Terrorism (Protection of Premises) Bill

Lord Davies of Gower Excerpts

Report stage
Tuesday 4th March 2025 Lords Chamber

Moved by

[Lord Davies of Gower]

1: Clause 2, page 2, line 11, leave out “from time to time” and insert “not less than once a month”
Member's explanatory statement
This amendment and the other in the name of Lord Sandhurst to Clause 2 seek to remove the reference to “from time to time” and provide a benchmark by which the attendance at a premises may be measured.

[Lord Davies of Gower (Con)]

My Lords, I rise to open this first group of amendments to the Terrorism (Protection of Premises) Bill on behalf of my noble friend Lord Sandhurst, who, unfortunately, is not in a position to be here today.

Although we do not wish to divide on Amendments 1 and 4, we have tabled them to seek further clarity and precision from the Government on this crucial area of the legislation. These amendments, proposed by my noble friend Lord Sandhurst, replace the vague phrase “from time to time” with the more precise

“not less than once a month”.

This change is more specific and tightens up some of the language in the Bill. If, say, a venue has 200 people once a year for a Christmas party but has fewer than 200 at every other point in the year, under this amendment that venue would not be covered.

The logic of this amendment is to ensure that the SIA is given a clear benchmark by which it can measure venue capacity. This avoids ambiguity, and I hope the Minister will agree that it improves the quality of the legislation. I eagerly await his response and hope to see some movement from the Government on this issue. I look forward to hearing from my noble friends Lord De Mauley and Lord Udny-Lister. I am sure that this will be a constructive and positive debate.

[Lord Udny-Lister (Con)]

My Lords, my amendment seeks to raise the qualifying premises threshold in this Bill from 200 to 500. This is a necessary and proportionate adjustment to ensure that the legislation is both effective and enforceable. At its core, this Bill is about ensuring that public venues take reasonable steps to protect the public from the ever-present threat of terrorism. This is a goal that we all share, but it is also our duty as legislators to ensure that any obligations that we impose are realistic, achievable and properly targeted. The current threshold of 200 is, in my view, too low. It captures far too many small businesses, community venues and organisations that simply do not have the resources to comply effectively with the security measures required under this legislation.

We must therefore ask ourselves what we are truly trying to achieve. If the Bill is about protecting high footfall venues that are most likely to be targeted, a threshold of 500 is much more appropriate. A venue that regularly accommodates 500 people is a significantly different proposition from one with just over 200. The former will have the infrastructure, resources and operational capacity to manage the enhanced security obligations that the Bill requires, whereas the latter will often struggle under the weight of compliance, detracting from the effectiveness of the legislation as a whole.

Moreover, this is a question of enforcement. By setting the threshold too low, we risk overburdening the enforcement agencies tasked with ensuring compliance. We should be concentrating our efforts where they will make the most difference: on larger, more high-risk venues, where the potential impact of an attack would be greatest. A threshold of 500 strikes that balance.

I also want to address the issue of fairness. Many small and medium-sized businesses are still recovering from the financial strain of recent years. The hospitality, entertainment and cultural sectors in particular have been hit hard. If we impose overly stringent requirements on smaller venues, we risk pushing them into further difficulties, leading to unintended consequences such as venue closures or reduced community engagement. This is not, therefore, about opposing security measures—far from it. It is about ensuring that these measures are appropriate for the size and nature of the premises they apply to.

I do not bring this amendment forward lightly. I support the principles of the Bill and I recognise the importance of making public spaces safer. However, legislation must be both proportionate and practical. The Government have not, in my view, provided sufficient justification for the 200-person threshold, and nor have they demonstrated that raising it to 500 would compromise security in any way.

On the contrary, I believe this amendment enhances the Bill by making it much more targeted and therefore effective. For these reasons, unless I hear a clear commitment from the Government today that they will reconsider their position, I will be dividing the House on this amendment. I urge noble Lords to join me in supporting a measured, proportionate and practical approach to this issue.

