Terrorism (Protection of Premises) Bill

Matt Vickers Excerpts

Report stage
Monday 9th December 2024 Commons Chamber

[Matt Vickers (Stockton West) (Con)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Caroline Nokes)]

With this it will be convenient to discuss the following:

New clause 2—Developing and implementing training on public protection procedures—

“(1) The Secretary of State must take steps as the Secretary of State considers appropriate to ensure that—

(a) adequate training provision is made available for persons responsible for qualifying premises or qualifying events in respect of public protection procedures that includes—

(i) the monitoring of premises or events and the immediate vicinity of premises or events;

(ii) evacuation procedures and the movement of individuals into, out of and within a premises or event;

(iii) physical safety and security of occupants in a premises;

(iv) provision of security information to individuals on a premises or at an event; and

(v) other measures related to terrorism protection training;

(b) a training implementation plan is put in place to ensure all organisations and persons to which the provisions of this Act apply are encouraged to undertake training related to public protection procedures.

(2) Functions of the Secretary of State under this section may be exercised by any organisation or persons authorised to do so by the Secretary of State.

(3) The Secretary of State must lay before both Houses of Parliament a report setting out the steps they have taken in relation to subsection (1).”

This new clause, together with Amendment 28, would require the Secretary of State to develop and implement a training plan in respect of qualifying premises and events before Parts 1 and 2 of the Act are commenced.

Government amendments 1 and 2.

Amendment 27, in clause 19, page 15, line 5, leave out “different” and insert “lower”.

This amendment restricts the Secretary of State to lowering the daily penalties rate for non-compliance by regulation.

Government amendments 3 and 4.

Amendment 25, in clause 32, page 22, line 35, leave out “100” and insert “200”.

This amendment sets the floor for standard duty at 200 individuals.

Amendment 26, page 22, line 38, leave out “500” and insert “799”.

This amendment sets the floor for enhanced duty premises and qualifying events at 799 individuals.

Amendment 28, in clause 37, page 25, line 31, leave out from “force” to end of line 36 and insert

“on the day after the Secretary of State has laid before Parliament a report on developing and implementing training on public protection procedures contained within this Act.”This amendment is consequential on NC2.

Government amendments 5 to 24.

[Matt Vickers]

I pay tribute to everyone who has contributed to the Martyn’s law campaign, the incredible group of individuals who are the Survivors Against Terror, and all the businesses, charities, local authorities, civil servants and security partners that have helped to shape the Bill. Most importantly, I thank the tireless campaigner Figen Murray, and her son Martyn in whose name this Bill has been devised. I would like to reflect for a moment on Martyn and the 21 other innocent victims who were killed in the heinous attack in the Manchester Arena in 2017. The loss of their lives and the pain of their families and friends must never be forgotten.

I pass on the apologies of my hon. Friend the Member for Rutland and Stamford (Alicia Kearns), who is unable to be present today to speak on behalf of the official Opposition.

Martyn’s law was a manifesto pledge for the Conservative party, and we published a version of the legislation in draft during the last Parliament. We took the issue of public protection very seriously when in office. We delivered £1 billion of counter-terrorism funding for 2024-25, so our forces can mount a swift and effective response to any terrorist attack. Funding will total at least £1 billion in 2024-25 as we provided essential support for counter-terrorism policing and ensured the police had the resources they needed to meet and deal with the threat of terrorism. We enshrined our Counter-Terrorism and Sentencing Act 2021 in law, introducing tougher sentences and ending the automatic release of potential terrorist offenders. Those found guilty of serious terror offences will now be handed a minimum 14-year prison term and up to 25 years on licence.

Part of the reason for publishing this legislation in draft was a concern to get the balance right for the different premises to which it applies—their responsibilities, and how feasible it is for them to effectively comply with those responsibilities and with public safety. We are grateful to the Home Affairs Committee, which undertook pre-legislative scrutiny of the Bill and made valuable recommendations, and to all those who responded to the Home Office consultation. It is because Martyn’s law is so important that it is imperative we get it right in this place. It is in that spirit of support, co-operation and openness that we have suggested small amendments to the Bill.

New clause 1 would require the Secretary of State to produce a report on the effectiveness of the Security Industry Authority as the regulator of these new provisions for both this House and other places within 18 months of the passing of the Bill. This is in recognition of the challenges inherent in extending new regulatory powers to an existing body. The report would include a comparative cost-benefit analysis of the SIA’s regulatory functions and an analysis of the implications if those functions were alternatively carried out at the local authority level.

