Terrorism (Protection of Premises) Bill

Lord Hogan-Howe Excerpts

Report stage
Tuesday 4th March 2025 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, these Benches welcome the government amendments to Clause 32, in particular Amendment 28 on consultation, which we were very keen to see written into the Bill when we debated it at previous stages.

Amendment 13 starts from the point of view that the measures in the Bill are inappropriately burdensome, as we discussed in the previous group. In fact, proposed new subsection (2) in Amendment 13 would be burdensome on applicants and the Secretary of State. It uses the words “demonstrated” and “materially”; these things all require some judgment and work. In particular, the Bill does not seek to

“materially reduce the threat of terrorism”,

as we have discussed. The public protection procedures in Clause 5 are more than a single measure.

As I understand the way that the Bill will work, with premises being different there is bound to be some dialogue between the owner or operator and the SIA in assessing whether they are compliant. That is the time to make these assessments. I do not think it will be a box-ticking exercise, at any rate to the extent that has been suggested. The process will get people to think—a word used by the noble Baroness, Lady Fox —when they are planning the procedures. I hope she will invite noble Lords to come and see the Buckley procession, but the problem there sounds to me more like a problem with local authority funding than anything which arises from this Bill. The words “flexibility” and “agility” really worry me; this will create a lot of work for people. So our main objection to Amendment 13 is that it is neither appropriate nor, frankly, workable and we cannot support it if the noble Lord decides to divide.

Amendment 25 is on the national threat level. I do not want to say that it goes up and down like a yo-yo, because clearly it does not, but it does go up and down and so, again, I think it would be unworkable given the criterion. The right reverend Prelate used the word “confusion”, which was the first word I wrote down against this amendment. We know that owners and operators want clarity and certainty, so, again, we cannot support this amendment. I really cannot see how it could work because, when the national threat level changes, it happens quite immediately, so to change arrangements as the amendment proposes would take time. I just cannot see how it could operate.

[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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Moved by

[Lord Hogan-Howe]

32A: After Clause 34, insert the following new Clause—
“Counter-terrorism measures in planning law(1) The Secretary of State must consult with local authorities on integrating counter-terrorism measures into the planning and design of new buildings which are likely to be designated “qualifying premises” for the purposes of this Act.(2) Following that consultation, the Secretary of State must introduce measures to ensure the incorporation of anti-terrorism design principles in new building projects, particularly those in high-risk areas, where the buildings in question are likely to be designated “qualifying premises” for the purposes of this Act.”Member’s explanatory statement
This amendment was tabled as Amendment 43 at Committee stage.

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[Lord Hogan-Howe (CB)]

My Lords, I beg to move the manuscript amendment standing in my name on the Order Paper. I will be quite brief and I do not intend to push it to a vote. My reason for bringing the amendment forward—it is a repeat of the amendment tabled by the noble Lord, Lord Udny-Lister, in Committee—is because it is fundamental to the aim of the Bill, which will become an Act. It is about the design of new premises.

One of the most strategic things that can happen is to ensure that premises are designed to mitigate the effects of a terrorist attack or, ideally, to prevent it altogether. To be fair, the Minister reassured us in Committee that some action would be taken. It is not that I was not reassured by the Minister, but I was not reassured by the Government’s response in two respects: first, when that change would happen and, secondly, the method by which the advice to planners would be effective. I thought the best way to change that might be in this Bill, not some future one.

It is so important that we design places to enable evacuation and invacuation, and to reduce the risk of a rampant gunman running around a building—all of which is entirely possible by design, particularly in new venues. I would not propose this for every venue but certainly for our major venues—perhaps the 1% of our venues that account for a very high percentage of the people who attend public events and, frankly, will be the priority targets for terrorists, as that is where they will achieve, in their warped view, the most impact by creating public outrage.

For those reasons, I would like to hear how the Government intend to implement this type of design change in a way that, I hope, can be more reassuring than I heard in Committee. This is nothing to do with the Minister but entirely to do with the Government’s response.

[Lord Udny-Lister (Con)]

My Lords, I will speak, briefly, in support of the noble Lord, Lord Hogan-Howe. I do not want to repeat everything I said previously, but it is important. I know the Minister will say that this is not the appropriate Bill, but the trouble is that there is never an appropriate one, and therefore we keep on missing the opportunities of starting to design out terrorism and crime from the very start. So I would hope that, after this, the Minister will at least take this on board with his colleagues and try to push hard for people to start thinking seriously about doing this for new developments, particularly larger ones.

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[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lords, Lord Hogan-Howe and Lord Udny-Lister, for raising this matter both in Committee and on Report. The amendment today is a late addition but it is welcome none the less, because it allows me to put on the record a couple of very key points.

I will not revisit the debate we had in Committee, but I did say then that the national policy framework for England and its equivalent in the devolved Governments already contains provision on the need to promote public safety and take account of wider security arrangements during the planning process. That requires local planning authorities to take information from the police and other agencies and to consider steps that could be taken to reduce vulnerability, increase resilience and ensure public safety and security.

There is also associated planning practice guidance providing greater detail. But I get the sense, and I understand where both noble Lords are coming from, that it is far better to design out that challenge in future new build than it is to put in place other measures downstream. As was mentioned in Committee, there is the National Protective Security Authority, and counterterrorism police will continue to serve as valuable advisers on these issues. But since Committee, and this is where I hope I can help both noble Lords, we have reflected on this as an important issue. My officials have discussed the matter further with their counterparts in the Ministry of Housing, Communities and Local Government, and we want to consider how we can reinforce planning authorities with the existing arrangements and requirements to consider security and its importance as part of planning regimes.

It might be helpful for me to say very quickly that the Government are updating their National Design Guide and National Model Design Code, which provide guidance on the very issues that the noble Lords, Lord Udny-Lister and Lord Hogan-Howe, mentioned on safety and security in public spaces. The plan is that they will be published later in the spring.

The Government intend to consult on changes to the national planning policy guidance, to make it clearer and to introduce a more rules-based approach, in spring 2025. The consultations will specifically include policies for addressing security—the very points that both noble Lords have brought to the attention of the House in this amendment, and on which we had a full debate in Committee.

To conclude, I will say what the noble Lord said I would say, which is that this is not the appropriate vehicle for this legislation. That is what Ministers say occasionally at Dispatch Boxes and it is the right thing to do in this instance. But I hope the reassurance that I have given to both noble Lords, that this is on the Government’s agenda and that there will be a consultation that noble Lords can feed into, addresses the points raised by the noble Baroness, Lady Suttie, and by the two noble Lords who spoke on this matter in Committee and today. So I hope that the noble Lord will not press his amendment.

[Lord Hogan-Howe (CB)]

I thank noble Lords for such a generous response to such a late amendment. I appreciate it, and I am reassured by what the Minister has said. I heard the timeline, and I can see why these things need to be considered carefully. With that reassurance, I beg leave to withdraw my amendment.

Amendment 32A withdrawn.