Terrorism (Protection of Premises) Bill

John Hayes Excerpts

2nd reading
Monday 14th October 2024 Commons Chamber

[Neil Coyle (Bermondsey and Old Southwark) (Lab)]

rose—

[Sir John Hayes (South Holland and The Deepings) (Con)]

rose—

[Yvette Cooper]

I will give way first to my hon. Friend and then I will come back to the right hon. Gentleman.

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[Sir John Hayes]

The right hon. Lady makes two profoundly important points. The first is on the metamorphosis of terrorism and how we need to be persistently clear about how we respond to it in the event of the changes we have seen. The second is about how the whole House comes together on these matters; as the right hon. Lady knows, I have had an interest in this subject for some time and I entirely endorse what she says.

The particular point that I want to make is about anticipating events. The right hon. Lady has spoken a great deal about how we deal with events in the moment, as it were—the training of staff is critical, as she said—but of course we could be talking about a timed device that is planted long before a large event takes place. How does she see the legislation having an impact on a plot that is made well in advance, as I am sure the one in Manchester was?

[Yvette Cooper]

The right hon. Member makes an important point and I thank him for his long-standing interest in the issue. Those responsible for premises and events in the enhanced tier will be required to provide the regulator with a document that sets out all the public protection measures and procedures they have, and how they expect those processes to reduce their vulnerability and risk of harm from terrorism. The first category is about monitoring for risks and indicators. That might include monitoring prevention measures—for example, if there has been some kind of security breach a week before or some days before—or assessing what the risks might be. The third measure is about physical safety, which might include the physical arrangements that can prevent somebody from being able to take action in advance of a major event to create that risk and threat. There are ways of having those checks in place.

The Bill ensures that there is a new regulator to oversee compliance through a new function of the Security Industry Authority. We expect the SIA’s primary role to be supporting and advising businesses to implement the legislation’s requirements. Even though the SIA will have a suite of powers and sanctions, including the power to issue fines for non-compliance or to shut down events in the enhanced tier, in fact those sanctions are primarily civil. I reassure the House that those responsible for premises and events will be given time to understand and that the SIA’s approach will be to support venues to adopt the new measures. A range of factors will be taken into account so that penalties will be used only to address the most serious or repeated failings.

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[Mr James Cleverly (Braintree) (Con)]

I thank the Home Secretary for bringing the Bill forward with such pace and alacrity. I pay tribute to Figen Murray for her tireless campaigning; I know that she, her husband and other campaigners join us in the Chamber. It is also appropriate that we pay tribute to her son, Martyn Hett, who was murdered, alongside 21 other innocent victims, while going to the Manchester Arena in 2017 to watch a concert. It is of course in that tragic context that we find ourselves considering this legislation.

As the Home Secretary said, the Bill enjoys cross-party support, and the Opposition support its aims and aspirations. I am grateful to her for recognising at the Dispatch Box the work that was done, particularly in pre-legislative scrutiny, to ensure that the Bill has the best chance of navigating its parliamentary stages and concluding in a manner that achieves the dual purpose of keeping people safe while supporting the music and entertainment industry, of which we are so proud.

When I met Ms Murray ahead of the general election, I said, perhaps rashly, that I was confident that, irrespective of the outcome of the election, the Bill would be brought forward. I am glad that the Home Secretary did not put me in an awkward position having made such a commitment. I felt confident at the time that I would be proved right, and I am pleased that, on this one occasion thus far, she and her Ministers have done so. Martyn’s law was in both our parties’ manifestos at the last general election, and it is important that this measured and well thought through piece of legislation is properly scrutinised legislation and makes it through the House.