The SIA’s role in this Bill is extensive, and it is our view that a review after the roll-out of the new provisions will provide the Government with the opportunity to take stock and decide whether the existing arrangements are the most effective regulatory framework. If they are a success, that is fantastic, but if there are issues, it is surely best to address them early and, if necessary, make changes then and there. I know there has been some anxiety from organisations about a perceived lack of clarity in how the SIA will approach regulation and whether it has the institutional dexterity to understand such a diverse range of venues.

From my discussions with relevant representative groups, businesses and venue operators around the country, I know there is wide-ranging support for the changes in our amendment from the industry. They want to ensure their venues are as safe as they can be. Indeed, many have already taken steps unilaterally to improve security and are eager to work with the Government on further progress. However, there is a feeling that current advice and guidance is limited, and this lack of information is leading to anxiety, particularly at a time when business confidence is falling and new taxes are incoming. Therefore I ask the Government to ensure that affected venues and industries are given full advice on how to comply with the incoming regulations as soon as possible. By agreeing to a future review of the SIA’s regulatory effectiveness now, the Government can ease those anxieties and ensure that everyone is focused on the most important objectives: delivering the provisions in the Bill and bolstering our collective security. For that reason, I ask the Government to support new clause 1.

We have tabled amendment 27 in a similar spirit of openness and co-operation. It would prevent the Secretary of State from increasing by regulations the daily amount venues can be fined under this legislation. As the Bill stands, places that are classified as standard duty venues can be fined up to £500 a day for violation. For those classed as enhanced duty venues, the fine is £50,000 a day for violation. I know the Minister will have met many of the organisations that are required to make changes under the Bill, and I am sure that he, like me, found them to be actively supportive of the changes and genuinely interested in working collaboratively towards better safety regulations.

[Dr Luke Evans (Hinckley and Bosworth) (Con)]

Without the regulations and guidelines being set out clearly, there is a risk that businesses will worry about being fined quite heavily just because they do not quite know what they should be doing. Does my hon. Friend agree that this amendment and new clause 1 will help cement that clarity in place?

[Matt Vickers]

All the people in the industry are genuinely and wholeheartedly committed to improving the safety of their venues, but there are anxieties and concerns about what that means. The review of who is in charge and who is responsible for ensuring compliance will get rid of those anxieties and foster confidence in the industry and let us move forward together with the industry.

We would like reassurance about how the Government intend to use the powers to increase the rate of daily penalties. The Bill allows the SIA to levy large fines for non- compliance with the requirements of this legislation in addition to the daily penalties. For a sector recovering from covid, those could be difficult to meet, as could a daily penalty of £500 levied on a small organisation run by volunteers.

We have heard from several trade associations about the potential impact. Neil Sharpley, policy chair of the Federation of Small Businesses, said the FSB is “broadly supportive” of the Bill but added that

“we are concerned about the administrative impact of the burden that will be imposed on smaller businesses, and we are concerned about the costs.”

Michael Kill, CEO of the Night Time Industries Association, said that

“it is crucial to address the proportionality of the proposed measures, within all settings. We must ensure that the balance between heightened security and practical implementation is carefully considered.”

[Paul Holmes (Hamble Valley) (Con)]

As my hon. Friend knows, I piloted the measure as shadow Minister on Second Reading. I welcome the Minister to his place and thank him for his usual courtesy.

This is genuinely not a political point, but does my hon. Friend agree that, with other measures currently burdening small business such as increases in taxation, business rates and national insurance contributions, this amendment helps because it allows venues to plan and make sure that not too much money is going out? That applies particularly to charities and smaller venues. That is why the remit of the SIA must be checked, and why this amendment should be backed.

[Matt Vickers]

I could not agree more. There is huge anxiety among businesses about challenges and pressures—whether the national insurance contribution increases on employers or the huge change to small business rate relief affecting small businesses in leisure, hospitality and retail, slashing it from 75% to 40%. These are challenging times, including for very small family businesses, and also, as my hon. Friend points out, for the voluntary sector and many organisations that prop up our communities and play a central role. By perfecting this Bill, we can relieve those anxieties and allow those organisations to follow on with confidence and comply with the measures in the Bill.

I would appreciate some reassurance from the Minister about how he expects to use the powers to change daily penalties. I hope he will demonstrate that the ethos of the Bill is collaboration between the state and private organisations, not the establishment of an increasingly costly financial penalisation system. We believe that would help to settle any underlying anxieties and allow both the Government and venues to focus on working together to ensure that the roll-out of this Bill is the very best it can be.

