Terrorism (Protection of Premises) Bill Debate
Full Debate: Read Full DebateLord Murray of Blidworth
Main Page: Lord Murray of Blidworth (Conservative - Life peer)Department Debates - View all Lord Murray of Blidworth's debates with the Home Office
(1 day, 16 hours ago)
Lords ChamberMy Lords, Amendment 8 similarly seeks to raise the threshold for mandatory compliance with the requirements of the Bill to
“300 people, or, if smaller”,
where
“the Secretary of State determines that the premises are at a heightened risk of terrorist attack”.
This is a more flexible measure than the amendments proposed by my noble friends, although I entirely agree with the sentiment of the speeches that we have heard from my noble friends Lord Frost and Lord Udny-Lister, and in an earlier group by my noble friend Lord De Mauley.
As the noble Baroness, Lady Fox, observed a moment ago, the Government were entirely right to increase the threshold from 100 to 200, but I suggest that 200 is still too low and will cause disproportionate expense and disruption to small businesses. In particular, I will focus on the potential impact on community volunteering.
In engaging in the balancing act of the protections which this Bill will afford, one must look at the history of the type of terror attacks that we seek to address. As my noble friend Lord De Mauley observed in his remarks, they are largely urban and at large venues. While the Minister is right to say that attacks can happen at any premises at any time, it is also right to say that there is a greater risk at certain types of venues and in certain locations, and that is borne out by the history of terrorist attacks. It is therefore incumbent, I suggest to the Committee, that this legislation adopts a flexible approach to risk. I have sought to reflect that in my Amendment 8.
I suggest that we must have a proportionate approach, or this legislation will have the effect of closing largely community venues, much valued by people up and down this country. One needs look only at the Home Office’s own impact assessment, produced with the Bill. At page 9, the authors note that among respondents to the survey of premises with a capacity of 100 to 299—the owners of smaller premises, places of worship, village halls and community centres—only four in 10
“agreed that those responsible for premises within the standard tier should have a legal obligation to be prepared for a terrorist attack”,
and
“Around half … reported that the revised requirements would be difficult to take forwards … Six in ten … were at least somewhat concerned that the cost of meeting the standard tier requirements will affect their organisation’s financial ability to continue operating”.
This Bill is a sledgehammer that is going to crack the nut of our village halls. I ask the Minister: if, two years down the line, after the implementation of these procedures, we find it is very difficult for village halls to find trustees and volunteers who are prepared to take on the legal obligations of the enforcement regime that this Bill imposes and those village halls start to close, what will the Government do to undo the damage wrought to our communities by the closure of these much-valued venues?
I strongly commend my amendment and a measure of flexibility to the Government and the Committee this evening.
My Lords, not for the first time in a debate on terrorism in your Lordships’ House, I have to say that I do not want to be the person who in a few years’ time says, “I told you so”. This Bill is about terrorism. If a terrorism act resulted in the deaths of 20, 30 or even two or three people in a hall that was holding a qualifying event that had 232 people, for example, in the audience, in both Houses we would be saying, “Something’s got to be done. We got this wrong”.
I remind your Lordships that one of the most notorious and most damaging terrorist attacks this country has ever seen took place in a public house in Birmingham. So the idea that we hold a sort of numbers auction on the capacity that qualifies under the Bill is, I am afraid, foolish and wrong. Indeed, I am very concerned about this debate on numbers, because it runs the risk of being part of a playbook for terrorists to read—and many terrorists do read very carefully, both on the internet and elsewhere, when they are making their decisions.
What is the noble Lord’s risk appetite for closures of community venues and village halls as a consequence of these provisions if the threshold is set too low?
That is what it means to consider your risk appetite: you consider the risk of something dreadful happening and the risk and the consequences associated with trying to address it. That is the choice we must make. I suspect that ultimately we are going to disagree on this. My risk appetite, because I do not really like being killed in the name of some terrorist or other ideology, is that I would prefer the number to be smaller; I would prefer it to be 100. I accept that some noble Lords opposite would rather see the figure set higher. We have a different view of the risk appetite.
My answer to all these amendments is that the Government have consulted widely and responded to that consultation. They have increased the number from 100 to 200. Personally, I am prepared to accept the risk judgment made by Government Ministers on that basis. That is the way in which we should approach it. We will all have different numbers in mind and different views of risk appetite, but ultimately we expect our Government to take a sensible, balanced risk appetite, and I believe that this is it.
Sorry, I left north Wales at 7 am, so it has been a long day already. The noble Lord, Lord De Mauley, mentioned the figure of 800. Why have we come to our figure? I can make all sorts of justifications. Two hundred takes into account the greatest number of large premises, so it is a figure that we have determined accordingly. We have to set the figure at a certain level and we have done so following the wide range of consultation that has taken place.
To what extent has the department made an evaluation of the impact on volunteering of the measures as they are currently proposed, with a threshold of 200? Does the Home Office have a threshold for the number of trustees that they think will go unfilled, or the lack of volunteering in community ventures and village halls, as a consequence of the threats and burden imposed by these measures?
The measures that we have accepted are part of the consultation that we have undertaken. The noble Lord was a Minister standing at this Dispatch Box in this department during the genesis of this Bill, so he will know that there has been wide consultation on these matters. Again, I point him to Clause 5 on public protection measures. Clause 5(3) refers to
“evacuating individuals from the premises … moving individuals to a place on the premises … preventing individuals entering or leaving the premises … providing information to individuals on the premises or at the event”.
Are those onerous issues? Or are they things that, even in our own assessment, are relatively low cost in terms of training? That relatively low cost is, essentially, in person hours when determining what those requirements are.
Again, we could fix a number. If I fixed the number at 300, 400 or 500, we would take even more premises out, but that would dilute the purpose of this legislation, which is to set good practice for the prevention of an attack when an attack is occurring and the steps that can be taken to save lives. People’s experiences—not mine, but those in the consultations of the public inquiry—mean that the 200 figure we have now settled on is the right one. I commend that figure to the House and hope that noble Lords will support it in due course when it comes to the final decision by this House before Third Reading.