Terrorism (Protection of Premises) Bill

Lord Hanson of Flint Excerpts

Committee stage
Wednesday 12th February 2025 Lords Chamber

[Lord Davies of Gower (Con)]

I will speak to Amendment 37A to Clause 31, tabled by the noble Baroness, Lady Hamwee, and the noble Lord, Lord Carlile of Berriew. This amendment proposes to remove Clause 31 and replace it with a new provision, stating that:

“Nothing in this Act or regulations made under it affects any right of action in civil proceedings”.


The Terrorism (Protection of Premises) Bill represents a critical step in strengthening the security framework for public venues and premises across the country. The increasing sophistication and unpredictability of terrorist threats demand that we establish robust and effective measures to protect the public. By setting out clear responsibilities for operators of certain premises, the Bill aims to ensure that the tragic events that we have seen in the past are less likely to be repeated in the future.

As we consider Amendment 37A, it is essential to examine whether the proposed changes will support or potentially undermine the Bill’s objectives. At its core, this amendment seeks to clarify that the Bill will not interfere with the right to pursue civil claims. Such a provision could be seen as a safeguard, ensuring that individuals and organisations maintain access to legal redress if they believe that negligence or a breach of duty has contributed to harm caused by a terrorist incident.

This is a significant consideration. Civil liability serves as an important mechanism for accountability and justice in our legal system. It encourages responsible behaviour, provides a pathway for compensation and often plays a complementary role in reinforcing public safety. Ensuring that individuals retain this right can provide reassurance that public security measures do not come at the expense of fundamental legal principles. However, there are important questions that we must address.

First, is this amendment necessary? It is a well-established principle of statutory interpretation that civil liability is not displaced unless explicitly stated in the legislation. Therefore, some may argue that this amendment is redundant and risks introducing ambiguity into the Bill’s interpretation. If the existing legal framework already protects the right to bring civil claims, we must carefully consider whether including an explicit provision could inadvertently complicate matters rather than clarify them.

Another practical consideration is the potential impact on compliance with the Bill’s requirements. Premises operators, many of whom are already facing financial and operational pressures, may view the introduction of this provision as increasing their exposure to litigation. This could have the unintended consequence of discouraging proactive security measures if operators become overly concerned about the risk of legal action. It is essential that the Bill strikes a balance between imposing reasonable obligations and supporting those who are making good-faith efforts to comply.

Furthermore, we must assess whether this amendment could lead to increased litigation that detracts from the primary purpose of the Bill. Legal disputes can be time-consuming and resource-intensive, diverting attention from the urgent task of implementing effective security measures. We should be mindful of the potential for unintended consequences that may hinder the Bill’s objectives. It is also worth considering the impact on the insurance market. If the inclusion of this provision is perceived as creating greater uncertainty or exposure to liability, it could lead to increased insurance premiums for premises operators. This may place an additional financial burden on businesses and organisations that are already navigating a challenging economic environment.

That said, the Government must also be mindful of the importance of maintaining public trust and confidence in counterterrorism measures. Ensuring that individuals have access to justice when they have been wronged is fundamental to our legal system and to public confidence in the rule of law. If stakeholders, legal experts or civil society organisations believe that this amendment is necessary to provide clarity and reassurance, their concerns should be carefully considered. Ultimately, the key question is whether the amendment strengthens the Bill by providing clarity or whether it introduces unnecessary complexity that could hinder its implementation. I look forward to hearing the Government’s view on this matter and the perspectives of other noble Lords.

As we deliberate on this amendment, let us remember the importance of striking the right balance: ensuring robust security measures that protect the public, while safeguarding access to justice and upholding the legal rights that are fundamental to our democracy. We must strive to create a framework that achieves both security and fairness in the face of evolving security threats.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

My Lords, I am grateful to the noble Baroness, Lady Hamwee, for tabling this amendment, with the support of the noble Lord, Lord Carlile of Berriew. We have had discussions outside this Committee to examine these issues. I am genuinely sorry that I was not able to allay the concerns expressed in our discussions, but I hope to be able to do so today, formally and on the record. I am grateful for the comments from the noble Lord, Lord Sandhurst, which I think were supportive, and those from the Opposition Front Bench made by the noble Lord, Lord Davies of Gower.

