Terrorism (Protection of Premises) Bill

Baroness Fox of Buckley Excerpts

Committee stage
Wednesday 12th February 2025 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, I rise to speak in support of Amendment 37B, tabled by my noble friend Lord Murray of Blidworth. The amendment seeks to insert a new clause after Clause 31 to safeguard the right to protest, as protected under Schedule 1 to the Human Rights Act 1998. The amendment makes it clear that nothing in the Bill should be construed as infringing on the right to protest, provided that such protests are conducted peacefully and lawfully, do not incite violence and do not threaten public safety or disrupt essential services. Furthermore, it proposes that any action taken under the Bill that impacts the ability to protest or assemble should be subject to review to ensure that fundamental freedoms are not unduly restricted.

The right to protest is a cornerstone of any democratic society and one of the primary means through which individuals and groups can express their views, voice grievances and influence public discourse. Throughout history, peaceful protests have played a transformative role in shaping our society, strengthening democratic governance and securing fundamental rights and freedoms. From the suffragette movement, which fought for women’s right to vote, to more recent demonstrations calling for climate action and social justice, the ability to gather, express dissent and campaign for change has been essential to our democratic values. Indeed, the richness and resilience of British democracy have often been reinforced by the willingness of citizens to stand up and speak out when they see injustice or seek reform.

However, the context in which we now consider this amendment is one of heightened security concerns. The Terrorism (Protection of Premises) Bill rightly seeks to enhance public safety by imposing new security obligations on certain premises to protect against the ever-evolving threat of terrorism. As noble Lords will agree, this is a pressing and legitimate concern, and our duty to protect citizens from harm is paramount.

Yet, as we pursue this noble objective, we must be vigilant in ensuring that necessary security measures do not inadvertently erode the civil liberties that define us as a free and democratic society. The fight against terrorism must never become an excuse to undermine the very freedoms we seek to protect. Ensuring compatibility with human rights principles is not merely a legal obligation—it is a moral imperative.

This amendment provides much-needed clarity. It recognises that, although security is of the utmost importance, it must be balanced with the protection of democratic rights. The conditions it outlines are both reasonable and proportionate. They would ensure that protests remain peaceful, lawful and respectful of public order while preventing unnecessary or heavy-handed restrictions that could stifle legitimate dissent. The provision for review is particularly important. It would ensure accountability and create a safeguard against potential overreach by authorities. This is essential in preserving public trust, especially in the sensitive area of counterterrorism measures. If people perceive that security measures are being used to suppress dissent rather than to protect them, we risk undermining the very co-operation and solidarity needed to combat threats effectively.

Critics may argue that the amendment is unnecessary because existing legal frameworks already protect the right to protest. However, clarity within the legislation is crucial to avoid legal ambiguities or unintended consequences. By explicitly affirming the compatibility of this Bill with the right to protest, we would send a strong message that we value security and civil liberties equally and make it clear that security and freedom are not mutually exclusive but must coexist in a healthy democracy.

In practical terms, this amendment would also support public co-operation with counterterrorism efforts. When people see that their rights are respected and protected, they are more likely to trust and engage with security measures. Public trust is a critical component of effective counterterrorism strategies. A society that respects the right to peaceful assembly is one where people are more inclined to work with, rather than against, the authorities.

To be clear, this amendment would not weaken the Bill’s security provisions, or shield unlawful, violent or disruptive activities. Rather, it reinforces the principle that peaceful and lawful protest should not be treated as a threat to public safety or security. It provides assurance that this important legislation will not inadvertently target the exercise of democratic freedoms.

Moreover, we must consider the international dimension. The United Kingdom has long been regarded as a bastion of democracy and human rights. By enshrining protections for the right to protest in this Bill, we would reaffirm our commitment to those values on the global stage and demonstrate that it is possible to confront terrorism without compromising the fundamental freedoms that are the hallmark of a democratic society.

This amendment would strengthen the Bill by ensuring that it aligns with the fundamental principles of democracy and human rights. It would send a clear and important message that we can protect our citizens from terrorism without sacrificing the freedoms that define our society. Security measures that respect civil liberties are not only more just but more effective in fostering a cohesive and resilient society. I therefore urge the Government and noble Lords to support it. Let us demonstrate that we are committed to both safeguarding our citizens and upholding the principles that make this nation great. By doing so, we can ensure that our response to terrorism remains not only strong but principled, just and democratic.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, sometimes the world goes a bit topsy-turvy and mad. The noble Lord, Lord Davies of Gower, has given an inspiring rendition of the importance of the right to protest. I kept thinking that I was sure that I made many a speech like that—not as well or with such wonderful rhetoric—saying that the right to protest should never be compromised when that side was in government. There are times when you wonder what is going on. However, I concede that I have thought that there could be problems in this Bill around the right to protest, so I am glad that it has been raised.

The noble Lord, Lord Murray of Blidworth, made a very lawyerly speech. I did not understand all of it, but it is worth probing this. The other day, I talked about farmer protestors meeting in a barn and wondered whether this would apply, who would be the responsible person and so on. There is something in this. It is also what I had in mind when I supported the amendments about the Henry VIII powers, because there is no doubt that those powers give the Secretary of State the right to interpret public safety and security in such a way that our civil liberties could well be compromised in the name of public safety. In that sense, at least some reassurance from Minister would be very welcome.

--- Later in debate ---

[Lord Davies of Gower (Con)]

My Lords, I rise to speak to my Amendment 46 and in support of Amendment 47 tabled by my noble friend Lord Sandhurst. These amendments address two crucial concerns regarding the implementation and potential impact of the Terrorism (Protection of Premises) Bill: the effect on the night-time economy and the importance of proper consultation and guidance for businesses.

