Terrorism (Protection of Premises) Bill

Debate between John Hayes and Dan Jarvis

Report stage
Monday 9th December 2024 Commons Chamber

[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.

Prevention and Suppression of Terrorism

Debate between John Hayes and Dan Jarvis

Wednesday 22nd May 2024 Commons Chamber

[Dan Jarvis (Barnsley Central) (Lab)]

I thank the Minister for his remarks. It is always good to see him in his place. At the outset, I want to put on record that we on the Opposition Benches believe national security—the defence of our homeland—is an issue that as much as possible should rise above the political fray and unite us in common cause.

Given that this statutory instrument relates to Scotland, I think it is right that we take the opportunity to pay tribute to the extraordinary Scottish men and women serving in government, our intelligence services, our police and our armed forces who work tirelessly from Land’s End to John O’Groats to keep Scotland and all of the United Kingdom safe. These men and women protecting our country must of course work within legislative frameworks. Today, we are debating the Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Revised Guidance) Regulations 2024 in the Chamber, some seven months, as the Minister said, after we debated a fairly similar statutory instrument to update the Prevent duty guidance in England and Wales.

Before I turn to the details of the statutory instrument before the House on the updated Scottish Prevent duty guidance, I want—with your indulgence, Madam Deputy Speaker—to very briefly put on record my great affection for Scotland. Home to beautiful highland countryside from Glen Affric to Glen Urquhart, breathtaking coastline from the Mull of Galloway right the way round to St Abb’s Head, and bustling cities on the Clyde, the Forth, the Dee and the Tay, Scotland is a truly special place. Add to that the fact that Scottish people are some of the most warm-hearted and generous people anyone could wish to meet, and I am so proud that Scotland stands shoulder to shoulder with the rest of our United Kingdom to counter the threats of an increasingly more volatile and polarised world.

[Sir John Hayes]

I am slightly hesitant about interrupting this eulogy to all things Scots, but has the hon. Gentleman noted that a Scot has just taken the Chair?

[Dan Jarvis]

I had made that observation, and that in part gave me the confidence to continue going perhaps longer than otherwise might have been the case. I sense, given the beady eye you have on me, Madam Deputy Speaker, that I should probably—

Investigatory Powers (Amendment)Bill [Lords]

Debate between John Hayes and Dan Jarvis

Report stage
Monday 25th March 2024 Commons Chamber

[Dan Jarvis]

The right hon. Gentleman has made two important points, both of which I agree with, about redaction and about the attendance of the Prime Minister. I do not think it unreasonable to expect that once a year the Prime Minister should seek to meet what is a very important cross-party Committee of this House. I should be happy to give way to the Minister should he wish to add his own views on this matter, but given the basis of my sense of where the House is and given previous debates, I think most Members will agree that it is not unreasonable to ask the Prime Minister to turn up once a year.

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

The hon. Gentleman’s point is made more potent by the fact that the matters the ISC considers are not typically—in fact, not at all—partisan. It operates on a non-partisan basis, although of course its members are drawn from both sides of the House, and the material that it studies is not seen through a party-political prism in any way; this Minister has engaged in sensible and meaningful discussion with members of the ISC in exactly that spirit during the passage of this legislation. Similarly, a meeting with the Prime Minister would be conducted in a way to which I think no Prime Minister could reasonably object .

[Dan Jarvis]

The right hon. Gentleman speaks about these matters with a great deal of authority, not just as a member of the Committee but as a former Security Minister, and I think he has described the situation very well. I hope the Prime Minister is listening; I hope the Prime Minister accepts what I consider to be the reasonable and constructive invitation that has just been extended to him by the right hon. Gentleman; and I hope the Prime Minister does take the opportunity in the near future to sit down with the ISC and discuss what are, after all, very important matters.

New clause 2 would ensure that an annual report was published on measures in the Bill, and in the Investigatory Powers Act 2016, to defeat and disrupt technology-enabled serious organised crime and technology-enabled threats to our national security. We tabled the new clause because we must ensure that the law is always one step ahead of those who seek to harm us. The police and the security services are not best able to protect us today with the laws to counter the threats of yesterday, which is why we support this Bill to update the 2016 Act, which is now eight years old, but there is an opportunity to go further. The annual report proposed in the new clause would help to ensure that any changes required to primary legislation relating to investigatory powers were identified and implemented as quickly as possible. That would strengthen our legislative framework on national security, and weaken the capability and resolve of criminals and our adversaries.

I think that this is a genuine opportunity for the Government to work better with, and to constructively challenge, telecommunications operators and the wider communications technology industry on the requirements to use investigatory powers—a process that would be separate from the new notices regime included in part 4. A statutory requirement to produce an annual report on investigatory powers to counter threats to our security and safety would strengthen national security, as well as strengthening the oversight and safeguarding of measures to keep us safe. Those are two principles that guide this Bill and the 2016 Act, and that is why we will seek to push the new clause to a vote later this evening.

Investigatory Powers (Amendment) Bill [ Lords ] (First sitting)

Debate between John Hayes and Dan Jarvis

Committee stage & Report stage
Thursday 7th March 2024 Public Bill Committees

[Dan Jarvis]

I am grateful for the Minister’s response. I have to say, I am struggling to think of a scenario in which it might be necessary and proportionate to examine the marked electoral register. This is something we will reflect on.

[Sir John Hayes]

I broadly support the Minister’s view of this, but the easiest way to establish the case for this is to be clear about its operational purposes. Clearly, one would not expect the Minister or the agencies to speak about the specifics of operations, but dealing with the operational purposes would help the shadow Minister and the Committee. I am sure the Minister would be happy to do that in broad terms, either now or in writing. It would be really helpful to go through the kinds of operational purposes associated with this inquiry. I do not know what the Minister and the shadow Minister think, but that is how I see it.

Oral Answers to Questions

Debate between John Hayes and Dan Jarvis

Thursday 19th October 2017 Commons Chamber

[Dan Jarvis (Barnsley Central) (Lab)]

16. What recent assessment he has made of the equity of the distribution of regional transport infrastructure investment.

[The Minister for Transport Legislation and Maritime (Mr John Hayes)]

The most recently published statistics on the distribution of regional transport infrastructure investment appear in Her Majesty’s Treasury’s “Country and Regional Analysis November 2016”.

[Dan Jarvis]

In response to a question from my hon. Friend the Member for Kingston upon Hull North (Diana Johnson), the Secretary of State seemed to cast doubt on the existence of inequalities in regional infrastructure spend. He should know that Yorkshire and the Humber has the lowest per capita regional infrastructure investment in the country at just £190 per head, compared with £1,900 per head in London. What are the Government going to do to address that basic unfairness?

[Mr Hayes]

I always try to be helpful in the Chamber, and I know that the hon. Gentleman is doing his best, but a lot of what has been published about this is, quite frankly, just wrong. He may be drawing on the Institute for Public Policy Research North figures, which do not take account of the whole picture. They consider only 40% of the national infrastructure pipeline, exclude schemes that cross regions and ignore the majority of smaller transport schemes. He is a diligent constituency MP, so he will know that they do not include—perhaps he has not factored this in either—the work that is being done on local roads at junction 36 of the M62. I hope that when he stands up to speak again in this Chamber, he will welcome the Government’s commitment to his area of the north of England.