The purpose of the Bill, as we have discussed, is to mitigate the effects of physical harm arising from acts of terrorism. My starting point, which I know will be shared by everybody in this Committee today, is that the people responsible for such heinous acts that might be inflicted as a result of terrorist activity are the terrorists themselves. The purpose of this potential Act, if it is approved downstream, is to ensure that there are requirements on the duty holders under it which make a real difference to the physical harm caused by potential acts of terrorism. For this reason, there is both a set of conditions to put in place, under Clauses 5 and 6, and robust regulatory and enforcement provision in the Bill.

However, the duties should not impose an actionable right for someone who has suffered loss or injury to bring a claim for a breach of statutory duty. I will try to explain why I think that is the case in due course. I may or may not convince the noble Baroness and the noble Lord, but I will attempt to do so.

Clause 31(1) puts this principle beyond doubt and provides valuable reassurance for responsible persons who, fearing they may face civil proceedings, could otherwise feel pressured to overcomply with the Bill’s requirements. These points were made by the noble Lord, Lord Davies of Gower. They might, as the Liberal Democrats have previously spoken about, drive people who have those statutory responsibilities to start to engage expensive consultants to overworry about the provisions or to make alterations to their premises that are disproportionate to the risks they face.

Throughout the Bill, the Government have tried to make the provisions as simple and clear as possible and to not put concerns that would lead to potential costly litigation on the face of the Bill. Clause 31(2) makes it clear that it does not affect any right of action which exists, apart from the provisions of Part 1 of the Bill. I know the noble Lord is aware of this because we have discussed it but, for example, a claim for negligence could still be made under the provisions of Clause 31(2). That provision is precisely in line with existing legislation, such as the health and safety legislation in 2013, which ensured that no civil right of action was available for breach of statutory duty unless provided for specifically under the Bill.

It is right that the Bill makes it clear that existing rights of action, such as negligence claims, are not affected, while providing what I hope—again, this is for noble Lords to assess—is clear reassurance to all that a civil claim for breach of statutory duty may not be brought. Therefore, I hope it helps the true purpose of the Bill: to require reasonable, simple and effective steps to mitigate the harm that could be caused by an act of terrorism, for which the terrorist is solely responsible. It should be achieved appropriately, proportionately and without overcompliance flowing from a fear of costly litigation.

I may not have succeeded, but I hope I am finding the balance point between the concerns expressed by Members of the Opposition, and the genuine concerns put down by the noble Baroness, Lady Hamwee, and the noble Lord, Lord Carlile. I hope that balance point is achieved by what the Government say. I will listen again if the noble Lord, Lord Carlile, wishes to make any further points based on what I have said. That is —not with my legal training but the legal mind of the Home Office lawyers behind me—the position I put before the Committee in response to the amendments.

[Baroness Hamwee (LD)]

My Lords, I am grateful to those who have taken part in this debate. I do not know whether noble Lords listening are any clearer as to where we are going on this. I make it clear to the Committee that my first objective is to achieve something that is readily understandable to anybody reading this legislation. The Member’s explanatory statement refers to clarity. I was seeking to address this to, first, get clarity and then debate the substance.

I was also concerned that it is important to get discussions on the record. This is not an accusation, but I was not involved in any discussions outside this House. It occurs to me listening to the discussion that it will also be important that guidance or explanations about how this new regime is to work are written in kindergarten language and available to the public.

[Lord Hanson of Flint (Lab)]

Perhaps I might again reassure the noble Baroness. What I have said, from this Dispatch Box, is that guidance from both the Home Office and downstream will be put out once the Security Industry Authority is established, and that it will be subject to discussion in this House. I hope that will achieve the noble Baroness’s objective.

[Baroness Hamwee (LD)]

I hope that anything that is put out does not need that much discussion in terms of clarity and whether the plain English campaign is satisfied and so on. I am not going to seek to take this further today, but I come back to it as one of the central political points about legislation being clear to those who have to operate it and who are affected by it. Having said that, I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Hanson of Flint (Lab)]

I reassure the noble Lord, Lord Murray, and other contributors to this debate that I have been on a few demos myself. I have quite enjoyed them; they are part of the democratic right to oppose certain things. Although my demo days have gone for the moment, because, as a Government Minister, I support government policy, there may be occasions in the future when I want to go on further demonstrations. I do not anticipate this Bill or any other legislation—apart, perhaps, from the legislation put in place by the previous Government—curtailing that democratic right to protest.

