Terrorism (Protection of Premises) Bill

Lord Murray of Blidworth Excerpts

Committee stage
Wednesday 12th February 2025 Lords Chamber

Moved by

[Lord Murray of Blidworth]

37B: After Clause 31, insert the following new Clause—
“Right to protest(1) Nothing in this Act is to be construed as infringing upon the right to protest, as protected under Schedule 1 of the Human Rights Act 1998.(2) The provisions of this Act shall not apply to protests or demonstrations, provided that such protests or demonstrations do not directly incite violence, threaten public safety, or disrupt essential services, and are conducted peacefully and lawfully in accordance with existing legal frameworks governing public gatherings.(3) This Act shall not be used to impede, restrict, or unlawfully interfere with the right of individuals to express dissent through peaceful means, whether in public or private spaces, so long as such activities are in compliance with the principles of non-violence, respect for others’ rights, and public order. (4) Any action taken under this Act that affects an individual or group’s ability to protest or assemble shall be subject to review to ensure that it does not unduly restrict fundamental freedoms.”Member’s explanatory statement
This amendment probes the compatibility of the Bill with provisions on protest under the Human Rights Act 1998.

[Lord Murray of Blidworth (Con)]

My Lords, in an earlier day of Committee, the Committee heard an exchange between my noble friend Lord Davies of Gower and the Minister. It was pointed out that political gatherings of more than 200 people quite frequently happen in Members of Parliament’s constituencies. Quite often there is a local issue, or indeed a national issue, that encourages public engagement. One of the features of this Bill is that it is striking that there has been no discussion about the impact of the measures in the Bill on the right to protest. That is an ancient right under common law but it is now found also, in part, in Articles 10 and 11 of the European Convention, as scheduled to the Human Rights Act.

One of the Bill documents produced by the Home Office—quite rightly—when this Bill was produced was the human rights memorandum prepared for the Joint Committee on Human Rights, of which I am a member. That document does not appear to engage with the question of whether this Bill will infringe or curtail any person’s Article 10 or 11 rights to protest. It is noticeable, given that omission from the human rights memorandum, that the Minister and his equivalent in the Commons certified on the front of the Bill that, in their view, it was compliant with the convention. I am afraid that I beg to differ with that analysis—at least to the extent of the amendment proposed on the Marshalled List today.

We will look at what the amendment does in a second. By way of background, it is important to point out that on 6 February this year, the Court of Appeal, presided over by the Lady Chief Justice, produced a judgment in the case of Sarti, Hall and Plummer against the Crown: 2025 EWCA Crim 61. The Court of Appeal considered, as part of the Just Stop Oil protests, appeals brought by individuals who had been protesting by closing Earl’s Court Road. The Court of Appeal, reversing or revising earlier decisions of the courts, determined that it was not necessary for a criminal court hearing a charge of this type to go through the elaborate proportionality tests required in the earlier Shvidler case, and therefore it was for the court to implement Section 7 of the Public Order Act 2023.

Noble Lords will be asking, “Why is all this relevant?” It is relevant for this reason: Section 11 in Part 2 of the Public Order Act 1986 imposes an obligation to notify the police in advance of the date, time and proposed route of any public procession or protest which is intended

“to demonstrate support for or opposition to the views or actions of any person or body of persons”,

or to

“publicise a cause or campaign”.

That obligation to notify the police is not addressed in any way in the provisions of Clause 3 of our Bill, which defines “qualifying events”, and it is not inconceivable to see that there may well be a situation where a public protest falls within the definition of Clause 3.

The Bill is silent about who may be considered the responsible person and who may be liable to regulation by the SIA. In fact, the whole thing is simply inapposite. But it is not inconceivable that, unless an amendment of the type that I propose in the Marshalled List is inserted, there is a risk—albeit, as I am sure the Minister will tell me, it is a small risk—that these measures might be used to curtail protest, or have the unintentional consequence of curtailing the democratic right to protest.