As the Home Secretary said, the threat picture is complex, evolving and enduring, and terrorists choose to attack a broad range of locations. As she also stated, they choose to attack in a manner and in locations that maximise the detrimental impact on our way of life. The protection of our way of life is in many ways just as important as the protection of life itself. As there is a range of potential targets, it is right that the Bill proposes that a range of premises be better protected and ready to respond in the event of a terrorist attack. At the same time, the Government have to think very carefully when regulating in this way, to ensure that we recognise that we cannot regulate away all risks. We should regulate when and where it provides greater safety to the public, ensuring that we do not create a false sense of security or impose a cost so high that venues are unable to comply and therefore fail to reduce the risk.

It is appropriate that we look at the impact assessment produced by the Government, and recognise that the new regulations will affect an estimated 155,000 small businesses with a venue capacity of between 200 and 799 people. That will impose an average cost on them of around £330 a year. The regulations will also impact around 24,000 larger venues with a capacity of 800 and above, imposing an average cost of around £5,000 each year. When I was the Home Secretary, I looked at ways of reducing the burden on the industry as much as possible, while ensuring that those with the broadest shoulders, as it were, could bear the largest load, protecting smaller venues. I therefore welcome the lighter-touch approach that has been put forward, particularly in the standard tier.

While in government, we also looked at the case for raising the standard threshold beyond 200 to around 300. I see in the Bill that a capacity of 200 was settled on. Clearly, as the Bill goes through the scrutiny process, questions will be asked about whether 200, 300, or a lower or higher figure is appropriate. It is right that those questions are asked, and Members across the House should feel at liberty to probe the Government on the rationale, because this is about balance, and ensuring that people are safe and venues stay viable.

In recognition of the important but novel approach that is being taken, what thought have the Government given to a feedback process whereby the implementation could be assessed and thresholds adjusted if needs be? The Government might consider implementing the enhanced tier in a staged process and learn lessons before implementing the standard tier fully. I would certainly be more than happy to discuss that with the Home Secretary across the Dispatch Box, in Committee, or elsewhere.

Turning to the establishment of the new regulator, I welcome the Government’s intention that the regulatory function of Martyn’s law will be delivered as a new function of the Security Industry Authority, but what assurances has the right hon. Lady had from the SIA regarding its readiness for this? As I said, including the standard tier, we are looking at nearly 200,000 venues. We want to ensure that the legislation is effective, and not just on the statute book gathering dust.

[Sir John Hayes]

I am mindful of my right hon. Friend’s earlier point about how small businesses can cope with the new requirements. Part of that involves increasing their staff’s awareness and understanding of the threat. The training that the Home Secretary spoke about will be vital in that respect. Does my right hon. Friend agree that one way of minimising costs will be for umbrella organisations to co-ordinate some of that training, in organisations big and small, to improve staff understanding of the risk and how it can be countered?

[Mr Cleverly]

My right hon. Friend makes an important point. Given that so much legislation of this nature enjoys cross-party support, there are opportunities to discuss the most effective way of implementing our universal desire to get good and effective, but not overly onerous, legislation on the books. Members may feel a bit reticent about asking challenging questions for fear of coming across as seeking to undermine the work of legislation, but I know from the conversations that he and I have had that the opposite is true here. There are opportunities to do as he suggests, for example with the requirement for the enhanced tier venues to get their house in order. That could be done in close co-ordination with local venues in the standard tier, and the relevant training could be done hand in hand without the full financial, time or other burden falling on smaller venues. That kind of detail could make a fundamentally sound Bill increasingly effective.

We need to look at what else can be done to ensure that the plans for premises cannot be used against them, and that if those plans are disclosed, they cannot be utilised by would-be attackers as part of their preparation. Of course, there is a balancing act between having best practice made public—something that would benefit smaller venues—and ensuring that we do not give advantage to those who would do harm.

I also ask that Ministers ensure that the regulator is supportive and constructive. The Home Secretary made that point, and it is important to say it at the Dispatch Box, but making sure that it is really embedded in the organisation is key. The regulator’s desire should be to help venues to stay safe and viable, rather than looking for opportunities to rush in with fining powers, which could either put businesses out of business or introduce such a fear of fines that they decide to take the easy option and close their doors. That is not something that Members on either side of the House want.