I hope I can reassure the noble Baroness and the noble Lord that none of the Bill’s provisions are intended to interfere with people’s rights, which are protected by the European Convention on Human Rights, as set out in Schedule 1 to the Human Rights Act, including the right to protest. To be clear, the Bill aims to protect the public, not to infringe their rights. The noble Lord will note that something that I never expected to happen to me again happened with this Bill. On the front of it are the words:

“Lord Hanson of Flint has made the following statement under section 19(1)(a) of the Human Rights Act 1998”,


and, for the benefit of the House, I will repeat what it says:

“In my view the provisions of the Terrorism (Protection of Premises) Bill are compatible with the Convention rights”,


of which the right to protest is at the heart.

The noble Lord referred to a number of points around the undergrowth of the legislation and some of the clauses and schedules that he has concerns about. However, the front of the Bill says—and I put my name to it—that it is compatible with the convention of human rights. In my view, the measures are carefully developed to ensure it appropriately and proportionately captures the places and requirements of qualifying premises and events. In the development of the Bill, we have been mindful of its application to protests and demonstrations.

The expectation is that most demonstrations and protests will not fall within the Bill’s scope at all. They will not constitute “qualifying premises” under Clause 2, as they are not qualifying activities under Schedule 1. Even if they were, it would be unlikely that the premises would be wholly or mainly used for those purposes.

Some large demonstrations and protests may be qualifying events. However, many will not have to put in place the specific measure to check entry and, as a result, will not satisfy the criteria to be a qualifying event under Clause 3. An open access event, which is how I would term some of the demonstrations that I have been on, might have more than 800 attendees at a time—that number would be a good demonstration—and will not be within the scope of the Bill. Where demonstrations or events are within the scope of the Bill, it is right that the relevant provisions will apply. In some cases, large numbers of people will be gathered in a location where the organiser must have adequate control to consider and take forward appropriate security measures and procedures, so far as is reasonably practical.

I hope to reassure the noble Lord, His Majesty’s Opposition Front Bench and the noble Baroness, Lady Fox of Buckley, that, within the Bill’s scope, we are required to act compatibly with the European Convention on Human Rights and the Human Rights Act. I can say from this Dispatch Box that nothing in the legislation interferes with that.

I am grateful to the noble Lord for teasing out the discussion. I look forward to perhaps joining him on a demonstration, if we ever find shared common ground. But, for the moment, his pressing is valuable as it gives me the opportunity to say that he can undertake protests without worry about the Bill’s provisions—unless, of course, his protest falls within the scope of the Bill, in which case it is treated no differently from any other aspect of life that falls within the scope. I hope he will reflect on that and withdraw his amendment.

[Lord Murray of Blidworth (Con)]

My Lords, I am very grateful to my noble friend Lord Davies, the noble Baroness, Lady Fox, and the Minister. Obviously, the Section 19 declaration on the front of the Bill is a statement that, in the Minister’s view, it is compatible with the Act. As one of the very small number of Ministers who has signed a Section 19(1)(b) statement, which is to be signed in different circumstances, where you are not so confident, I can assure the Minister that such a statement of opinion is not conclusive. The courts regularly find that measures in Acts of Parliament—for example, in the recent litigation about the Northern Ireland legacy Act—are in fact incompatible, notwithstanding statements or declarations of compatibility on the front of the Bill.

Be that as it may, I have listened carefully to what the Minister has said, and I obviously agree with much of it, but I still wonder whether he might go back to the department and consider whether it is appropriate to put in just a short clause along the lines I suggested, to make crystal clear that the right to protest is not to be interfered with indirectly and unintentionally by the measures in the Bill. For now, of course, I am happy to withdraw my amendment.

--- Later in debate ---

[Lord Davies of Gower (Con)]

My Lords, I rise to speak in support of Amendment 40, tabled by my noble friend Lord Murray of Blidworth. This amendment proposes the insertion of a new clause after Clause 34 to establish tax relief incentives for security investments by businesses covered under this Act. The purpose of this amendment is to encourage businesses to strengthen their security infrastructure voluntarily by offering tax deductions of up to 25% for qualifying security expenditures. These investments would include, but are not limited to,

“surveillance and monitoring equipment, … physical barriers and access control systems, … staff training on counter-terrorism measures, and … cyber-security infrastructure for venue security”.