For those reasons, I draw the attention of the Committee to the provisions of my amendment. Clearly, the first proposed new subsection simply ensures, as a matter of construction, that nothing in the Bill should be viewed as curtailing those Article 10 and 11 rights. Similarly, it makes clear, in proposed new subsections (2) and (3):

“The provisions of this Act shall not apply to protests or demonstrations, provided that such protests or demonstrations do not directly incite violence, threaten public safety”,


et cetera. The third provision is:

“This Act shall not be used to impede, restrict, or unlawfully interfere with the right of individuals to express dissent”


or to protest. So, in that way, this measure will simply ensure that the Bill could not be misread by any future Government, or indeed by anyone. I can see no reason why His Majesty’s Government would not accept this amendment or something similar. I look forward to hearing some good news from the Minister. I beg to move.

[Lord Davies of Gower (Con)]

My Lords, I rise to speak in support of Amendment 37B, tabled by my noble friend Lord Murray of Blidworth. The amendment seeks to insert a new clause after Clause 31 to safeguard the right to protest, as protected under Schedule 1 to the Human Rights Act 1998. The amendment makes it clear that nothing in the Bill should be construed as infringing on the right to protest, provided that such protests are conducted peacefully and lawfully, do not incite violence and do not threaten public safety or disrupt essential services. Furthermore, it proposes that any action taken under the Bill that impacts the ability to protest or assemble should be subject to review to ensure that fundamental freedoms are not unduly restricted.

The right to protest is a cornerstone of any democratic society and one of the primary means through which individuals and groups can express their views, voice grievances and influence public discourse. Throughout history, peaceful protests have played a transformative role in shaping our society, strengthening democratic governance and securing fundamental rights and freedoms. From the suffragette movement, which fought for women’s right to vote, to more recent demonstrations calling for climate action and social justice, the ability to gather, express dissent and campaign for change has been essential to our democratic values. Indeed, the richness and resilience of British democracy have often been reinforced by the willingness of citizens to stand up and speak out when they see injustice or seek reform.

However, the context in which we now consider this amendment is one of heightened security concerns. The Terrorism (Protection of Premises) Bill rightly seeks to enhance public safety by imposing new security obligations on certain premises to protect against the ever-evolving threat of terrorism. As noble Lords will agree, this is a pressing and legitimate concern, and our duty to protect citizens from harm is paramount.

Yet, as we pursue this noble objective, we must be vigilant in ensuring that necessary security measures do not inadvertently erode the civil liberties that define us as a free and democratic society. The fight against terrorism must never become an excuse to undermine the very freedoms we seek to protect. Ensuring compatibility with human rights principles is not merely a legal obligation—it is a moral imperative.

This amendment provides much-needed clarity. It recognises that, although security is of the utmost importance, it must be balanced with the protection of democratic rights. The conditions it outlines are both reasonable and proportionate. They would ensure that protests remain peaceful, lawful and respectful of public order while preventing unnecessary or heavy-handed restrictions that could stifle legitimate dissent. The provision for review is particularly important. It would ensure accountability and create a safeguard against potential overreach by authorities. This is essential in preserving public trust, especially in the sensitive area of counterterrorism measures. If people perceive that security measures are being used to suppress dissent rather than to protect them, we risk undermining the very co-operation and solidarity needed to combat threats effectively.

Critics may argue that the amendment is unnecessary because existing legal frameworks already protect the right to protest. However, clarity within the legislation is crucial to avoid legal ambiguities or unintended consequences. By explicitly affirming the compatibility of this Bill with the right to protest, we would send a strong message that we value security and civil liberties equally and make it clear that security and freedom are not mutually exclusive but must coexist in a healthy democracy.

In practical terms, this amendment would also support public co-operation with counterterrorism efforts. When people see that their rights are respected and protected, they are more likely to trust and engage with security measures. Public trust is a critical component of effective counterterrorism strategies. A society that respects the right to peaceful assembly is one where people are more inclined to work with, rather than against, the authorities.

