble Lord will reflect on Amendment 46 and, when the time comes, withdraw the amendment.

On Amendment 47 in the name of the noble Lord, Lord Sandhurst, there will be a 24-month implementation period before the Act is commenced. The Government intend to issue guidance under Clause 27, published before commencement. The amendment in the name of the noble Lord seeks to put some timeframes on that. I think it is best to leave that to judgment, both in the guidance and in the consultation on that guidance with key partners.

Again, the 24-month period covers Amendments 48 and 49, in the names of the noble Lords, Lord Davies and Lord Sandhurst. The implementation period will allow those in scope to prepare for and comply with the new obligations. It is important that the SIA, particularly, is operating as soon as is practical. The Government must be certain that it is ready for its new role. We anticipate that this will take at least 24 months—it might take slightly longer—in the light of previous timeframes for other regulators introduced under previous legislation.

I do not anticipate any delays in commencement, but I want to keep the flexibility and appropriate ability for the Government to pick an appropriate commencement date when the Government assess that the SIA has fulfilled its duties, as we anticipate them under the Act, and that the organisations impacted by the Act at that stage are fully prepared and cognisant and are able to implement. Again, I gently suggest to the noble Lord that it would not be sensible for the Secretary of State to be driven by a tied provision in the Act, as opposed to the judgment that, as I have said to the Committee, will look in due course at whether or not we put those provisions in place.

Generally, in relation to Amendments 48 and 49, the 24-month period is what I would hope to be a realistic time to establish the set-up of the regulator and for those in scope of the Bill to prepare. If the Bill achieves Royal Assent, which I hope it will, the noble Lord, this House, the House of Commons and the court of public opinion—that is, the people in businesses and pubs and others who will be impacted by this legislation—have the opportunity to feed into both the Government for their guidance and the SIA for its guidance, as well as into the debate generally about implementation, about how they think the Act is going and what measures are being put in place. A formal consultation or review, as outlined and supported by the noble Baroness, Lady Fox of Buckley, would inhibit that process and set formal timescales that would not be helpful. This House remains the first port of call for any concern or points that noble Lords may want to raise about the implementation downstream. I hope that reassurance means that the noble Lord will withdraw his amendment.

Terrorism (Protection of Premises) Bill

Debate between Lord Sandhurst and Lord Hanson of Flint

Committee stage
Monday 10th February 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

I am in danger of straying into a future set of amendments, or indeed a general Second Reading debate on the Security Industry Authority. I say to the noble Lord that the SIA currently has a very good record of processing licensing applications—93% within 25 days—and has an 86% satisfaction rating by individuals in terms of their interaction with the authority. Ministers are going to be accountable for the performance in the event of this Bill becoming an Act. We have said, particularly my honourable friend Dan Jarvis, the Security Minister in the House of Commons, that there will be key ministerial engagement with the SIA in helping to develop and shape that plan over the two-year period between the Bill potentially receiving Royal Assent, and its implementation by the SIA and this scheme becoming live.

We may have that Second Reading debate in later groups of amendments. I hope I will be able to reassure the noble Lord then that Ministers have taken decisions to put the SIA in the prime spot of the regulator. Ministers want that to succeed, and they will be making sure that the plans are put in place to make sure that it succeeds, because this legislation is meaningless without the regulation, delivery, oversight, guidance and training that we believe the SIA can put into place. We will revisit that downstream.

I am grateful to the noble and learned Lord, Lord Hope, for his contribution; I think he stole some of the lines that I was going to use. He made the very clear point that the tribunal has a responsibility for setting its timescales and its deadlines, and that it is not for ministerial direction to do that. The tribunal system is well established, with statutory rules and experienced judges and officials who understand the need to make timely decisions in a variety of contexts. It is these rules and processes that should determine how that tribunal operates: with appropriate parliamentary and ministerial oversight—certainly—through amendments to legislation relating to courts and tribunals.

I note the potentially positive objectives of the noble Lord, Lord Sandhurst. He wants to see a definitive timescale set, but if we included that provision in the Bill, it would set an unhelpful precedent and cut across the roles of the Tribunal Procedure Committee and the tribunal procedure rules. I do not anticipate a large number of cases coming before a tribunal anyway, because I hope that—again, as with most of the issues in the proposed legislation—we can resolve these matters well downstream. In the event of an issue coming to a tribunal, it is right and proper—and I am grateful that the noble and learned Lord, Lord Hope, mentioned this—that the tribunal itself is able to operate effectively, with its own well-established framework to deliver its own fair decision, and not be hampered by timescales set by legislation which may not anticipate what will happen two, three, four or five years down the line. Therefore, I will take support where I can get it and thank the noble Lord for his contribution.

The tribunal has an overarching duty to deal with cases fairly and justly. If an arbitrary time limit is imposed, the proposal by the noble Lord, Lord Sandhurst, may undermine that existing duty.

