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.

--- Later in debate ---

[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.