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[Lord Hanson of Flint (Lab)]

Again, I say to the noble Lord that the Government have made a judgment on the 800 figure, which we have estimated is just over £5,000 in cost, but this figure of 800, which the amendment of the noble Lord, Lord De Mauley, would change to 1,000, is a figure that probably impacts the Wembley Stadiums, the big theatres, the big venues. A £5,000 cost for that, which is what we have estimated in the impact assessment, would be a reasonable cost and would probably be consumed in normal training for staff, because most of those arenas hold full-time staffed events. For the 200 to 800 threshold, again, we have been looking at the whole question of what is reasonable. I think that 200 is a reasonable figure to assess on that.

However, we are going to disagree and, if we disagree and if the noble Lord wants to move his amendment, we will test the will of the House. That is what this place is about. I will see him in the Lobbies—reluctantly —if need be but I hope that he will understand why we have settled on the 200 figure to date.

Before I sit down, I must speak to government amendments 6 to 11, which make small technical amendments to the Bill and which follow reflection we have had at official level and ministerial level. The amendments further clarify how the Bill is intended to apply to premises and events. They do not change anything in the scope of the Bill but simply increase certainty about the premises in scope of the Bill. For example, private events such as weddings attended by relations and friends, or office parties attended by employees or customers, are deemed private events that are not attended by the public. The amendments make it clear, even more so than they did previously, that they should be out of scope.

I hope the noble Lord will not test the will of the House. But if he does, I urge my noble friends and anybody else who wishes to join us to vote him down.

[Lord Davies of Gower (Con)]

My Lords, this has been a relatively short but very good debate, and I thank my noble friends for their amendments in this group. Amendments 2 and 3 address the threshold for qualifying premises. My noble friend Lord Udny-Lister’s amendment proposes raising the threshold from 200 to 500, while my noble friend Lord Murray’s amendment strikes a balance by setting it at 300, with flexibility for the Secretary of State to make determinations in exceptional cases.

These amendments recognise the practical implications of compliance while ensuring that the duty to protect the public is both proportionate and effective. It is essential that this legislation targets venues most at risk while avoiding undue burdens on smaller establishments, and if my noble friend Lord Udny-Lister is minded to test the opinion of the House, we will support him.

Amendment 5, tabled by my noble friend Lord De Mauley, would adjust the threshold for enhanced duty premises from 800 to 1,000. This refinement aligns with the broader effort to ensure that security obligations are applied appropriately. Larger venues naturally pose greater security challenges. Amendment 5A, which similarly adjusts the threshold for qualifying events from 800 to 1,000, also makes sense to me.

The cost of compliance for events will be large and thus slightly raising the threshold will allow for greater focus and precision in what the Bill intends to remedy. If my noble friend Lord De Mauley intends to test the opinion of the House, we will support him.

On Amendments 6 to 11, tabled by the Minister, I acknowledge the suggested improvements, replacing “invitations” with “tickets”, and substituting “other” with “similar”. These amendments means that the public protection procedures will apply only when members of the public are in attendance and not at private events such as weddings. I am supportive of these amendments and thank the Minister for tabling them.

In conclusion, the amendments I have spoken in favour of today enhance the clarity, proportionality and practical application of the Bill. In the face of ever- present security threats, our legislation must be both robust and precise.

Amendment 1 withdrawn.

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[Lord Hogan-Howe (CB)]

I support what the noble Baroness, Lady Hamwee, and the right reverend Prelate the Bishop of Manchester have said about Amendment 25. This needs consistency. The danger, as well as the fact that these things can change quite quickly, is that the SIA would struggle to respond to a potential wave of applications, when the certainty that people require is probably on whether they are safe in a venue and whether there is an invacuation plan or an evacuation plan. These things can be predictable and consistent, so it would not be helpful to tie them to the thresholds. These thresholds move predictably in the sense that we can see the threat rising and events happening, but sometimes they are based on intelligence that is not always open to the public, and therefore a rapid change could lead to quite a lot of uncertainty in the operation of premises. That is not wise, either, so I cannot support Amendment 25.

