Terrorism (Protection of Premises) Bill

Jim Allister Excerpts

2nd reading
Monday 14th October 2024 Commons Chamber

[Jim Allister (North Antrim) (TUV)]

I support Martyn’s law without reservation. It is important that we salute the campaigning and the courage of Martyn’s family, and it is appropriate that colloquially the Bill is named Martyn’s law. What happened in Manchester was shocking and chills us all to the core. It is reflective of so many brutal, wicked acts of terrorism that have been experienced right across this nation, not least in my own part of the United Kingdom.

Here we are today properly debating, under the rules of due process and doing things in order, rules and laws to help us deal with terrorism. But we are conscious that terrorists play by no rules: they do not live within the confines of regulation, restraint or anything that would meet the standards of human rights—quite the reverse. To that extent, society as a whole struggles on occasion to deal with the excesses of terrorism, because of its determination to live within the rule of law. That is all the more reason why we need to do everything we can, even in the small things.

In the main, this Bill is about the small things of dealing with terrorism, to try to put ourselves in the best possible position to deal with the potential threat of terrorism that, sadly, exists across this nation. In doing that, we have to be realistic that dotting the i’s and crossing the t’s is good and necessary, but fundamentally terrorism will be defeated across this nation only when there is no room for it; when it meets the full rigour of the law and that puts it out of business. That is the fundamental reality.

I want to make a few comments about some of the particulars of the Bill. I have some concerns about its potential overreach. The hon. Member for North Cornwall (Ben Maguire) touched on some of them. Small schools and churches will now be subject to further regulatory requirements. I chair the board of governors of a small country school. We already have to have policies on fire safety, health and safety, and dealing with emergencies. That is all good and necessary, but I would like the Minister to explain what practical additions will be put upon small rural schools and their boards of governors. What will they have to provide that they are not already providing in their emergency, fire safety, and health and safety policies? Boards of governors in particular will want to know that, because they operate within very constrained budgets. In the school that I am involved with, every penny is accounted for and needed for fundamental provision.

I am concerned that, in its global approach, the Bill might put unbearable bureaucratic and financial burdens on very small users. The impact assessment says that the majority of the cost will fall upon the businesses that have to operate within it. That also means small schools, churches, community organisations and all the rest of it. That concerns me.

Earlier an hon. Member asked what the Bill will do to deal with previously planted devices, which are often deployed by terrorists. It is hard to see the impact, without counter-terrorist measures such as x-raying. I make that point mindful that just this weekend we marked the 40th anniversary of the bombing of the Grand hotel in Brighton, where one of the most audacious terrorist attacks, which aimed to kill the Cabinet of the United Kingdom, was perfected by the planting of a bomb in that hotel weeks before. We need to consider what would help to deal with that kind of situation. That is why I am a little bit concerned that the Home Secretary said there would be no measures in the Bill to require physical steps to be taken. If a hotel, leisure centre or large arena has a deficiency in its CCTV coverage that is observable by the SIA or whoever else—as there was in Manchester, where the terrorists were cute enough to pick out the CCTV blind spots—is it not sensible, if we are going to put in place protective measures, that physical measures could and should be included, such as identifying gaps in CCTV coverage, so that in the event of an outrage there is at least a better prospect of bringing the perpetrators to justice? That might also act as a deterrent. In fighting terrorism, deterrence is very often as important as anything else. It is our duty to ensure that that is so.

I will just touch on a couple of other points in the Bill. I note that clause 31, on civil liability, states:

“nothing in this Part confers a right of action in any civil proceedings in respect of any contravention of a requirement imposed on any person by or under this Part.”

That causes me to question. Most or all our buildings are covered by the occupiers’ liability legislation, which is premised on the duty of care of the occupier to their visitors. How can we say, in clause 31, that if we are going to impose obligations in respect of taking steps to protect against the potential of terrorist attack and those steps are not taken, that will not create the basis for civil action? Surely that is an indicator and a contributor to the question of whether or not the duty of care was fulfilled to the visitor. It puzzles me why clause 31 is in those terms.

The final thing I wanted to say relates to the SIA. We are giving a lot of powers to an organisation which, frankly, has not always covered itself in glory. I speak of my own part of the United Kingdom, where the SIA has issued licences to some dubious characters. It is not beyond the wit of terrorists—some of us have seen this—to set themselves up as so-called security firms and apply for licences. Do not ever fall into the trap of thinking that terrorists act by the rules we act by and that they would not do that. Yes, they would.

The SIA has been found wanting. In Northern Ireland, we recently had a case of gross overreach by the SIA, where it brought a prosecution that the judge said had to be stopped and should never have been brought. The SIA spent £200,000 and the case involved illegal searches of property, so it is not a body that is a ready recipient for extra powers. I worry that we will overburden it, if it is to do the job in the way that it needs to be done. I therefore say to the Minister that maybe the SIA is not the right regulatory body, because it already has a huge burden of work and it has not always been successful in what it does.

We want to that we—the elected representatives of this House who want to protect our constituents from the most hideous things, namely terrorist attacks—do all we reasonably can, and that means getting this legislation right.