I hope that, in my response, I have given some comfort to the noble Baroness, Lady Hamwee, and that I have explained to the noble Lord, Lord Sandhurst, why I wish them both not to press their amendments.

[Lord Sandhurst (Con)]

My Lords, I can see force in what the Minister has said, so I will not press my amendment.

Terrorism (Protection of Premises) Bill

Debate between Lord Sandhurst and Lord Hanson of Flint

Committee stage
Monday 3rd February 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

Without straying into other parts of the Bill, I would hope that people and premises that fall within scope of the Bill, be it a 200 or an 800 threshold, would have clarity over their responsibility areas. If they look at Clause 5, “Public protection procedures”, they will know exactly what is required of them for those public protection matters that fall within the scope of the Bill. So, whether it is “from time to time” as in one day a year or as in every week or every month, if we are more prescriptive, as would be the case under the amendment of the noble Lord, Lord Sandhurst, we would take out a number of premises that—even if it was only one day a year, as the noble Lord, Lord De Mauley, mentioned—would still meet the criteria of the scope of the Bill. My judgment is that the measures in Clause 5 are important but not onerous. They are about training, support and examination of a number of areas. Therefore, if from time to time, one day a year, a premise falls within scope to meet the objectives, the responsible person needs to examine the premise and look at the measures needed in place. That is the reason.

I say that not because I want to impose burdens on a range of bodies but because the terrorist threat is substantial. While the terrorist incidents have occurred in large cities, there is no likelihood that they may not occur in other parts of the country. Therefore, those measures are required within the scope of the Bill. From my perspective as the Minister responsible for taking the Bill through this House, it is important that they are required on a “from time to time” basis, not on a very prescriptive monthly basis. That is why I urge the noble Lord not to press his amendments.

[Lord Sandhurst (Con)]

In the case of an enhanced premises, where there is an event of 1,000 people once a year but for the rest of the year there are never more 200 or 300 people going through, does that bring it into that category? You are normally just “qualifying” premises and so must have the facilities and systems in place to deal with a terrorism event if, heaven forbid, such happens, but if, now and again, you get to 800 people, does it mean that you have to search everyone coming and going throughout the year or is it only when there is the event? That is where I have concerns.

Non-crime Hate Incidents

Debate between Lord Sandhurst and Lord Hanson of Flint

Tuesday 19th November 2024 Lords Chamber

[Lord Hanson of Flint (Lab)]

The collection of non-crime hate incident information is important because it helps to get a picture of potential wider crime in due course. But make no mistake: this Government’s priority is securing the streets, protecting the public and improving neighbourhood policing. The noble Lord will know that we are very clear that we support action on rape and sexual offences, and we are going to support action on burglary and put in place neighbourhood policing. Even today, the Home Secretary has announced half a billion pounds of extra support for policing, over and above what will be announced in December’s final settlement, to secure neighbourhood policing and tackle the very issues the noble Lord mentioned.

[Lord Sandhurst (Con)]

My Lords, last year, I spoke in the debate on the new code of practice and urged the then Conservative Minister to require that each police force, among other things, report to the Minister on how many new incidents of non-crime hate speech had been recorded in the previous 12 months, and every year thereafter. Can the Minister tell us—and if not, write to me—whether this is happening, and if it is not, will he undertake to put such a requirement in place?

[Lord Hanson of Flint (Lab)]

The Home Secretary has today announced potential reforms to the monitoring of police performance and what they need to monitor. If the noble Lord looks at what the Home Secretary said, he will see that there will be an ongoing process of monitoring police performance, and as part of that, the recording of non-crime hate incidents will undoubtedly be a key issue.

Probation Services: Prisoner Early Release Scheme

Debate between Lord Sandhurst and Lord Hanson of Flint

Thursday 14th November 2024 Lords Chamber

[Lord Hanson of Flint (Lab)]

The noble Lord should know that the 1,000 are going to be in place by March 2025, and he can hold the Government to account on that figure. We are recruiting now; it is currently 14 November 2024, and, from memory, by March 2025 the 1,000 will be in place. We have improved support for probation staff and increased the pay level from 1 October to 1 April this year, to recognise and, I hope, retain people who are in post.

[Lord Sandhurst (Con)]

My Lords, the Chief Probation Officer said in September that they expected up to one-third of early release prisoners to reoffend. What steps have the Government taken to ensure that victims of early release violent offenders are first informed and then supported?

[Lord Hanson of Flint (Lab)]

The initial assessment by officials of the early release scheme has indicated that there has not been a significant change to the number of recalls that have taken place—although that is always potentially an issue with anyone, at any time, who leaves prison with the remainder of their sentence in place. Victim liaison is extremely important. I assure the noble Lord that, in the event of breaches taking place, recalls happen quickly and individuals are recalled to prison as a matter of emergency.

[Lord Sandhurst (Con)]

But—