Organisations will, of course, need time to adapt and familiarise themselves with the new guidance. On that point, I note that the new legislation is unlikely to be implemented for around 24 months after Royal Assent. If that is the case, will the Home Secretary commit to engage with the industry via the Federation of Small Businesses, Live music Industry Venues and Entertainment, the Greater London Authority and other bodies to ensure that we do not have a one-size-fits-all approach that might, perhaps inadvertently, squeeze sensible changes that could increase compliance without increasing risk?

What mitigations or exemptions will the Home Secretary consider to protect voluntary and community venues, such as churches or places of worship, particularly those that have already said that the new regulations will be burdensome for them? It is vital to keep the thresholds and guidance under review as the legislation is implemented. Fear of regulation often incentivises owners and organisers to take the most cautious point of view rather than the most appropriate one, and that would be counterproductive.

As the Home Secretary said, terror threats are constantly evolving, and we must evolve with them. In doing so, we must be alive to the threat that new regulations and protections have on our everyday lives—on gatherings, on places of worship and on business—and we should keep proportionality at the forefront of our minds. She has made a commitment to do that, and I am grateful that she has done so. In that spirit, I offer the Opposition’s support in ensuring that the legislation passes promptly through the House and is implemented in the best form possible, and that we do what we can to ensure that tragedies such as we saw in the Manchester Arena never happen again.

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[Priti Patel]

I thank the Home Secretary for her comments. Debates such as this concentrate all our minds and thoughts on how we must work together. It is so sad, but many of the Members here have spoken about Sir David and Jo, and in fact great security measures have then been enacted. Indeed, I pay tribute to Mr Speaker, staff members and everyone who has stepped up to do so. However, there is a threat here, which is the suffering, the loss and the pain, and as has been said in the debates thus far, the Manchester Arena tragedy will live with so many of us for so long.

I set up the inquiry when I was Home Secretary, and many of the findings of the important work of Sir John Saunders were absolutely shocking. The families had to sit through and participate in the inquiry, and they were retraumatised to a certain extent while giving evidence and listening to some of the failings, which was deeply painful. This is very much about the lessons we can learn collectively, and not just across Government but as a society. This Bill will always be in memory of Martyn, of course, but it is also in memory of the many others affected.

[Sir John Hayes]

I pay tribute to my right hon. Friend for setting up the inquiry, but those recommendations did not stop with this legislation. While it is important that we welcome this in the spirit that has imbued the debate so far, the recommendations on co-ordination and some of the failures in communication between different agencies—those recommendations were mentioned by the hon. Member for Altrincham and Sale West (Mr Rand)—do need to be acted on. Notwithstanding the spirit that I have described, it is important that that scrutiny continues and that we learn the lessons to which she has alluded.

[Priti Patel]

I thank my right hon. Friend for his comments. He will know very well from his own time in government, given the roles in which he served, that we have been privy to the details of some awful plans, plots and issues that could have inflicted a lot of problems on our country. We must always have these policies under review.

I want to pay tribute to the work of our security and intelligence services. Their work behind the scenes is just outstanding, and we are blessed in so many ways with the level of scrutiny, the work they do and the resources that come from Government. I want to pay tribute to the team that set up the counter-terrorism operations centre—a new organisation established by the previous Government during the last Parliament—which focuses on the integrated approach of our security services for a lot of the operational work that takes place. We should not just pay tribute to it, but recognise that this work always has to be kept under review, because the threats change. The nature of the threats evolves and changes constantly and, as we know, terrorism is not just domestic but takes place outside this country.

The Bill has had extensive consideration and consultation. It has taken into account the recommendations and details contained in reports and inquests from the Manchester Arena attack, and from the attacks at London bridge and here in Westminster, and other incidents, as is absolutely right. During my time at the Home Office, we gave a commitment to introduce a protect duty, which was welcomed across the House and by campaigners and many businesses, and that consultation was undertaken in 2021. We had to consult and consider carefully how best to implement that and improve public safety protections while being mindful of the many impacts on businesses to which the House has alluded—the need for those impacts to be proportionate and for burdens to be minimised—particularly on smaller businesses and venues, and contemplating the role and responsibilities of the regulator. The Home Secretary touched on some of those points.

