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.