Terrorism (Protection of Premises) Bill

Lord Murray of Blidworth Excerpts

2nd reading
Tuesday 7th January 2025 Lords Chamber

[Lord Murray of Blidworth (Con)]

My Lords, as my noble friend Lord Udny-Lister identified, the principle that the first duty of government is the protection of its people is one that is redolent in this legislation. In an era when terrorism remains a persistent and evolving threat, as the Minister and the noble Lord, Lord Harris of Haringey, both noted, it is essential that we equip ourselves with the tools necessary to mitigate risk and enhance public safety. This Bill, by introducing a Protect duty, sends a clear message that safeguarding our citizens in public spaces is a shared responsibility. As the noble Lords, Lord Carlile and Lord Hogan-Howe, noted, this legislation completes the triangle of counterterrorism law and, indeed, it gives substance to what was previously a thinner field in the Prepare and Protect arena, as identified by my noble friend Lord Parkinson. All in all, this Bill is a significant step, but its practical implications warrant close scrutiny.

One of the most encouraging aspects of this Bill is its emphasis on partnership. Public safety cannot be the sole preserve of law enforcement or the intelligence services. Venue operators, local authorities and private security firms, together with the owners of establishments covered by this Bill, all have a role to play. However, to make this partnership effective, we must ensure that all stakeholders are properly equipped to meet the challenge. This includes access to training, resources and clear guidance on best practices. Prior to implementation, the Government should establish a comprehensive support framework to help businesses and organisations meet their obligations under this legislation. I understand that this is planned, but we have yet to have the detail. I have no doubt that the Minister will provide further detail on that in due course.

As was so well put by my noble friend Lady May of Maidenhead, the noble Lord, Lord Browne of Ladyton, and a number of other noble Lords around the House, there are significant concerns about the identification of the Security Industry Authority as the regulator in the context of this Bill. It may be that there are other bodies—for example, local authorities—which would be better at providing this regulation, and there may be an argument that it is consistent with the roles in respect of licensed premises. However, that can be explored further in Committee. At the least, as moved in the other place by my honourable friend Alicia Kearns, we believe that there should be a report reviewing the role of the Security Industry Authority as the regulator, to be laid before Parliament 18 months after Royal Assent. This would allow stakeholders to review and provide input on the appropriateness of the Security Industry Authority enforcing the measures in this Bill —in due course again reviewing whether their enforcement is done properly and to appropriate standards and ensuring that people attending venues are safe.

We also need to be alive to preventing the expansion in costs caused by gold-plating the provisions in these Bills in accordance with suggestions by consultants, about which we have heard so much across the House this evening and was particularly noted by my noble friend Lady May and the noble Lord, Lord Carlile.

In passing, I endorse the call by the noble Lord, Lord Carlile, that the House be shown at least outlines of the draft guidance, which is suggested in the Bill at Clause 12(2)(a), to be generated by the SIA, and the guidance to be generated by the Secretary of State in Clause 27. I also endorse the call that the Government provide an indication as to whether such guidance would be sectoral, for the reasons identified by my noble friend Lord Parkinson in his speech.

As the noble Lord, Lord Hogan-Howe, stated, the Bill provides an opportunity to leverage technology in our fight against terrorism. Advances in surveillance systems, AI and data analysis can play a critical role in identifying threats before they materialise. I therefore encourage the Government to look at ways to encourage innovation in this area. Could we, for example, incentivise the adoption of security technology? Could we establish a recognition scheme for businesses that go above and beyond in their security measures and in relation to measures and steps taken to address the problems in communication, as noted, again, by my noble friend Lady May and others? Such initiatives would not only enhance public safety but encourage a proactive security culture.

As my noble friend Lady Newlove made clear, one of the hallmarks of our society is the freedom of our citizens to gather and enjoy public spaces without fear. It is vital that, in our pursuit of public safety, we do not inadvertently stifle the very freedoms which we seek to protect. If I may echo the powerful points made in different ways by the right reverend Prelate the Bishop of Manchester and the noble Baroness, Lady Fox of Buckley, that is another way in which terrorism wins. This Bill must not lead to an environment of excessive regulation or create barriers for community events. It is all a balancing act.

I therefore ask the Minister to clarify how the Government intend to monitor and evaluate the impact of this legislation, post commencement, on civil society and volunteering. This goes directly to the issue which I have no doubt we will explore in Committee as to the threshold. I agree with many of the observations of the noble Lord, Lord Anderson of Ipswich. The House will want to look both at the threshold and at the power of the Secretary of State to lower that threshold.

Terrorism knows no borders, and our approach to security must reflect this reality. While the Bill focuses on domestic venues, we must not lose sight of the international dimension. The UK has a proud history of leadership in counterterrorism co-operation. How will the measures in this Bill align with broader international efforts? Are we sharing best practices in relation to the protection of public spaces with our allies and learning from their experiences? This exploration of factors is all part of the cool-headed approach encouraged by the noble Baroness, Lady Fox of Buckley, and I would endorse such an approach in Committee in this House.

Finally, I highlight the importance of community resilience. No piece of legislation can be a substitute for an engaged and vigilant society. This Bill provides an opportunity to foster greater awareness and preparedness at grass-roots level. Simple measures such as public awareness campaigns and community training programmes can make a significant difference. Empowering ordinary citizens to recognise and report suspicious activity is one of the most effective ways to prevent attacks.

The Terrorism (Protection of Premises) Bill is now a necessary piece of legislation. It reflects our commitment as a party to safeguarding the public and addressing the challenges of the modern age. However, as my noble friend Lord Frost observed, we must ensure that this Bill is implemented with care and foresight by fostering partnerships, embracing innovation, safeguarding freedoms and preserving community volunteering. We can create a security framework that is not only robust but reflects our values. We on these Benches look forward to working with colleagues across the House, as we have done hitherto, to ensure that this Bill delivers proportionately the protections that all our citizens deserve.

I have a few final questions to pose to the Minister. What assurances can the Government provide that businesses and venues will have sufficient time, importantly, and resources to comply with the new requirement before the penalties are enforced? Will implementation take place only when the relevant authority, possibly the SIA, is able to cope with the implementation of the provisions in the Bill? It may be that 24 months, although it is a period that has found some favour in the House, may not be long enough for the SIA to arrange its affairs such that it can administer the system. Is it right that the regulator would adopt a pragmatic and understanding approach to enforcement, particularly at smaller venues, at the outset of the commencement of the Bill’s provisions? Secondly, will there be specific government-funded training programmes to help smaller venues understand and meet their obligations under the Bill? Thirdly, is it intended that the new measures will integrate with other existing counterterrorism efforts on intelligence sharing and operational co-ordination?

On a specific point, there is a provision in the Bill for enhanced-tier premises to submit revised security plans to the SIA whenever they are changed or created. As my noble friend Lord Parkinson noted, there are concerns about the routine provision of these highly sensitive documents to the SIA. Would it not be better simply to have a dip-sample approach, such that every premises has to update its plan and make it available for a spot check by the SIA? This would have the benefit of reducing the administrative burden on both the participants and the SIA. No doubt that can also be explored in Committee. Finally, will the Government keep these measures under review to ensure they continue to strike the right balance?

While I look forward to the Minister’s responses, I also look forward to continuing the co-operative and iterative cross-party process that the Bill has hitherto enjoyed. I am sure that it will achieve its vital aims effectively and fairly in the end. It is a matter of grave regret that we need to have such a Bill, but it is clear, given the present and enduring terror threat, that we need such a Bill.