Terrorism (Protection of Premises) Bill

Debate between Dan Jarvis and Paul Holmes

Report stage
Monday 9th December 2024 Commons Chamber

[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.

[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.