To be clear, this amendment would not weaken the Bill’s security provisions, or shield unlawful, violent or disruptive activities. Rather, it reinforces the principle that peaceful and lawful protest should not be treated as a threat to public safety or security. It provides assurance that this important legislation will not inadvertently target the exercise of democratic freedoms.

Moreover, we must consider the international dimension. The United Kingdom has long been regarded as a bastion of democracy and human rights. By enshrining protections for the right to protest in this Bill, we would reaffirm our commitment to those values on the global stage and demonstrate that it is possible to confront terrorism without compromising the fundamental freedoms that are the hallmark of a democratic society.

This amendment would strengthen the Bill by ensuring that it aligns with the fundamental principles of democracy and human rights. It would send a clear and important message that we can protect our citizens from terrorism without sacrificing the freedoms that define our society. Security measures that respect civil liberties are not only more just but more effective in fostering a cohesive and resilient society. I therefore urge the Government and noble Lords to support it. Let us demonstrate that we are committed to both safeguarding our citizens and upholding the principles that make this nation great. By doing so, we can ensure that our response to terrorism remains not only strong but principled, just and democratic.

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[Lord Hanson of Flint (Lab)]

I reassure the noble Lord, Lord Murray, and other contributors to this debate that I have been on a few demos myself. I have quite enjoyed them; they are part of the democratic right to oppose certain things. Although my demo days have gone for the moment, because, as a Government Minister, I support government policy, there may be occasions in the future when I want to go on further demonstrations. I do not anticipate this Bill or any other legislation—apart, perhaps, from the legislation put in place by the previous Government—curtailing that democratic right to protest.

I hope I can reassure the noble Baroness and the noble Lord that none of the Bill’s provisions are intended to interfere with people’s rights, which are protected by the European Convention on Human Rights, as set out in Schedule 1 to the Human Rights Act, including the right to protest. To be clear, the Bill aims to protect the public, not to infringe their rights. The noble Lord will note that something that I never expected to happen to me again happened with this Bill. On the front of it are the words:

“Lord Hanson of Flint has made the following statement under section 19(1)(a) of the Human Rights Act 1998”,


and, for the benefit of the House, I will repeat what it says:

“In my view the provisions of the Terrorism (Protection of Premises) Bill are compatible with the Convention rights”,


of which the right to protest is at the heart.

The noble Lord referred to a number of points around the undergrowth of the legislation and some of the clauses and schedules that he has concerns about. However, the front of the Bill says—and I put my name to it—that it is compatible with the convention of human rights. In my view, the measures are carefully developed to ensure it appropriately and proportionately captures the places and requirements of qualifying premises and events. In the development of the Bill, we have been mindful of its application to protests and demonstrations.

The expectation is that most demonstrations and protests will not fall within the Bill’s scope at all. They will not constitute “qualifying premises” under Clause 2, as they are not qualifying activities under Schedule 1. Even if they were, it would be unlikely that the premises would be wholly or mainly used for those purposes.

Some large demonstrations and protests may be qualifying events. However, many will not have to put in place the specific measure to check entry and, as a result, will not satisfy the criteria to be a qualifying event under Clause 3. An open access event, which is how I would term some of the demonstrations that I have been on, might have more than 800 attendees at a time—that number would be a good demonstration—and will not be within the scope of the Bill. Where demonstrations or events are within the scope of the Bill, it is right that the relevant provisions will apply. In some cases, large numbers of people will be gathered in a location where the organiser must have adequate control to consider and take forward appropriate security measures and procedures, so far as is reasonably practical.

I hope to reassure the noble Lord, His Majesty’s Opposition Front Bench and the noble Baroness, Lady Fox of Buckley, that, within the Bill’s scope, we are required to act compatibly with the European Convention on Human Rights and the Human Rights Act. I can say from this Dispatch Box that nothing in the legislation interferes with that.