Since then, the draft Bill was published last year and was considered by the Home Affairs Committee, and this year the standard tier consultation took place. The results were published last month with the Bill and, importantly, the provisions have been built on and some changes made. It is right that the details have been scrutinised. It is important that we recognise the patience of the campaigners who wanted the Bill to come forward much earlier, but we needed to get the technicalities and the details right. There is no point in bringing forward legislation if we cannot operationalise it.

The Home Secretary has spoken about the role of the SIA. We need to consider how the SIA will be equipped adequately. It was resourced heavily during the covid pandemic, with new duties and responsibilities, but again it is the practicalities that are important, because the Bill brings an estimated 179,000 premises under the scope of the requirements of Martyn’s law, with a distinction in place—some have a standard duty, as we have heard from the Secretary of State. It is right that the provisions are proportionate to the scale and size of premises and businesses, and that there is a link to the risk, but we do not want to see issues with the enforceability of the provisions, so I want to ask the Home Secretary and her team some questions in that regard.

The Home Secretary touched on the whole issue around the SIA, the regulator and the potential to enforce civil penalties, but we need to understand the practicalities, because she also highlighted that we do not want to put additional burdens on businesses through the work that has taken place already. If businesses are not stepping up—not learning from past mistakes and the recommendations of other inquiries—how will that be picked up? Penalties are one thing, but they should be the last resort; we need these institutions and organisations to put public safety and the practicalities first.

I hope that the Minister responding to the debate will talk about the impact on local authorities, including local councils and town parishes. What assurances can be given about the work under way with colleagues in the Ministry of Housing, Communities and Local Government to support local authorities to meet these obligations, including through training, and considering the implications, practicalities and scope? Will there be financial support for them? What support will be given to schools and educational institutions on their standard duty?

Given the existing measures that some premises have in place to ensure compliance with fire safety, health and safety, and crime prevention requirements, will the Minister look carefully at the interplay between those responsibilities so that the guidance is not complicated but consistent and comprehensive, and that we assist premises in minimising cost burdens while allowing them to work in an integrated way? One big lesson from Manchester, and Sir John’s inquiry and the reporting— we know this, as it was in the public domain—was that there was a lack of integration between the various services working together. That absolutely has to be recognised. We must ensure there is a golden thread running through all the services locally, so they know how to integrate and work together. The impact assessment gives an estimate of the overall cost of the standard duty and the enhanced duty over a significant period, but there is again the question of the practicalities: what does this really mean for the many organisations and institutions that will be involved?

I seek clarity from the Minister about the role of planning policy in delivering Martyn’s law. This is important; with changes in planning policy, we might be able to make changes to the way in which buildings are shaped and designed, and to what local authorities take on board. We might be able to ensure that the relevant authorities receive advice and guidance from the police on how to design out some of these issues and put in safety measures, and bring in developers to introduce good designs and new concepts, future-proofing many institutions, buildings and developments.

I will touch on the nature of terror incidents and the premises that need to be considered, because we need procedures to examine how best to prevent incidents from taking place and places from becoming targets. Monitoring and surveillance is second nature to our institutions, but there is also the question of how premises hosting events should respond to a particular threat or even anticipate an incident—what kinds of processes and procedures will such premises be undertaking? Perhaps the Home Secretary or the Minister could talk a bit about some of the discussions they have had with key sectors. Live venues and events were discussed earlier, but have they been consulted not just on how they will design these incidents out but on the practical measures—the kind of work that will be undertaken or the drills that will be put in place?

There are a lot of lessons to learn just from recent incidents. We saw what happened at London bridge in 2017, which differed from the Finsbury Park attack, the Manchester Arena attack and the Reading Forbury Gardens attack as well. It is important that the SIA, the regulator and the Government work to ensure that those responsible for premises and events have the full duty, and can go into their own planning and preparations in the right way.

