Terrorism (Protection of Premises) Bill

Dan Jarvis Excerpts

Report stage
Monday 9th December 2024 Commons Chamber

For those reasons, I support new clause 1 and the amendments that relate to the powers of the Secretary of State. I know that it is always difficult for Government Members to vote against their own party, but they should not forget that the Bill will affect activities, premises, organisations and businesses in every one of our constituencies. For that reason, we ought to be very careful about what we vote through tonight.

[The Minister for Security (Dan Jarvis)]

I pay tribute to Figen Murray and her campaign team. That she has somehow been able to channel personal grief into a fierce determination to change the law is beyond inspiring. We should be clear that we would not be here tonight without her campaigning efforts. The whole House owes her a debt of gratitude.

I thank all right hon. and hon. Members who have spoken today. As ever, I will endeavour to respond to the points that have been raised. I am particularly grateful for the constructive approach that has been taken to considering the Bill, today and at previous stages. I place on the record my thanks to the Opposition for the constructive way in which they have approached the Bill throughout its passage. It is time that this cross-party commitment to improving the safety and security of venues is delivered without further delay, and I am proud that we are moving one step closer tonight.

As hon. Members have heard during the passage of the Bill, the threat picture is complex, evolving and enduring. Since 2017, agencies and law enforcement have disrupted 43 late-stage plots, and there have been 15 domestic terror attacks. In October, we heard from the director general of MI5 that the country is subject to the most interconnected threat environment that we have ever seen. Sadly, terrorists can seek to target a variety of locations. The examples of terrorist attacks that have been raised during the passage of the Bill are a sombre reminder of that. I pay tribute again to all victims and survivors of past attacks, as well as their loved ones, and all those affected. I reiterate the Government’s commitment to supporting anyone affected by a terrorist attack.

[Luke Myer (Middlesbrough South and East Cleveland) (Lab)]

I congratulate the Minister and, indeed, the Opposition on the Bill. Of course, all hon. Members hope that future attacks will be prevented by the Bill, but, as has been mentioned, it is also about planning to ensure increased survivability for those impacted by an attack. With that comes the need to ensure that the support we provide to victims is fit for purpose. What efforts will the Minister make to improve support for victims of terrorism?

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[Dan Jarvis]

My hon. Friend raises an important point. One of the most humbling parts of this job is meeting those who have been the victims of terrorism and their families. I think of people like Figen Murray, Brendan Cox, Travis Frain, Dr Cath Hill—all people I have spoken to recently. We are working across Government to progress this important work, and I intend to meet victims and survivors in the new year to hear more about their experiences and say more about what we will do as a Government to support them.

The Bill will improve protective security and organisational preparedness across the UK, making us safer. We heard about the excellent work that many businesses and organisations already do to improve their security and preparedness. However, without a legislative requirement, there is no consistency. The Bill seeks to address that gap and complement the outstanding work that the police, the security services and other partners continue to do to combat the terror threat. As a result, qualifying premises and events should be better prepared to respond and to reduce harm in the event of a terrorist attack. Additionally, certain larger premises and events will have to take steps to reduce their vulnerability to terrorist attacks.

The public have a right to feel safe, and that is what this legislation seeks to deliver. I am grateful for the considered way in which the hon. Member for Stockton West (Matt Vickers) approached the debate. It is clear that the focus of the Opposition’s amendments and concerns is on, among other things, the impact on business and smaller organisations. I assure him that that has been a central consideration for the Government, informed by extensive engagement, as well as pre-legislative scrutiny by the Home Affairs Committee and two public consultations under the previous Government. As a result, the version of the Bill that this Government have brought forward includes important changes to ensure that we can achieve public protection outcomes and that there are no undue burdens on businesses and other organisations.

The Government have, of course, raised the standard tier threshold from 100 to 200, which creates a more appropriate scope. We have also added a reasonably practicable standard of requirements for the procedures required under both tiers. That concept is in line with other regulatory regimes, such as health and safety, and is designed to allow procedures and measures to be tailored to the specific circumstances of a premises or event.

[Sir John Hayes]

Mindful of what the Minister said about consulting and acting in accordance with the consultation, and of what I said earlier about the changing character of the threat, I ask him to commit from the Dispatch Box to considering, as the legislation begins to have effect, changing the guidance and improving regulation where necessary, sensitive to those circumstances.