I am grateful to the noble Lord for teasing out the discussion. I look forward to perhaps joining him on a demonstration, if we ever find shared common ground. But, for the moment, his pressing is valuable as it gives me the opportunity to say that he can undertake protests without worry about the Bill’s provisions—unless, of course, his protest falls within the scope of the Bill, in which case it is treated no differently from any other aspect of life that falls within the scope. I hope he will reflect on that and withdraw his amendment.

[Lord Murray of Blidworth (Con)]

My Lords, I am very grateful to my noble friend Lord Davies, the noble Baroness, Lady Fox, and the Minister. Obviously, the Section 19 declaration on the front of the Bill is a statement that, in the Minister’s view, it is compatible with the Act. As one of the very small number of Ministers who has signed a Section 19(1)(b) statement, which is to be signed in different circumstances, where you are not so confident, I can assure the Minister that such a statement of opinion is not conclusive. The courts regularly find that measures in Acts of Parliament—for example, in the recent litigation about the Northern Ireland legacy Act—are in fact incompatible, notwithstanding statements or declarations of compatibility on the front of the Bill.

Be that as it may, I have listened carefully to what the Minister has said, and I obviously agree with much of it, but I still wonder whether he might go back to the department and consider whether it is appropriate to put in just a short clause along the lines I suggested, to make crystal clear that the right to protest is not to be interfered with indirectly and unintentionally by the measures in the Bill. For now, of course, I am happy to withdraw my amendment.

Amendment 37B withdrawn.

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Moved by

[Lord Murray of Blidworth]

40: After Clause 34, insert the following new Clause—
“Tax relief incentives for security investments(1) The Secretary of State, in consultation with HM Treasury, must establish a tax relief scheme for qualifying investments made by businesses to reduce the vulnerability of premises to acts of terrorism at premises covered by this Act.(2) Qualifying investments include but are not limited to—(a) surveillance and monitoring equipment,(b) physical barriers and access control systems,(c) staff training on counter-terrorism measures, and(d) cyber-security infrastructure for venue security.(3) The scheme may provide tax deductions of up to twenty-five per cent for eligible security expenditures.”Member's explanatory statement
This amendment incentivises businesses to voluntarily strengthen their security infrastructure to reduce the vulnerability of premises to acts of terrorism by offsetting the financial burden through tax deductions. It encourages innovation and investment in counter-terrorism technologies while reducing reliance on public funding.

[Lord Murray of Blidworth (Con)]

My Lords, with some trepidation, I find myself leading the next group as well; I hope not to try the patience of the Committee. The Committee discussed similar suites of amendments in earlier groups. Amendment 40 is designed to seek to defray some of the costs of implementing measures made necessary by the effect of the Bill. As the Committee will have noted, it requires the Secretary of State to set up a tax relief scheme for qualifying investments. Those investments are set out at subsection (2), including

“surveillance … equipment … physical barriers and access control systems … staff training on counter-terrorism measures”,

and

“cyber-security infrastructure for venue security”.

We know that the costs of the measures in the Bill are estimated in the impact assessment at somewhere between £4.8 billion and £500 million, with the best estimate being £1.7 billion. If a measure similar to this were brought in, it would make cost-neutral to businesses the implementation of the measures in the Bill. Of course, there would be a cost to the Government, but this is, after all, a government policy.