I will mention one particular inquiry that is taking place, as it is in the news today: the inquiry into the 2018 Novichok poisoning in Salisbury of Dawn Sturgess, chaired by Lord Hughes of Ombersley. The Government will naturally be considering the harm and damage that that caused, because the actions of a hostile state led to the most atrocious and appalling deaths of innocent people in our country. It reminds us all that incidents come in all shapes and guises, and that we need to find better ways to protect the public and put public safety first.

I conclude by asking the Minister about support for victims of terrorism. The Home Office has been conducting an internal review into the support package available to victims of terrorism, and considering the introduction of a national day of service and tribute to victims of terrorism. Travis Frain, whom the ministerial team will be familiar with and know of, has been a long-standing and deeply passionate campaigner for that. Ministers prior to the election were looking at this matter as well, so we would welcome even a small update on the Government’s thinking regarding support for victims of terrorism and on some of the work that Travis was leading.

I note from the programme motion that the Government are keen for the Bill to complete its Committee stage by mid-November. To ensure it progresses quickly, I hope that Members across both Houses will ask the right questions and work in a practical way with the industry—we have not even touched on the insurance industry but I am sure that will all be covered in Committee—and look at how we can start providing public protection and safety sooner rather than later. I say this in my concluding remarks, particularly recognising that Figen Murray and others are here today watching the debate, because we owe it to them, to their families and to so many who have suffered and who have been waiting in anticipation for this legislation. We owe it to them to enact these measures in a practical way: to give them and the public confidence, as they look to us all to drive this legislation forward with positive outcomes, sooner rather than later.

Terrorism (Protection of Premises) Bill

John Hayes Excerpts

Report stage
Monday 9th December 2024 Commons Chamber

[Mike Tapp (Dover and Deal) (Lab)]

This legislation is a fitting tribute to Martyn Hett and the lives of 21 others that were tragically cut short in the 2017 Manchester Arena attack. It is also a testament to the tireless efforts of Martyn’s mother, Figen Murray, who has campaigned with such dignity and determination to ensure that no family endures the pain that hers has suffered. This Bill is about increased resilience for us as a country. It seeks to make our public spaces safer by requiring premises and events to take proportionate, practical steps to prepare for and mitigate the impact of a terrorist attack. It is about ensuring that if the unthinkable happens, lives are saved and harm is reduced. I speak with personal conviction on this matter. Having served in a counter-terror role, I have seen at first hand the devastating consequences of terrorism and the critical importance of the prior preparation that this Bill lays out. It is essential that our laws and systems keep pace with an ever-evolving risk.

[Sir John Hayes (South Holland and The Deepings) (Con)]

The hon. Gentleman is right to say that Manchester, in a way, stimulated or catalysed this legislation. It is bigger than that, but it is no more tragic, for it could not possibly be, as he has described. He is also right to say that terrorists are becoming more adaptable, so we have to adapt the way we deal with them. Legislation is part of that. It is difficult, because legislation takes a long time to perfect, if properly scrutinised in this House. The amendments that have been tabled today are an attempt to improve the Bill, not to frustrate it. Does he agree that the Minister and the Government will need to regularly review the provisions of the legislation—there is reference in the Bill to reviews, guidance and so on—and that that will become an ongoing part of how we deal with that increasing adaptability on the part of those who seek to do us harm?

[Mike Tapp]

I thank the right hon. Member for his intervention. Any threat that this country faces is continuously reviewed by the Ministry of Defence, MI5, the police and the Government, and we adapt our approaches to suit.

