Terrorism (Protection of Premises) Bill (Second sitting)

Debate between Kirith Entwistle and Chris Murray

Tuesday 29th October 2024 Public Bill Committees

[Chris Murray]

Q Thank you for what you have set out. We have heard in the sessions about how some wanted to be at a lower threshold and some at a higher one. I can understand that you have to pick a number somewhere in between, so it makes sense in how you have set that out.

On compliance and how you are dealing with organisations that do not comply, obviously the hope would be that as many organisations as you come across are complying and doing this kind of thinking already. We have heard about how things like licensing regimes pretty much encourage a lot of organisations to do compliance. Can you talk about why you have set the threshold for non-compliance at that maximum and what the process was in deciding that?

Debbie Bartlett: In setting out the compliance and sanctions regime, the decision was taken—looking at the heart of the Bill, which is proportionality—to have a primarily civil sanctions regime in place. The key role for the regulator, as has been discussed today, is around educating, bringing people up to standard and improving protective security and organisational preparedness across the country. Obviously, to enable that regime to have teeth, there needs to be some kind of compliance and sanctions regime in place. The sanctions regime allows for flexibility. We have heard from significant witnesses today that this cannot be about one size fits all. We are talking about an extensive number of sectors with different operating models, different ways of working, different staff ratios and so on. There has to be flexibility in all parts of the Bill, including compliance.

Setting the compliance regime where we have, at the £10,000 maximum for the standard tier and the £18 million or 5% of worldwide revenue for the enhanced tier, mirrors some regulatory regimes in this space, so it is not unheard of. It also gives us the flexibility because when you consider the enhanced regime in particular, you are looking at venues that could go from 800-person capacity right through to 100,000-person capacity. That is quite unique in terms of what their revenue structures and so on will be in terms of how they will differ.

The regulator will have the ability to consider what is best when thinking about compliance and what can be imposed on a venue or an event. One of the things that they can take into consideration is the ability of the responsible person to pay the revenue costs. That will have to be considered. It is about giving us maximum flexibility because, as we have said, one of the challenges around this legislation is the uniqueness and the number of venues and the number of operating models that we are trying to consider.

[Kirith Entwistle]

Q How are the Government working with bodies within the scope of the Bill to plan and prepare for its implementation, and will there be enough time for organisations to prepare?

Dan Jarvis: Yes, we are confident that there will be enough time. Following Royal Assent, we expect the implementation period to be at least 24 months, and given the extensive consultation with stakeholders that has already taken place, that is very much a live process. It is not a process that will come to an end; it will continue throughout.

Having looked at this very carefully, the Home Secretary is particularly keen to ensure that we have an implementation period that will allow ample time for those businesses that will be affected to prepare properly. Yes, we are confident that all of the relevant safeguards are in place, but it is important that we continue to engage with businesses and other stakeholders.

That has been a productive process. As I have said, there have been two public consultations and I think there have been more than 100 stakeholder engagement events, with hundreds of businesses being engaged throughout that process. That will continue and we will make sure that all those businesses have the information that they require to implement the legislation.