The security landscape we face today is increasingly complex. The threat of terrorism has evolved, targeting not only traditional public spaces but also a wide variety of venues where people gather for work, entertainment, and everyday life. The Terrorism (Protection of Premises) Bill rightly places obligations on certain premises to implement security measures to protect the public. However, it is essential that we consider the financial burden this may place on businesses, particularly small and medium enterprises, which form the backbone of our economy.

This amendment offers a constructive and forward-thinking solution by incentivising security investments through tax relief. Such an approach would have several key benefits. First, by offering financial incentives, we encourage businesses to take proactive steps to enhance their security infrastructure. Many businesses want to do the right thing but are constrained by budgetary limitations. Tax relief would help alleviate these financial pressures and empower them to invest in modern, effective security measures that reduce the vulnerability of their premises to acts of terrorism.

Secondly, the amendment recognises the importance of innovation in counterterrorism technologies. By incentivising investments in advanced surveillance systems, access control solutions and cybersecurity infrastructure, we create a market environment that encourages the development and adoption of cutting-edge security technologies. This not only benefits individual businesses but strengthens the broader security landscape of our nation.

Thirdly, security is a shared responsibility. While the Government have a duty to protect its citizens, the private sector also plays a critical role in safeguarding public spaces. By incentivising private investment, this amendment helps reduce reliance on public funding for security infrastructure, ensuring that taxpayer resources can be allocated more efficiently. Fourthly, providing a financial incentive makes it more likely that businesses will not only comply with the requirements of this Bill but go above and beyond to implement comprehensive security measures. This contributes to a safer environment for the public and demonstrates a collaborative approach to counterterrorism efforts.

Critics may argue that offering tax relief for security investments could reduce government revenue. However, this must be weighed against the potential costs of a terrorist attack, including the loss of lives, economic disruption and the subsequent expenditure on emergency response and recovery. Investments in security are not merely costs; they are investments in resilience and stability. Additionally, by incentivising security investments, we send a strong signal that the Government recognise the challenges businesses face and are willing to support them in meeting their obligations under this Bill. This builds good will and fosters a sense of partnership between the public and private sectors in the collective effort to protect our society from terrorism. Furthermore, the scope of this amendment is deliberately broad, allowing the scheme to cover various types of security investments. This flexibility ensures that businesses can tailor their security measures to their specific needs and circumstances, rather than being forced into a one-size-fits-all approach.

The amendment strikes the right balance between enhancing security and supporting economic growth. It encourages businesses to invest in vital security measures while reducing the financial burden they face. By incentivising innovation and collaboration, we create a more secure and resilient society, so I urge the Government and noble Lords to support this amendment. It is a pragmatic, forward-thinking proposal that strengthens the Bill, promotes public safety and supports businesses in playing their part in counterterrorism efforts. Security and prosperity are not mutually exclusive; they can and must go hand in hand. This amendment embodies that principle and deserves the full support of this Committee.

I now speak in support of Amendment 41, tabled by my noble friend Lord Udny-Lister. This amendment proposes the insertion of a new clause after Clause 34 to ensure that local authorities are adequately supported and properly co-ordinated in their role under the Bill. The amendment has two key components. First, it calls on the Secretary of State to provide funding and resources to local authorities to support their expanded role in overseeing compliance with the security requirements outlined in this legislation. Secondly, it requires the Government to issue clear guidelines for local authority co-ordination with the Security Industry Authority. The importance of this amendment cannot be overstated. The Terrorism (Protection of Premises) Bill rightly seeks to enhance security measures at public venues and premises across the country. However, it is clear that local authorities will play a critical role in ensuring the effective implementation and enforcement of these measures. If we are to succeed in making public spaces safer, local authorities must be properly equipped to carry out their responsibilities.

Local councils are already under significant financial and operational strain. Many are grappling with stretched budgets, increased service demands and a shortage of skilled personnel. Adding the responsibility of overseeing complex security compliance requirements without additional support would place an unsustainable burden on them. This amendment recognises that reality and ensures that councils are provided with the funding and resources necessary to carry out their new duties effectively. By investing in local authorities, we not only empower them to fulfil their role under the Bill but enhance the overall security infrastructure of our communities.