[Dan Jarvis]

If the right hon. Gentleman bears with me for a moment, I intend to say more on the matter, but I assure him that if he is not satisfied, I will give way to him again.

We have introduced a fairer basis for calculating whether a premises or event is in scope. Replacing capacity with the “reasonable expectation” of the number of people who may be present will reflect the actual usage of premises or attendance at events. I am confident that this version of the Bill strikes precisely the right balance.

I turn to amendments 25 and 26 tabled by the hon. Member for Stockton West for the Opposition. Clause 32 will allow the Secretary of State to increase or decrease the qualifying threshold for either tier. We anticipate that the thresholds would be reduced to either floor only in very limited circumstances, such as if the nature of the threat from terrorism were to change significantly. That will enable the regime to maintain an appropriate balance between being able to protect the public and managing the burden on those responsible for premises and events. The amendments proposed would remove that ability.

Furthermore, the power is narrowly drafted, and regulations made under it will be subject to the affirmative procedure. In requiring the approval of both Houses before they are made, parliamentarians will be able to scrutinise any proposed changes. The Government therefore do not support the amendments.

I thank the hon. Member for amendment 27. I thought he made his points in a reasonable way, as he often does. While I understand the sentiment, the Government do not support the amendment, but let me explain why. It is intended that the Security Industry Authority will rely on advice and guidance in the first instance. However, a credible enforcement regime with suitable monetary penalties is necessary to ensure that the regulator can secure compliance, particularly where the regulator identifies serious or persistent non-compliance.

The maximum daily penalty amounts are set at a level to counter financial gain from non-compliance, recognising the breadth of organisations in scope as well as the potentially more serious consequences at larger venues. It is important that the Secretary of State has the power, by regulation, to change those maximum amounts, including to increase them if necessary—for example, if the amounts were to prove ineffective in ensuring compliance, or the figures needed updating to reflect changes in economic circumstances in the longer term.

Critically, when determining penalty amounts, the Bill requires the SIA to take into account a range of factors, including the seriousness of the contravention, any action taken to remedy or mitigate its effects, and an organisation’s ability to pay. That will ensure the penalties are effective but proportionate. I reassure Members that changes will be subject to the affirmative procedure, unless they are simply to reflect inflation.

The hon. Member raised concerns over the role of the SIA as the regulator, which I believe is the motivation for tabling new clause 1. There are several reasons why the Government do not support the new clause. The Government are confident that the SIA is the right delivery option for the Martyn’s law regulator, owing to its years of experience in increasing security standards and ensuring public protection. It already plays an important role in safeguarding the public through its work regulating the private security industry. The SIA has long-established inspection and enforcement functions that ensure compliance with its licensing regime, and it already works with security partners to promote best practice around counter-terrorism protective security.

[Paul Holmes]

Will the Minister give way?

[Dan Jarvis]

If the hon. Member will bear with me, I am going to address some of the points he raised.

Furthermore, it will take at least 24 months following Royal Assent for the SIA to begin undertaking its enforcement duties. It would not be fair of us, nor indeed possible, to judge its performance before it has begun carrying out its new functions, which seems to be the effect of the new clause.

[Sammy Wilson]

rose—

[Dan Jarvis]

I will make a bit of progress.

I can also assure the House that the Bill already contains provisions to ensure the appropriate oversight of the SIA. Ultimately, the Bill gives the SIA the tools that it will need to deliver its new enforcement functions successfully. We are committed to exploring wider opportunities to strengthen the SIA so that it can carry out its public protection role and deliver the Government’s ambitious agenda.

I turn to the amendments on training provision tabled by the hon. Member for North Cornwall (Ben Maguire). I thank him again for his interest in that important issue. As he knows, the Bill has been developed to ensure that those working at premises and events are better prepared to respond quickly to evolving situations in the event of a terrorist attack occurring or being suspected. Those workers make rapid decisions and take actions that could save lives. There is no specific training requirement in the Bill, but it is essential that workers with responsibility for carrying out public protection procedures are adequately instructed—and, where appropriate, trained—to do so. Training and instruction will be tailored to the premises and events in question, and to the procedures that they have developed, rather than our using a one-size-fits-all approach.

[Paul Holmes]

rose—

[Dan Jarvis]

I will make a bit more progress.