My Amendment 45 seeks to do the same sort of thing but without the creation of a tax incentive. It would require the Secretary of State to provide grants or funding schemes for voluntary and community organisations. This amendment goes to my earlier group of amendments, seeking to mitigate the impact on voluntary and community organisations. This is quite similar to the debate about general funding that the noble Baronesses, Lady Hamwee and Lady Suttie, spoke to on the last day of Committee. I will not expound at length on that now, but I would be grateful if the Minister could outline what consideration was given to providing financial support to voluntary and community organisations, whether the Home Office considered the Bill’s impact on volunteering and people wanting voluntarily to run village halls and community centres, the Home Office’s estimate of any impact on recruitment—or whether the issue was not considered at all. If the Minister does not have the answer to hand in his bundle, I would be very grateful if he wrote to me. I would also like the Minister to outline what discussions have been had, if any, with the Treasury on creating a tax scheme of the type I advocate in Amendment 40. I beg to move.

[Baroness Manningham-Buller (CB)]

My Lords, I apologise in advance. The Minister will tick me off for this being a Second Reading intervention, and I should have been here on Monday to say it, but I would like briefly to give a small plug for an organisation that has not been mentioned at all at this stage: the National Protective Security Authority. This is an arm of MI5 which gives free advice on personnel security, physical security and other forms of security. It is informed by a knowledge of terrorist and state threats. It is based not only on the understanding of those threats but on commissioned research from universities. It will give advice for free—paid for by the taxpayer—to all sizes and shapes of organisation. When we are talking about the costs of this, and in the earlier stages about the so-called cowboys giving advice, I recommend that whoever is affected by this legislation looks at this website and seeks this free advice as their first step. I am sorry for the commercial plug and apologise for intervening at this stage.

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That covers, I hope, the financial support for businesses and community organisations. Both, I think, are answered by the fact that, even now, we assess that only 13% of the community and village halls that the noble Lord is concerned about will fall into the scope of the Bill. Raising the threshold from 100 to 200 has taken out a significant number of lower-usage village halls, et cetera. We have had to make that determination in response to consultations and Home Affairs Select Committee scrutiny, picking up the Bill that the noble Lord, Lord Murray, and others before me did a considerable amount of work on in the Home Office. We are coming to the point where simple, low-cost, cost-estimated primarily to time is where I would leave the noble Lord. The tax relief and financial grants are not really a direction of travel that the Government are going to go down.

[Lord Murray of Blidworth (Con)]

My Lords, I am grateful to everyone who spoke, and particularly the noble Baroness, Lady Manningham-Buller, for reminding us of the existence of that part of the security service. It could provide very useful assistance to the SIA, which, as we know from other groups in this Committee, is not really ready for the role that this legislation is going to thrust upon it. I have no doubt that that body at MI5 will be very helpful.

I am also grateful to the right reverend Prelate the Bishop of Manchester for supporting these amendments, and I share his sentiment that a large number of faith-based institutions that operate on a shoestring budget are going to struggle to implement the measures in the Bill. On the same theme, I wholly endorse the amendments from my noble friend Lord Udny-Lister, particularly in respect of small arts venues and theatres and, more generally, in terms of meeting the additional expenditure to be imposed on local authorities. As ever, I am grateful to my noble friend Lord Davies of Gower, who always speaks great sense.

The Minister makes many fair points. The Bill did pass through the Home Office when I was there, but I was the Minister for Migration and Borders. I know the Bill was the subject of considerable comment and constructive criticism by the Home Affairs Select Committee. The Home Office responded to the consultation and the Bill was reconsidered. There was a consultation paper and the decision taken to increase the threshold was done in light of the consultation that was launched by the last Government. I suspect that, had we been there, we would have made that sensible decision too. As I said in my earlier speech, I commend the Government for raising that threshold to 200.

That having been said, I do think the Government should ensure some sort of short-order post-legislative scrutiny to ensure that the burdens imposed by this legislation are not very damaging to our micro-businesses and small communities. I know there is always a measure of post-legislative scrutiny, but I would be very grateful if the Minister could write to me just to confirm what arrangements are in place in relation to this Bill—and, ideally, before Report, so we can consider how best to see whether there is an impact, as I fear there may be and, if there is, what measures we can take to ameliorate it. With that, I withdraw my amendment.

Amendment 40 withdrawn.