Terrorism (Protection of Premises) Bill

Debate between John Hayes and James Cleverly

2nd reading
Monday 14th October 2024 Commons Chamber

[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.

Investigatory Powers (Amendment) Bill [Lords]

Debate between John Hayes and James Cleverly

2nd reading
Monday 19th February 2024 Commons Chamber

[James Cleverly]

I listened carefully to the right hon. Gentleman’s point. I am not sure it is directly relevant to this matter, but I take on board the points that he makes. He will forgive me if I do not address them directly at this point; I want to consider them properly.

The IPA is sound legislation, but the nature of these threats has evolved since 2016, and we are confronted by greater global instability and technological advances, and they demand that we act. Terrorists, child abusers, organised criminals and malign actors from hostile states have exploited technological advances. Our job is to ensure that the UK’s investigatory powers framework remains fit for purpose. The changes that this Bill proposes were informed by the independent review of the IPA published by Lord Anderson of Ipswich in June 2023. The Bill received cross-party and Cross-Bench support as it passed through the other place. Every Government amendment was accepted, and I thank the members of the Intelligence and Security Committee of Parliament for the productive way they engaged with and helped to shape the Bill.

In particular, we have agreed to tighten the drafting of clauses 22 and 23 in line with amendments proposed by the Intelligence and Security Committee. Those changes put beyond doubt that the Prime Minister may delegate warrants for the purposes of obtaining communications of parliamentarians in two, and only two, exceptional circumstances: the personal incapacity of the Prime Minister and a lack of access to secure communications. There is also a limit of five Secretaries of State to whom this responsibility could be delegated in those circumstances. Further to that, in respect of new part 7A, parliamentary scrutiny will be enhanced through a statutory requirement for the Secretary of State annually to inform the Intelligence and Security Committee about the new regime for bulk personal datasets.

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

My right hon. Friend mentioned the ISC’s scrutiny of these matters. He will understand the concern about widening the number of people who can play the role previously played exclusively by the Prime Minister. I understand the reasons for that, but has he considered limiting that to those Secretaries of State who have warranting powers?

[James Cleverly]

We looked at that. There is a balance to be struck, and actually the bulk of those Secretaries of State to whom the function could be delegated in those two exceptional circumstances do have warranting powers—I think the Secretary of State for Defence is the only one who does not. My right hon. Friend’s point is a fair one, but the scope of the Bill is not much greater than that.

UK-Rwanda Partnership

Debate between John Hayes and James Cleverly

Wednesday 6th December 2023 Commons Chamber

[James Cleverly]

It is a shame that the hon. Lady’s comments are clearly based on what I can only assume is a cursory and superficial skim of the legislation. She criticises it for a number of things that are not in the legislation, so I will forgive her for the fact that she did not take the time to read it properly. We are absolutely committed to human rights. We were one of the founders of the European Court of Human Rights and our commitment to abide by international law is unwavering. It underpins the relationship we have with Rwanda and I can assure her that it will remain at the forefront of our thinking throughout. And she might reflect on the appropriateness of throwing the word fascism around when we are bringing forward a Bill on which every Member of this House will be allowed to vote, because we are in a democracy.

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

The new Home Secretary will be aware and welcome the fact that he will be gauged, indeed judged, on the effectiveness of this legislation for weeks, months, years and perhaps even decades. Will he confirm that the provisions in the Bill are sufficient to resist individual challenges from those who might be sent to Rwanda, and the interest groups and the deluded dodgy lawyers who support them? In particular, will he speak specifically about the disapplication of rule 39?

[James Cleverly]

The right is for Ministers to decide on our response to a rule 39 application. That is in the Bill. My right hon. Friend is right that this sets important precedents. The precedent we want to establish is that the people who wish to live and work in this country should do so through the numerous safe and legal routes that we have established; that those people who put themselves in the hands of evil, vile criminal gangs and people smugglers should not expect to be here; but that we work with safe third countries, such as Rwanda, to ensure that those people who are removed from here still have their human rights respected and are homed in a country that respects their human rights. That underpins the Bill, that underpins the treaty that the Bill supports, and that runs through the heart of all the actions and decisions we will make in our response to illegal migration.

Oral Answers to Questions

Debate between John Hayes and James Cleverly

Monday 16th November 2015 Commons Chamber

[James Cleverly (Braintree) (Con)]

T4. A marauding terrorist firearms attack of the type we saw in Paris is a scenario the security services, police forces and others have trained and exercised for over a number of years. Will the Security Minister update the House on what lessons we might be able to learn from the terrible incidents in Paris to further protect the people of Great Britain?

[Mr Hayes]

There is always more to be learned from such events. The threat we face is dynamic, not static. France is one of our closest allies and we are working closely with it. The UK has a comprehensive approach to preparing for such tragic incidents, as demonstrated by the firearms exercise Strong Tower. As soon as the attacks happened, the police and agencies took steps to maintain the security of the UK. Prepared, fearless and certain: that is how we stand.