[Lord Davies of Gower (Con)]

My Lords, I support Amendments 13 and 25, both tabled by my noble friend Lord De Mauley, which introduce much-needed flexibility and proportionality into the Bill. They recognise that a one-size-fits-all approach is neither practical nor desirable when it comes to public protection measures.

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[Baroness Suttie (LD)]

My Lords, in moving Amendment 16, I will also speak to Amendments 17 and 24A, in my name and that of my noble friend Lady Hamwee.

Amendments 16 and 17 are, as we debated in Committee, about the importance of training and guidance and ensuring the quality of that training. It is worth repeating that all the organisations we have spoken to about this Bill have stressed the importance of ensuring good-quality training; it was the one issue they all raised with us. This is perhaps particularly true for smaller events and premises, which have not necessarily previously had experience of drawing up plans for what to do in the event of a terrorist attack. As we discussed previously during the passage of the Bill, many larger venues have already put such training in place.

In Committee, the Minister gave some reassurances about training, but we have retabled the amendments to push him a little further on these matters. The previous draft Bill from the previous Conservative Government had a much more prescriptive approach to training. This has been removed, but it is vital that guidance on training is produced as soon as is practically possible, following consultation with the sector.

In Committee there was much discussion about the risks of expensive consultants—“snake oil salesmen”, as noble Lords referred to them. The sooner guidance is published, the less able such consultants will be to promote unnecessary or “gold-plated” training. Consultation with the industry affected by the provisions of the Bill will be key.

This brings me on to Amendment 24A. Consultation with those to be impacted will be the very best way to ensure that training is user-friendly, of a high standard and comprehensive, but not unnecessarily complex, and that guidance is written in plain, easy-to-understand English. I would be grateful if the Minister gave us further reassurances—he has already given some this evening—on full consultation with the sector to be impacted, including with small rural village halls, and the voluntary sector, as well as with big venues and the night-time and creative industries. Will he also commit, following that consultation exercise, to publishing guidance on training as soon as possible, and certainly well before the end of the rollout period of the Bill, which I believe is going to be two years? I beg to move.

[Lord Davies of Gower (Con)]

My Lords, I rise to address this group of amendments, which touches on critical aspects of training, funding, economic impact and consultation within the framework of the Terrorism (Protection of Premises) Bill. Although I cannot support Amendments 16 and 17, in the names of the noble Baronesses, Lady Suttie and Lady Hamwee, I express my strong support for Amendments 30 and 34 and will speak to Amendment 31.

Amendments 16 and 17 propose requirements for training in public protection procedures and would ensure that training providers meet high and competent standards. The importance of proper training in counterterrorism preparedness is self-evident. However, there are practical considerations regarding how such training is implemented, who bears the cost and how providers are accredited. Although these amendments highlight an important issue, further clarity may be needed to ensure that they are applied in a way that is both effective and feasible for those affected.

I fully support Amendments 30, 31 and 34 as they introduce essential provisions to ensure that implementation of the Bill is both fair and practical. Amendment 30, tabled by the noble Lord, Lord Udny-Lister, calls for additional funding for local authorities. This is absolutely necessary. Local authorities will play a crucial role in ensuring compliance with the new security measures, yet they are already under considerable financial pressure. Without adequate funding, we risk imposing responsibilities on local government without the means to fulfil them effectively. Security cannot be done on a shoestring budget. If we are serious about protecting the public, we must ensure that local authorities have the resources to do so.

Amendment 31, in my name, seeks to review the impact of the Bill on the night-time economy. This is a crucial safeguard: bars, clubs and entertainment venues are vital to the economic and cultural life of our towns and cities. Although security is of course paramount, we must ensure that the measures imposed by this legislation do not have unintended negative consequences, leading to excessive costs, closures and job losses. A structured review would allow us to monitor these effects and make adjustments if necessary.

Amendment 34, tabled by the noble Lord, Lord Cameron of Lochiel, proposes that businesses be properly consulted. This is a matter of both practicality and fairness. Businesses, particularly those in hospitality and events, will be directly affected by the Bill, and it is only right that they have a voice in shaping how its provisions are implemented. Engaging with businesses will not only improve compliance but will ensure that security measures are designed in a way that works for all stake- holders.