Amendments 25 and 26 stop the Secretary of State changing qualifying tier amounts by regulation. They are simply designed to provide future certainty to organisations as they work to become compliant with the Bill. They would remove the power of the Secretary of State to lower the threshold for the standard duty premises and enhanced duty premises from 200 and 799 individuals respectively. The current qualification levels have been determined after consultation and pre-legislative scrutiny. These are significant policy choices and I believe the Government have reached this position after listening to that feedback. As I have set out today, the industry and venues are actively supportive of the Bill and actively want to play their part in improving venue security. We worry about the uncertainty caused by the potential of the Secretary of State to change the thresholds for the standard and enhanced duty premises in future. How is that power compatible with allowing the industry to plan long term, in the knowledge that the qualifying criteria for each tier will not change?

We want to ensure that venues have the confidence to commit the required resources to adopting the provisions of the Bill, knowing that the rules will not change suddenly. Impact assessments have shown the challenges that face different types of venues. Smaller venues and lower capacity premises such as places of worship, village halls and community centres showed particular concern about the impact on fellow smaller businesses and their ability to meet the revised requirements within the small resources available to them.

About four in 10—or 39%—of respondents from premises with a capacity of 100 to 299 agreed that those responsible for premises within the standard tier should have a legal obligation to be prepared for a terrorist attack. Nearly half—46%—disagreed and said that only larger premises should have a legal obligation. About half—51%—reported that revised requirements would be difficult to take forward. Six in 10, or 58%, were at least somewhat concerned that the cost of meeting the standard tier requirements would affect their organisation’s financial ability to continue operating. Among those from places of worship or village halls, only around three in 10 agreed that those responsible for premises within the standard tier should have a legal obligation to be prepared for a terrorist attack.

More than 54% of those from village halls and community centres, which typically have a smaller capacity than premises across other sectors—72% had a capacity of 100 to 299—disagreed and said only larger premises should have a legal obligation. Over half of those from places of worship and village halls felt the revised requirement would be difficult to take forward, mainly due to the perceived burden in time and effort. I therefore ask the Minister in what circumstances he would envisage needing to lower the floor for either standard or enhanced duty premises and what consultation would take place before the Government did so.

[Sir Ashley Fox (Bridgwater) (Con)]

Does my hon. Friend agree that proportionality is particularly important? While clearly venues like the Manchester Arena should have a properly worked out plan, it is inappropriate for village halls and church halls to worry about the cost and bureaucracy involved. Can we have the lightest possible touch for those small community venues?

[Matt Vickers]

That is right. The community organisations that are affected, whether parish halls, village halls, churches, or small businesses such as the local pub, are invaluable to, and sit at the heart of, our communities, and it is essential that we protect them. There is a balance between what everyone who supports the Bill wants from these protections, be they on the Opposition or Government Benches, namely to prevent the most horrific atrocities, and ensuring that those businesses and community organisations can continue to exist.

[Chris Murray (Edinburgh East and Musselburgh) (Lab)]

The Bill’s provisions are appropriate for venues below the enhanced tier. They are proportionate, low-cost and not onerous. They are prompts to encourage organisations to do the kind of thinking that they should do anyway to prevent terrorism or any kinds of attack. The measures are not disproportionate at all, and the legislation is appropriate in that respect.

[Matt Vickers]

I understand where the hon. Gentleman is coming from. An existing regulatory body is being given an additional job; there is no harm in coming back after 18 months to review whether the provisions are working and are fit for purpose. Similarly, there is logic in the House having a say on the fees and penalties that might be applied, rather than that being delegated to the Secretary of State. Those logical changes could relieve some of the anxiety in the sector. Everyone wants the Bill to go forward and fulfil its objective of making our communities safer, but some of the anxieties in the sector about unexpected and unintended consequences for community venues and small businesses are real, so let us relieve some of them by agreeing the amendments.

[Paul Holmes]

I hope the shadow Minister will forgive me for intervening once again, but I expressed concern about the “responsible person” element at the Dispatch Box on Second Reading. As he has outlined, smaller charity and voluntary sector bodies, such as theatres and community organisations, welcome the aims of the Bill, as do I, but when voluntary organisations are responsible for allocating someone who will be legally responsible to the Security Industry Authority, that spreads fear among those organisations, given the bureaucracy that they already face. Does he agree that we need to look carefully at how great a burden we put on theatre groups, and in particular on voluntary community associations, which will be subject to the regulations?

[Matt Vickers]

We need to reflect, take time, and review the measures in 18 months, including the regulations. Many of our community and voluntary organisations already struggle to find the manpower to fulfil their functions, and this is another function. Its purpose is right, and it is right to take the legislation forward and provide these protections, but we have to consider the wider perspective and the proportionality for smaller venues, given the potential impact on communities.