The Government think that the focus of premises and events should be on how to ensure that their people can effectively carry out their roles, rather than requiring the completion of generic modules or courses. We understand the importance of training, and so have committed to publishing free dedicated guidance and support. That guidance will ensure that those responsible for qualifying premises and events have the information required to understand and identify training needs. The Government also intend to signpost a range of training offers, including the significant support that we offer in the shape of access to expert advice and training on ProtectUK, which already includes free access to the “Action Counters Terrorism” and “See, Check and Notify” training packages. Furthermore, following Royal Assent, the Government intend for there to be an implementation period of at least 24 months before the legislation’s commencement. We are confident that that will allow sufficient time to understand the new obligations and to plan and prepare accordingly, including by training staff where necessary.

I am conscious of time, Madam Deputy Speaker, but I want to respond to points made by a number of hon. Members. My hon. Friend the Member for Macclesfield (Tim Roca) made important points about the threat of terrorism. He also rightly paid tribute to Manchester city council for its work with local businesses. What he said about proportionality should reassure any businesses that might have concerns.

As a former police officer, my hon. Friend the Member for Forest of Dean (Matt Bishop) speaks with great authority on these matters, and I pay tribute to him for his service. He rightly made the point that the Bill is not just about securing physical premises but has a wider value, and that protecting the public is not just a matter for Government; others also have an important responsibility in that area.

Let me turn to the hon. Member for Hamble Valley (Paul Holmes), who has been very patient. I have to say, I am a little mystified that he is not on the Opposition Front Bench. He seems an effective performer and responded well on Second Reading. [Interruption.] I am not sure that I am helping him, but I thought he made a strong contribution again tonight, and I found his words about Martyn’s legacy particularly moving. I am grateful for his constructive approach this evening and previously. He helpfully highlighted concerns about smaller venues, particularly small theatres. I assure him that there has been extensive consultation with smaller venues, although I am sorry that it did not include the constituency venue that he mentioned.

All hon. Members have village halls, churches and community halls in our constituencies, and we all recognise the hugely important role that volunteers play. The Government raised the standard tier threshold from 100 to 200 people specifically in response to the feedback, including from those operating smaller venues similar to ones that the hon. Member for Hamble Valley mentioned. We assess that that has resulted in a reduction in the proportion of village halls in scope of the Bill’s requirements from 56% under the original proposals to 13% now. I assure him that we will continue to work closely with smaller venues to ensure the easiest transition to the new arrangements.

My hon. Friend the Member for Edinburgh East and Musselburgh (Chris Murray) said that the nature of terrorism is constantly evolving, and that we need to plan to protect against it. He pointed out that the Bill contains straightforward measures—prompts, essentially—that are light touch and proportionate. He also very helpfully referenced the Edinburgh example. I hope that that provides positive evidence of the potential benefits to businesses of the measures.

The hon. Member for Strangford (Jim Shannon) was constructive, as he always is. He speaks with great experience and authority on matters relating to terrorism, so I always listen carefully to what he has to say, and often find it profoundly moving, as I have again tonight. He mentioned churches, which he has raised with me before. The Government acknowledge that places of worship have a unique and important role in communities right across the country, and have considered them very carefully in the context of this legislation. We have consulted extensively with churches and with places of worship more generally, and I can assure the hon. Gentleman that we will continue to work closely with them to ensure that they have the support and guidance they need. That is a commitment that I make to him.

[Jim Shannon]

Will the Minister give way?

[Dan Jarvis]

I am conscious of time, so I will keep going, not least because I want to briefly reflect on the contribution of my hon. Friend the Member for Dover and Deal (Mike Tapp). He spoke with personal conviction and experience, and I know that he understands the importance of preparation and planning—I will not say the second bit of that phrase. He also rightly paid tribute to our intelligence services, and I echo that tribute.

The hon. Member for Broadland and Fakenham (Jerome Mayhew) spoke with authority, not just as a Member of this House but as a church warden, and made a really interesting point about critical challenge. I hope he will appreciate this point: the Bill is the result of two very extensive public consultations and pre-legislative scrutiny. It is forged from all that work. That is why I am confident that the measures in the Bill are proportionate and reasonable. However, I was grateful for the constructive challenge he offered.