The Security Industry Authority has a vital role in regulating private security services and ensuring high standards across the sector. However, effective security co-ordination requires seamless co-operation between local authorities and the SIA. This amendment addresses the need for clear and consistent guidelines on how such co-ordination should be conducted.

Providing clarity on roles and responsibilities will prevent a duplication of effort and reduce the risk of confusion or gaps in enforcement. It will foster stronger partnerships between local authorities, the SIA and other stakeholders, creating a more cohesive and effective security framework.

Terrorist threats are complex and multifaceted, requiring a co-ordinated and collaborative response at all levels of government. Local authorities are often best placed to understand the specific security challenges within their communities and to engage with businesses, venue operators and the public in implementing tailored security measures. However, this localised approach can be effective only if councils have the necessary resources and clear guidance from central government; without this, we risk creating a fragmented and inconsistent security landscape that leaves communities vulnerable.

Some may argue that councils already have extensive responsibilities, and that security should remain the domain of specialised agencies. However, the evolving nature of security threats requires a whole-of-society approach. Local authorities are on the front lines of public service delivery and community engagement; they are uniquely positioned to play a key role in implementing the security measures under this Bill, provided they are given the tools and support to do so. It is worth noting that investment in local authority capacity will have broader benefits beyond security: strengthening council capabilities can enhance their ability to deliver other services more effectively, creating more resilient and well-managed communities.

This amendment represents a practical and necessary step to ensure the successful implementation of the Terrorism (Protection of Premises) Bill. It acknowledges the vital role of local authorities and provides the support they need to fulfil that role effectively. By ensuring proper funding, resources and clear co-ordination with the SIA, we can create a security framework that is both robust and locally responsive. I urge the Government and noble Lords to support this amendment; it strengthens the Bill, supports our councils and, ultimately, contributes to a safer and more secure United Kingdom.

Amendment 42 calls on the Secretary of State to establish a financial support scheme to assist businesses with the cost of implementing the security measures required under this legislation. The proposed scheme would include low-interest loans, grants or tax relief for businesses facing costs ranging between £3,000 and £52,000. While we all recognise the necessity of strengthening security measures to protect the public from the ever-present threat of terrorism, we must acknowledge the financial burden these requirements may place on businesses—particularly small and medium-sized enterprises—many of which are already grappling with rising costs, from energy bills to supply chain disruptions.

For a small business, an unexpected £3,000 security expenditure can be a significant financial strain, let alone costs in the tens of thousands. Without support, some may face difficult decisions, including delaying essential security upgrades or, in extreme cases, closing their operations altogether. This would not only harm local economies but could inadvertently weaken the overall security framework that the Bill seeks to strengthen. A financial support scheme, as outlined in this amendment, offers a practical solution. By providing low-interest loans, grants and tax relief, we can alleviate the financial pressures on businesses, while encouraging compliance with those security requirements. This is a prudent investment in the safety and resilience of our commercial sector and the communities it serves.

Finally, Amendment 45 addresses the equally important issue of financial support for voluntary and community organisations, including village halls, which are often at the heart of rural and suburban communities. It calls on the Secretary of State to provide grants or funding schemes to cover the costs associated with compliance under the future Act. Voluntary and community organisations face unique challenges; they often operate on shoestring budgets, relying heavily on donations, grants and volunteer support. These organisations provide essential services and spaces for social engagement, education and cultural activities. Village halls, in particular, are vital hubs for community life, hosting everything from children’s playgroups to senior citizen gatherings.

The imposition of costly security measures, while understandable from a public safety perspective, could deter community engagement and even lead to the closure of some of these cherished institutions. That is a price that we cannot afford to pay. By providing targeted financial support, we ensure that voluntary and community organisations can continue to thrive while meeting their security obligations. This amendment is not just about compliance; it is about preserving the social fabric of our communities and recognising the invaluable role that these organisations play in society.

[Lord Hanson of Flint (Lab)]

My Lords, I am grateful for the amendments, and I hope that I will be able to respond to them fully.

I thank the noble Baroness, Lady Manningham-Buller, for her plug for the service she mentioned; I take it in good heart. She will know that the purpose of the Bill is to give the Security Industry Authority the power to give advice and for the Home Office to enable that. I will take away her suggestion and feed it to officials. If it can be done, we will look at how it can be examined by the Security Industry Authority to be a helpful contribution to resilience for local groups and organisations. I thank her for that.