That brings me to the fact that since 2017, MI5 and the police have disrupted 43 late-stage attacks, yet we have seen 15 domestic terror attacks in this country. These incidents underline the ongoing and difficult nature of the threats. I am sure the whole House will agree that we have the finest intelligence services in the world, and we owe it to them to enable their work as much as we possibly can from this place. This Bill is another step towards achieving that. The approach it proposes is both practical and proportionate for small and large venues. I commend the Government for engaging widely in the development of the Bill and for working with businesses, local authorities and security experts to ensure that it is both effective and proportionate. It is right that we in this House support the Bill, and in doing so, we send a clear message that we will not only remember those we have lost but act decisively to protect those we serve.

[Jerome Mayhew]

Mention has been made during the course of this debate of cross-party consensus and what a good thing that is. In some senses that is absolutely right. We should have absolute cross-party consensus on honouring the memory of Martyn Hett and all those who were killed and injured in the Manchester Arena attack in May 2017, but I raise a note of caution because sometimes when we stop being adversarial in this place, we create legislation that is not as good as it could be. That is particularly the case where we have a very emotive issue such as this, and where there is a huge amount of personal sympathy across all the parties in the House. There is a risk that extreme circumstances provoke a natural reaction of saying, “Something must be done. This has to be prevented from ever happening again,” and we end up with bad law.

There is a good example of this risk in the Bill’s progression from its development under the previous Administration, through the election and out the other side. The initial intention of clause 2 was that the standard duty would apply to premises with a capacity to welcome 100-plus people. In my view, this would have had a wholly disproportionate impact on the kind of community buildings that I represent as a church warden, as well as on the village halls that we have already discussed. Pretty much every village hall has the capacity to accommodate 100 people. Every church, bar the very smallest chapels, can expect to welcome 100 people at a wedding or funeral from time to time. There is a tiny, infinitesimally small risk of terrorism in these typically rural areas, yet the previous Administration’s Bill would have imposed very significant costs and time commitments on volunteers. I have already mentioned a couple of times that I am a church warden and, again, I emphasise the risk of unintended consequences when we are all so keen to get on that we do not challenge each other.

[Sir John Hayes]

To reassure my hon. Friend on that subject, he will understand that those of us who have served on the Intelligence and Security Committee are fearless in holding Ministers to account, as this Minister will no doubt find out, and similarly fearless in challenging the agencies, which do such a wonderful job for us. He is right that the agencies need to be questioned appropriately and scrutinised fully.

On my hon. Friend’s second point, about proportionality, it is, of course, right that our response to risk measures the real character of that risk and is proportionate to it.

[Jerome Mayhew]

I am grateful for my right hon. Friend’s intervention, and I am reassured by his comments.

In a previous life, I was a barrister specialising in health and safety risk and risk management, and I was later the managing director of the leisure company Go Ape—Members might not have heard of it—and was responsible for the risk management of over 1 million customers a year. We could have killed every single one of them, so I am deeply familiar with the appropriate mechanisms for risk management. One risk that has to be taken into account is that, if the response is too great or too onerous for the assessed risk, people might not think it is reasonable, leading to omission.

Effective risk management requires mitigations to be put in place that bear some relation to the severity of the anticipated adverse event multiplied by its likelihood. I am very concerned that the previous Administration’s initial proposal that these duties should apply to premises with a capacity of as few as 100 people would have broken that association between a reasonable response and the assessed risk.

I am therefore grateful and impressed that the Government have listened and changed clause 2(2)(c) to raise the standard duty threshold to a capacity of 200. To my mind, that seems a reasonable compromise to protect smaller facilities, which are, of course, most likely to rely entirely on volunteers, and are unlikely to have the financial capacity to undertake the kind of paid-for training suggested by the Liberal Democrat new clause 2 or to have enough volunteers who are prepared to accept this additional burden on their free time. I think this strikes the right balance. However, I am concerned that paragraph (a) in clause 32 introduces a power, through regulations, to reduce the figure back down to 100 without giving a reason. Why is that?

I therefore support new clauses 25 and 26, which would set minimum thresholds of 200 for the standard duty and 500 for the enhanced duty. A cross-party approach has taken the Bill this far, and it is important that that approach is maintained.

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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.