Terrorism (Protection of Premises) Bill Debate

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Department: Home Office

Terrorism (Protection of Premises) Bill

Lord Udny-Lister Excerpts
Lord Udny-Lister Portrait Lord Udny-Lister (Con)
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My Lords, the very fact that we are discussing this topic today highlights that we are living in dangerous times and that we have a fundamental problem in this country when it comes to security.

Government’s first and foremost duty has always been to protect the public, and while the Bill laudably aspires to do just that, as with any draft legislation of this magnitude, there are a significant number of areas that require much greater clarity and careful scrutiny as the Bill progresses through your Lordships’ House.

I fear that I am going to sound a little more negative than many speakers this evening. I fully acknowledge that the Minister has considerably improved the Bill from some of the early drafts I have read, and he has gone a long way to answering a lot of the questions, but there are still a number of very difficult issues.

I start by touching on the changes the Bill proposes to make to the Licensing Act 2003. I fear that the House needs better to understand from the Minister how the integration of security duties into licensing requirements could place additional responsibilities on local councils, or on the already pressured court and enforcement systems. While councils and councillors are more than accustomed to managing licensing regimes, the Bill could impose further burdens on already under-resourced councils, including the need to oversee compliance with enhanced security measures. I therefore ask the Minister to outline how the Government intend to support local authorities with these changes, and what will be expected of the courts or existing local authority licensing regimes in implementing the proposed changes.

Furthermore, we need to better understand how the Security Industry Authority and the Licensing Act will work together to ensure there is no duplication or conflict. Co-ordination between these frameworks, and their practical implementation, will be critical. If the Government intend to use the SIA, there is a real risk of overlapping responsibilities with other bodies, and the Bill as drafted does little to explain how these responsibilities will be allocated. Will the Government provide clearer guidance on how the organisations involved in the implementation of the Bill will work together, rather than hinder one another, and how will the Government ensure that they support the bodies that will have new powers or responsibilities under the legislation?

If the SIA is to become the regulator for this new duty, we must consider the practical implications. How will venues and event organisers differentiate between inspections for compliance with this duty and standard SIA inspections? I am particularly concerned about the powers of entry. If my understanding is correct, SIA inspectors do not currently operate under the Regulation of Investigatory Powers Act 2000, so the Government will need to clarify whether they or another body will be granted additional powers for the purposes of the Bill, or whether these inspections will rely on existing frameworks.

If the power of entry or RIPA will not be used, who will be the authority responsible for ensuring that building owners comply? Surely the courts and councils will not have these responsibilities, unless more funding and resources—particularly for training provision—are provided by the Government. The House would benefit from the Minister’s clarification of these points, as the need for security measures must always be balanced with the need to ensure that the rights and liberties of both businesses and individuals are protected and maintained.

I also worry about the cost of the Bill and the financial burden that the draft legislation could place on businesses across the UK, which are already working to balance the books under extreme rising costs. To implement these requirements, businesses face costs of between £3,000 and £52,000. As a result, some businesses could be unable to afford to adapt. I am therefore seeking today from the Government an understanding of any finance that may be available to support businesses with initial adaptations to the legislation.

Additionally, I would like to hear from the Government about the possibility of improving planning law—either through this Bill or through additional means—to ensure that the design of new buildings both complies with this legislation and ensures that we can design out terrorism, as we have been trying to do over the past decade or so in designing out crime.

I would be interested to know whether, on the back of this Bill, councils will therefore be encouraged to consider such measures in assessing planning applications, and whether the Government are minded to bring in new legislation or statutory provisions on the incorporation of counterterrorism measures into the design and construction of new buildings. While this is not directly related to the Bill, the House needs better to understand how the Government plan to move forward in this area.

Some measures in the Bill may be necessary; they are a sad acknowledgment of the reality we face in Britian today. However, when it comes to anti-terrorism measures, or indeed measures to protect the public from terrorism, I cannot help but feel that we are firefighting an industrial blaze with a water pistol. It is deeply disheartening that we must legislate for protections against acts of terror in spaces that should be open, safe and welcoming to all. We have seen horrific acts committed in recent weeks and the fabric of our cities and venues changing in the face of the onslaught of people who seek to exterminate the existence of our values and destroy our way of life.

Today we are discussing how venues will have to share the burden of responsibility when it comes to countering terrorism. The additional burden in both time and expense that this will place on them prompts an important question: what steps are the Government taking to address the root cause of terrorism in this country? We cannot go on adapting our way of life to constantly counter those who wish to cause us harm. The Government should urgently update this House on what is being done on a society-wide basis to root out terrorism and the cause of terrorism in these islands.

We know from past and recent cases here in the UK that terrorism is not born in a vacuum. Terrorism in Britian today is fuelled by ideological extremism, social dislocation, weakness in our immigration and asylum systems, and a lack of trust in and respect for authority. Local authorities across the UK have a vital role to play in countering these root causes, yet many have faced significant challenges, particularly when it comes to resources. I am therefore keen to understand, in the wake of the reorganisation and creation of combined authorities, who will be responsible for countering terrorism at community level and how they will do it. I therefore seek clarity today from the Minister on what powers and resources government will hand over to reformed or devolved local authorities—particularly elected mayors—to ensure that they can effectively address the underlying factors that allow terrorism and ideological extremism to breed as an undercurrent in many communities across the UK. As we all know, it is far better to cure and we must grasp this problem before it is too late.

I welcome some of the intentions of the Bill. However, as it progresses, it is essential that these key areas are addressed to ensure that the legislation is both workable and proportionate, and that we balance protections with freedoms. We owe it to those whom we seek to protect, and to the venues and organisations tasked with implementing these measures, to provide them with a clear, fair and effective framework. I fear that we have a lot of work to do when it comes to clarity on what is being asked of whom, and the indirect consequences of this legislation. We must therefore provide businesses with support and certainty, and I urge the Government to listen to the concerns raised by industry in this regard.

In finishing, I say that I do believe that the legislation is significantly better than where it was before; I just feel that this House needs to do a lot more scrutiny.