The first amendment, Amendment 46, would require the Secretary of State to lay a report before Parliament within 18 months of the Act’s passage reviewing its impact on the night-time economy, jobs and growth. Specifically, it would assess the effects on public houses, nightclubs, bars, restaurants, cinemas and other late-opening venues. The night-time economy is a vital part of our nation’s cultural and economic life. It provides employment for thousands of people, contributes billions of pounds to the economy and plays a central role in fostering vibrant communities. However, it is also an industry that has faced significant challenges in recent years, first with the disruption caused by the Covid-19 pandemic and now with rising operational costs and economic uncertainty.

While the security measures outlined in this Bill are essential to protect the public from the threat of terrorism, it is vital that we do not inadvertently place an unsustainable burden on businesses in the night-time economy. Venues that already operate on tight profit margins may struggle to absorb the costs associated with implementing new security requirements, such as enhanced surveillance, access control systems and staff training. By requiring a formal review of the Act’s impact on this sector, Amendment 46 would provide an essential mechanism for accountability and evidence-based policy-making. It would ensure that Parliament remains informed about any unintended consequences and allows for adjustments to be made if necessary. Crucially, this review would help strike the right balance between public safety and economic vitality.

The second amendment, Amendment 47, seeks to delay the commencement of Parts 1 and 2 until draft guidance has been issued to businesses and a proper consultation has taken place. This is a sensible and pragmatic approach that prioritises clarity and fairness for businesses. It is one thing to pass legislation, but it is another to implement it effectively and responsibly. For businesses, particularly small and medium-sized enterprises, sudden and unclear regulatory changes can be disruptive and costly. Without proper guidance, there is a real risk that businesses may struggle to understand their obligations under the Act, leading to confusion, non-compliance and potentially adverse outcomes for security and commerce.

By ensuring that draft guidance is published and consultations are conducted before the Act’s provisions come into force, Amendment 47 would promote a smoother and more co-operative transition. It would allow businesses to prepare adequately, understand the requirements and implement the necessary measures in a way that is both effective and economically viable. Moreover, consultation with businesses is essential to ensuring that the measures introduced are practical and proportionate. Those who operate public venues have valuable insights into the challenges and realities of implementing security measures, and their input can help shape more effective and workable solutions.

Amendments 48 and 49 are probing amendments on the timescale for implementation of the Act. We discussed implementation timescales briefly on the first day in Committee, and the Minister confirmed that the Government think that the Bill will take a two-year period to implement. I have tabled these amendments to understand better how that period will work. Can the Minister confirm which parts of the Bill are likely to be implemented before that two-year period has elapsed? Can he give us an indication of whether the Government are firmly committed to implementing the Bill in full by the end of the two years? We feel very strongly that it would be helpful for organisations and events that would be affected by the Bill’s measures to have as much information as possible as soon as possible. Can the Government confirm how they will keep those organisations and events updated on progress so that they can plan appropriately?

In conclusion, these amendments do not seek to weaken the Bill or undermine its vital security objectives. On the contrary, they would strengthen it by ensuring that its implementation is thoughtful, measured and responsive to the needs of businesses and communities. Amendment 46 would provide a mechanism for accountability and assessment, ensuring that the impact on the night-time economy is carefully monitored. Amendment 47 would prioritise proper consultation and guidance, fostering co-operation and compliance among businesses. I urge the Government and noble Lords to support these amendments as a means of enhancing the effectiveness and fairness of this important legislation. Together, they represent a balanced and pragmatic approach that upholds public safety and economic resilience. I beg to move.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I wholeheartedly support Amendment 46 in the names of the noble Lords, Lord Davies of Gower and Lord Sandhurst, and I look forward to hearing the noble Lord, Lord Sandhurst. I wanted to put my name on this group, but I missed the deadline. I think it is a crucial group and I hope that the Government will be very positive about it, because the night-time economy is very worried that its venues are going to be badly affected by this, and I think it would be very constructive for the Government to adopt this amendment as some kind of reassurance.

I was inspired, indirectly at least, to get involved in supporting Amendment 46 by the Prime Minister. Yesterday, on the front page of the Daily Mirror, Keir Starmer was saying that he backed the fight to save the great British pub:

“there's nothing any of us like better than going to the local for a pint, myself included”.

He said:

“They are the places where friends, family, community come together around something which is very British – the pub. It’s a place of warmth, of opportunity, to have a nice time with friends, family and for people to have the friendship and engagement that is so important to their wellbeing”.


The Prime Minister was supporting a campaign to save pubs precisely because pubs are struggling. Data from the Valuation Office Agency in December showed that the number of pubs in England and Wales fell by 402 last year. That was a net figure that took into account new pubs opening but did not include premises standing empty that are still classified as pubs. As pub numbers have plunged by more than 2,000 since the start of 2020, and with industry experts such as AlixPartners warning that 3,000 more pubs, bars, restaurants and clubs are at risk of closing in 2025, I want the Government to note that this Bill represents another burden and that we should at least keep our eye on, monitor and be accountable about whether unintended consequences will damage the sector.

Publicans and experts blame a cocktail of supply and staffing costs, rising energy bills, and those controversial, crippling national insurance contributions, but stakeholders raise all the time regulatory demands and the costs in terms of licensing. There is a certain dread of what this legislation will mean, especially because pubs are trying to make more of themselves as venues—for example, for quiz nights and community choirs. In Neil Davenport’s “Letter on Liberty”, Pubs: Defending the Free House, there is a discussion about a mini boom post-lockdown of pubs as new live-music venues. That thrill of face-to-face live events and the public square as a place of freedom is lucrative as well, so we need to be careful that this Bill does not unintentionally end up killing that off.