[Jerome Mayhew (Broadland and Fakenham) (Con)]

It is not in my declaration in the Register of Members’ Financial Interests, but I am church warden of a small parish church. Most parish churches would probably come under the 200-person limit, but the vast majority would be caught by 100-plus. Not only is there fear among volunteers who have to take on this responsibility, but significant risk of unintended consequences. Volunteers may not be prepared to take on the responsibility, and as a result, vital community infrastructure spaces may close to the public. Would that not be a terrible unintended consequence of this well-meaning Bill?

[Matt Vickers]

My hon. Friend is right. We look at the numbers—100 and 200—and think of organisations we know, and events that we have attended in churches and parish halls. I used to be a Scout leader, and the paperwork, the burden and the challenges used to put us off, in many ways, from fulfilling some of our functions. People who might have come along to help one day get slightly put off by the challenges and responsibilities that come with doing so. I could not agree more with my hon. Friend.

[Paul Waugh (Rochdale) (Lab/Co-op)]

Does the shadow Minister not welcome the fact that the Bill increases the capacity from 100 to 200? His Government previously set the limit at 100—the figure that he is so concerned about.

[Matt Vickers]

I welcome the revisions; that is why we had scrutiny. The fact that the figures can be determined unilaterally is the concern. There is agreement across the House that it is right to take the Bill forward. We are looking at what we can do at the edges to mitigate the impact for smaller venues, but I agree in principle with what the hon. Member says.

[Jerome Mayhew]

I am particularly concerned about the Secretary of State or Minister having the power to reduce the number from 200 back to 100 by regulation. That is addressed by amendment 25. Does my hon. Friend agree that in the absence of significant evidence or consultation to support such a move, 100 is essentially an arbitrary number? Why 100, and not 125, 150 or 175? Does he agree that we need more evidence to support that regulation-making power being given to the Secretary of State? Does he therefore agree that amendment 25 is a sensible alternative?

[Matt Vickers]

I agree entirely. There is no reason why we should not bring that measure to the House for decision. There is no reason to delegate that power to the Secretary of State. It would be sensible to take that delegation out. We have just talked about the fact that some people think the number should be 100, and others think it should be 200. It would be logical to bring the measure back to the House, if required, in due course, and I hope the Minister agrees.

[Dame Karen Bradley (Staffordshire Moorlands) (Con)]

We all hope that the Bill is absolutely right—that is what we want—but there is nothing wrong with increased scrutiny. Would it not be right for the Government to accept new clause 1, so that we can ensure that there is a review? Through that, we can get the evidence, and then we will know whether we have got it right.

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[Matt Vickers]

That is entirely right. Most of the amendments are about looking at what we can do around the edges of the Bill to mitigate the challenges for small community organisations and small businesses.

[Tim Roca (Macclesfield) (Lab)]

We have to be careful. Of course we want to work cross-party, and should be cognisant of small business, but on the other side of the debate, campaigners are worried that the Bill is already leaning too much the other way, and we will start to lose proportionality if we adopt the shadow Minister’s amendments.

[Matt Vickers]

I slightly disagree. A body is taking on this regulation. Reviewing this in 18 months to see whether it is working is sensible. Keeping the ability to make decisions on numbers, rather than giving it to the Secretary of State, is a logical way forward. We all want this Bill to work, and we all realise the meaningful and important reasons why the Bill was brought forward, but we are talking about mitigation. All the amendments are fair, logical and sound in how they try to balance the two interests. We want to make all venues safe, whatever their scale or size, but we need to do so in a way that allows businesses and community organisations to carry on delivering, at the heart of our communities.

[Saqib Bhatti (Meriden and Solihull East) (Con)]

Last week, along with Opposition colleagues, I met representatives of a number of hospitality businesses across different sectors. Everyone wants to make their venue more secure, and everyone acknowledged the importance of the legislation, but there are points to address on clarity and the uncertainty being caused. We have talked about the responsibility of volunteers, and where it starts and ends. Some venues will have queues outside, and it is not clear how the legislation will work in that case. An 18-month review is important, because it would allow us to look at whether the legislation is making people more safe and secure. Does the shadow Minister agree?

[Matt Vickers]

My hon. Friend is right. When it comes to the Bill, the stakes are high for small community organisations and small businesses, so I see no harm in reviewing the regulations after 18 months, and in keeping those powers for the House, rather than delegating them to the Secretary of State. That is logical and makes a lot of sense for many venues. It is the way forward.