--- Later in debate ---

[Lord Davies of Gower (Con)]

My Lords, I support Amendment 43, tabled by my noble friend Lord Udny-Lister. This has been a very interesting debate. The amendment seeks to introduce a new clause requiring the Secretary of State to

“consult with local authorities on integrating counter-terrorism measures into the planning and design of new buildings which are likely to be designated ‘qualifying premises’ for the purposes of this Act”.

It further calls for the introduction of measures to ensure that anti-terrorism design principles are incorporated into building projects, particularly those in high-risk areas.

The importance of designing safer urban environments from the outset cannot be overstated. In an era where the threat of terrorism continues to evolve, our approach to public safety must also adapt. The integration of counterterrorism measures into the planning and design of buildings offers a forward-thinking solution that enhances security while reducing the need for costly and disruptive retrofits. By embedding security principles into architectural design, we can create spaces that are both functional and secure. Measures such as blast-resistant materials, secure perimeters, control access points and natural surveillance through open and well-lit layouts can significantly reduce the vulnerability of public spaces.

Many countries have already embraced the concept of designing out terrorism. For example, in the United States and parts of Europe, urban planners and architects routinely incorporate security features into the design of transport hubs, commercial centres and public venues. The United Kingdom should not lag behind in adopting similar best practices. This amendment encourages a collaborative approach between the Government, local authorities and the construction industry to ensure that new developments are designed with security in mind. Local authorities are uniquely positioned to provide insights into the specific risks and needs of their areas, making their involvement in this process essential.

Incorporating counterterrorism measures at the planning stage is not only more effective but more cost-efficient. Retrofitting existing buildings to meet new security requirements can be expensive and disruptive, often requiring extensive modifications that compromise the original design and functionality. By contrast, proactive design reduces long-term costs and creates environments that seamlessly balance aesthetics, functionality and security.

I must stress that this amendment does not seek to turn our urban landscapes into fortresses. Good design can enhance both security and public experience without compromising the openness and accessibility that define vibrant communities. By working closely with architects, planners and local authorities, we can ensure that security features are thoughtfully integrated and do not detract from the usability and beauty of public spaces. I fully associate myself with the words of the noble Lord, Lord Hogan-Howe, on this issue.

The amendment rightly prioritises high-risk areas where the likelihood of terrorism incidents is higher due to factors such as foot traffic, symbolic importance or previous threats. By taking a proactive approach in these areas, we would not only protect lives but bolster public confidence in the safety of shared spaces. In conclusion, the amendment would strengthen the Bill by embedding security into the very fabric of our built environment. It demonstrates a pragmatic and forward-looking approach to counterterrorism that balances safety, efficiency and community needs. I urge the Government and noble Lords to support this amendment as it represents a vital step forward, creating a safer, more resilient United Kingdom.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord, Lord Udny-Lister, for raising the important issue of how new buildings—his amendment mentions “new buildings”—and development should consider security in their design where it is appropriate to do so.

I thank the noble Viscount, Lord Brookeborough, and the noble Lords, Lord Elliott and Lord Empey, for bringing to the Committee their experience of Northern Ireland—with which I have a small element of familiarity but not as much experience as they do.

I welcome the contribution of the noble Lord, Lord Hogan-Howe, and particularly his invitation for CT advisers to be incorporated into an advice mechanism, whatever that might be. I will give him the same answer I gave to the noble Baroness, Lady Manningham-Buller. I reassure him that we want to have this simple advice, focused via the Security Industry Association, and I hope that I can at least refer his helpful suggestion and see how it can be incorporated into the advice given. I thank my noble friend Lord Harris of Haringey for his contribution, and the Liberal Democrat and Opposition Front Benches for their comments.

--- Later in debate ---

[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.

[Lord Davies of Gower (Con)]

My Lords, I am grateful to those who have spoken, including the noble Baroness, Lady Fox—who talked about the unintended consequences of the Bill, which are a worry—and my noble friend Lord Sandhurst. I thank the Minister for his response, particularly about striking the right balance. I am pleased to hear that he will keep its effectiveness under review and revisit it. On the issue of 24 months, the Minister assures me that he does not anticipate delays, and I will keep his words in mind. For the time being, I am happy to withdraw the amendment.