The hon. Member for Kingswinford and South Staffordshire (Mike Wood) made a number of constructive points about thresholds. I hope the responses I have already given have provided him and the venue in his constituency with the reassurance they want. Finally, the right hon. Member for East Antrim (Sammy Wilson) spoke with passion, as he always does, and raised a number of entirely reasonable concerns. I am afraid that we will not agree on every aspect of them this evening, but I hope that he will at least acknowledge that the Government have worked incredibly hard to ensure that the Bill is proportionate and not unreasonable, given the nature of the threat we face.

I will touch briefly on the Government amendments, which make only very minor and technical changes to the Bill to ensure that its purpose and intent is clear. They include small drafting changes for consistency, to remove unnecessary text, and to clarify technical detail.

In closing, I again pay tribute to Figen Murray and her campaign team, and thank them. Their campaigning for this legislation has been an inspiration to us all. Figen’s son Martyn lost his life in the Manchester bombing. As the Home Secretary said on Second Reading,

“To suffer such a horrendous loss and somehow find the strength to fight for changes…is heroic.”—[Official Report, 14 October 2024; Vol. 754, c. 624.]

This is a vitally important Bill. The public deserve to feel safe when visiting public premises and attending events. It is therefore right that appropriate and reasonably practical steps be taken to protect staff and the public from the impact of terrorism. That is what the Bill seeks to achieve. Security will always be the foundation on which everything else is built, and for this Government, nothing will matter more. With that, I commend the Bill to the House.

[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Minister.

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[Dan Jarvis]

I beg to move, That the Bill be now read the Third time.

I start by thanking everyone across the House who has contributed to the debates on the Bill for their incisive and necessary contributions and their considered scrutiny. I thank in particular my hon. Friend the Member for Selby (Keir Mather) who has done such an excellent job in whipping the Bill through. I also thank the right hon. Member for Tonbridge (Tom Tugendhat) and the hon. Member for Hamble Valley (Paul Holmes) for their work on the Opposition Front Bench during the earlier stages of the Bill and the hon. Member for Stockton West (Matt Vickers) for taking over so ably on Report. I look forward to continuing to work with him in his new role.

Hon. Members will be aware of the Bill’s history, coming as it does out of the tragic events of the Manchester Arena attack in May 2017. I take this opportunity once more to pay tribute to the 22 victims of the horrific Manchester Arena attack, and to Figen Murray, mother of one of the victims, Martyn Hett. Her campaigning has been crucial in driving the Bill forward. We would simply not be here debating this legislation without her.

During these debates, I have been particularly moved by the contributions of hon. Members who have spoken on behalf of constituents who have been affected by the attacks in Manchester, Borough Market and elsewhere, and the important reflections and lessons we can learn from recent history in Northern Ireland. The Bill is one part of our already extensive efforts across Government, including those of the police and security services, to combat the threat of terrorism. I take the opportunity to thank them for their vital work in keeping our country safe; we owe them a debt of gratitude.

As hon. Members have heard me say more than once in this place, the first responsibility of any Government is to keep the public safe. This cross-party commitment to improve the safety and security of venues in the wake of the Manchester Arena attack must be delivered without further delay. The Bill was a manifesto commitment, and I am proud that we have been able to introduce it so early in the Session. I thank colleagues from across the House for their support for the Bill, which has enabled it to progress through its stages in this place so smoothly. I am also grateful to the previous members of the Home Affairs Committee for their report; its recommendations have been crucial in shaping the Bill.

I also take the opportunity to say an enormous thank you to the following people: Ella Terry in my private office; the Bill team of Tom Ball, Chloe White, James Fair and Izzy Hancock; Michelle Chapman and the policy team; Kris Lee and his legal team; Joel Wolchover and Tim McAtackney at the Office of the Parliamentary Counsel; and Debbie Bartlett and Shaun Hipgrave, whose leadership over several years has been exemplary. I also thank all the many civil servants, including those in the Home Office analysis and insight and comms teams, who have worked on the Bill with great diligence and professionalism. Many of them have done so for several years. Finally, I thank the fantastic staff of this place for their work in supporting the Bill’s logistics, in particular the Doorkeepers and the parliamentary Clerks’ team.

I finish with a gentle word of encouragement to colleagues in the other place. It has been wonderful to have seen consensus on the Bill in this place. I hope that they will agree with us on the importance of the Bill and that this manifesto commitment can proceed as smoothly through the other place as it has done here. After several years, and as Figen has said, it is time to get this done.