[Jerome Mayhew]

Clause 2(2)(c), defining the premises that will be covered by the legislation, states:

“it is reasonable to expect that from time to time 200 or more individuals may be present”.

Under the regulations, that might read “100 or more”. Coming back to my experience as a member of the parish church, I would love there to be 100 or 200 people present, but the congregation is closer to six or seven. However, the capacity of the church—the structure—is sufficient to take in 100 or 200 people. While on the face of it, the legislation seems reasonable, does my hon. Friend share my concern that a facility that could welcome 199 people may not have the structures in place, or physically have the people available, to support the increased burden placed on it by the Bill? That would increase the risks of unintended consequences and closure. That would be dealt with by amendment 25.

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[Matt Vickers]

My hon. Friend is entirely right. In voluntary organisations, men and women who tend to do something else by day give their time to volunteer in the evening or at the weekend. They have other things going on in their lives. They will not necessarily be expert on the laws surrounding venues and what goes on in them, but from time to time—once a year, or once every two years—they will be expected to know about these regulations and to comply with them. There is logic in keeping the number at the intended 200, as well as in reviewing the regulations. We would allow the regulatory body to come back on that point 18 months, in the review, when we would review those numbers. We are just saying that these things should not be delegated to the Secretary of State at this point.

[Tim Roca]

I welcome the progress of this important Bill. We know the danger of terrorism in this country for the constituents we represent. There have been 15 domestic terror attacks since 2017, as well as the tragic arena bombing. That excludes terrorism in Northern Ireland. There have also been 43 late-stage plots foiled by the security services. We recently heard from the head of the Security Service about a 48% increase in terror investigations in the last year alone, so the threat is absolutely real and it is always changing.

We have had various attacks, including the marauding-style terrorist attacks that we saw so tragically here in London some years ago. The Bill is a crucial to making sure that premises, businesses and venues do what they can to keep people safe. We know from businesses and venues that they understand their obligations to their patrons, whoever they might be, and they want to keep them safe.

We have had a healthy debate about the Bill’s provisions. There has been a sensible, mature, cross-party discussion about what works and what is practicable. I pay tribute to Manchester city council for the exercises it undertook. It worked with businesses to ensure that measures were both sensible and proportionate while keeping people safe. Across I think 10 sessions last year, and having spoken to 700 businesses and 2,000 people, it went through some of the measures in the Bill, and businesses overwhelmingly supported them. They understood the need for them, and that they were not onerous. Those ranged from businesses as large as Printworks, which many people in Manchester will know, down to local restaurants and bars, and the response was incredibly positive.

I say that because I want to reassure hon. Members from across the House about the proportionality of the measures in the Bill. In fact, I will quote Gareth Worthington, the night-time economy officer at the Manchester business improvement district:

“If a venue operator does not know how to evacuate their venue they should not be running that venue and if training can be provided to help make that evacuation safer then venues should grasp it with both hands.”

On the thresholds, we have arrived at a sensible place. We had a healthy debate in the Public Bill Committee on them, and I think they are reasonable. I reiterate that I think campaigners would perceive any tweaking of provisions on the thresholds or delegated powers for the Secretary of State as a watering down of the Bill.

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[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Minister.

[Matt Vickers]

I thank the Minister for his considered response to the debate. However, while entirely supporting the objectives of the Bill, we do not see why the Government cannot commit to a review of the effectiveness of the Security Industry Authority as the regulator, given that the Bill places an entirely new set of requirements on venues and an entirely new set of responsibilities on the SIA, so we will press new clause 1 to a Division.

Question put, That the clause be read a Second time.

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[Matt Vickers]

Recent years have seen too many tragedies and too many precious lives taken by terrorist attacks—hurt that will never truly heal. Despite those tragedies, inspirational people such as Figen Murray and Survivors Against Terror have shown us that good can come from bad, and that the power is in our hands to act, even in the shadow of grief. Martyn’s law and everyone who has worked to make it a reality are an embodiment of that spirit.

Implementing this legislation will require us all to work together. National security is a collective endeavour. Organisations affected by the changes are acutely aware of their responsibility. They understand the importance of protecting their customers from terror, and are committed to ensuring that people can attend concerts, exhibitions and performances with the confidence that they are safe. That spirit of collaboration and mutual responsibility ultimately will make the provisions in Martyn’s law a success.

The responsibility goes both ways. Just as we expect venues to take the necessary steps in the Bill, they expect the Government to approach its implementation in a measured and sensible manner. I want to finish by thanking the Government for continuing the important work on the Bill, and to reiterate to the Minister my willingness to work with him on its passing and implementation.

Question put and agreed to.

Bill accordingly read the Third time and passed.