Terrorism (Protection of Premises) Bill

Debate between Matt Vickers and Paul Holmes

Report stage
Monday 9th December 2024 Commons Chamber

[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.

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[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.