In conclusion, I urge the House to support Amendments 30, 31 and 34, which would provide essential financial support, ensure careful economic consideration and guarantee meaningful engagement for those most affected. A well-crafted security framework must not only protect the public but be practical, proportionate and sustainable.

[Lord Hanson of Flint (Lab)]

I am grateful for the amendments before us today. I hope I can give some comfort on at least one of the amendments during the course of our discussion.

Training is extremely important. I have been supportive of the need to make sure that those who have to have a role in the legislation—and the premises and events within scope of the legislation—are given sufficient training and guidance, so they understand how to follow the procedures and measures in the event of an attack. Such training will be imperative to ensure that procedures and measures are adequately implemented and that the Bill’s public protection objectives are met. However, the Government assesses that a one-size-fits-all approach to training would be inappropriate, due to the different types and wide variety of premises and events that fall within scope. The most important factor is that the public protection procedures are effective and that they will be able to be carried out at any particular event.

We have tried to ensure that the public protection procedures are suitably in place and that the responsible person ensures that relevant workers, or volunteers, are adequately instructed as to how to carry out a procedure. The procedures in Clauses 5 and 6 are relatively straightforward. We have been through them in a number of stages, in Committee and on Report. I do not wish to repeat them today. They are designed to be simple and low cost. It is about putting in place appropriate procedures that could help protect people from harm and ensuring that staff or volunteers are properly trained in those procedures and how to follow them.

For the overwhelming majority of venues, this should not require specialist training. As I mentioned previously, free guidance will be available. Given that the procedures and measures will need to be tailored to the relevant premises, the content of any staff training will also be very much venue-specific. A generalised scheme for certifying training providers, as proposed in Amendment 17, is unlikely to be helpful in the circumstances. Premises and events should not have to pay for any specific training and the relevant legislation should be easily understood and put in place without detailed training. The Government will ensure that free, digestible guidance, advice and training will be provided. I hope that helps with the first set of amendments.

On Amendment 24A, in the name of the Liberal Democrat Front-Bencher, the noble Baroness, Lady Suttie, much of the debate throughout the Bill has rightly focused on ensuring that those responsible for qualifying premises and events have both the time and information needed to ensure that they can plan and prepare for, and ultimately implement, what is reasonably appropriate for them under the Bill. I put on the record today that the Government will publish guidance well in advance of commencement the new regime. The Government will determine the exact timescale for this in due course, ensuring that we strike the right balance between publication and making the guidance as robust as it can be through a period of proper consideration and engagement. I would expect that to last for a few months prior to implementation.

The Government are therefore happy—I hope this helps the noble Baroness—to support Amendment 24A, from the noble Baroness, Lady Suttie, which will place a statutory duty to consult as appropriate before publication of the guidance under Clause 27. I hope that demonstrates the Government’s commitment to ensuring that we get the guidance right, by having a consultation, which will be well in advance of the implementation date and give an opportunity for colleagues across the sector to comment on the guidance that, potentially, is being published. I hope that is of further reassurance to the House.

Further amendments have been tabled. Amendment 30, in the name of the noble Lord, Lord Udny-Lister, was spoken to by the noble Lord on the Opposition Front Bench. I know that we are mindful of cost. We have discussed the cost issue on several occasions. Because of the Bill, there will be pressures on local authorities. It is not the Government’s intention for the Bill to frustrate the vital work they undertake. Our intention is to keep the public safe. I would like to reassure the House that the requirements for appropriate procedures and measures to be in place, as far as is reasonably practical, are designed to ensure that the relevant factors, including costs, are considered. Throughout our debates, “reasonable”, “practical”, “relevant” and “considered” are words I have used from this Dispatch Box and wish to re-emphasise today.

As we have discussed on a number of amendments today, it is envisaged that the requirements will be simple and low cost. Those in the enhanced tier will tailor the procedures and measures they implement to their particular circumstances. This includes consideration of the resources available to them. As a result, I do not believe that the Government should be looking at financial assistance.