Terrorism (Protection of Premises) Bill (Second sitting)

Debate between Tim Roca and Katie Lam

Tuesday 29th October 2024 Public Bill Committees

[Tim Roca]

Q Mr Leggett, could you give your views on the change of the venue capacity threshold from 100 to 200?

Jeremy Leggett: Yes. We welcome the threshold’s being raised, but I should go into a little bit of technical detail. When the threshold was set at 100, it would have included pretty much all the 10,000 or so village halls in England. That is largely to do with the village hall dimensions you need for short mat bowls and a badminton court, which give you a theatre-style capacity of a little over a hundred. Whether that capacity is ever used in that way is very questionable. So, certainly following the introduction of the Bill after the supplementary consultation on the standard tier, we welcomed the threshold’s being raised, but more because it took a lot of those village halls where the legislation would be most problematic out of scope. I am more than happy to go further into why it is problematic for them if you wish.

[Katie Lam (Weald of Kent) (Con)]

Q We have heard quite a lot today about the fiscal impact on businesses, the training and the timing, but many of the organisations the Bill will catch are run by volunteers. There certainly would have been more caught under the 100 threshold, but I am interested to hear your thoughts about the 200 threshold. What do you think the Bill will mean for those organisations? Do you have a sense of the challenges that might throw up?

Jeremy Leggett: Having sat in on the discussion this morning, I obviously have some anxieties about the possibility of the threshold being dropped back down to 100, as well as about having a power in the Bill for the Secretary of State to bring the threshold back down to 100 anyway if that is seen to be required. The village halls that responded to the supplementary consultation on the standard tier did so thinking that the limit was going to be 100. If you recall, the supplementary consultation was carried out before a redraft of the Bill was made public so, as I understand it, there was some concern that a lot of village halls and similar organisations were responding quite negatively to the consultation because they thought the limit was going to be 100. Raising the threshold has taken quite a lot of those out, but it is probably worth at least thinking about why so many volunteer-run premises were so concerned about the standard tier when the lower threshold was 100. I can go further if you would like.

--- Later in debate ---

[Katie Lam]

Q Can I ask a bit more about “from time to time” and what we consider that to mean? I am thinking specifically about the fact that I have a few large churches in my constituency that might have one or two events a year when they might have 200 people present. Are they included or excluded?

Debbie Bartlett: To clarify how we are treating places of worship within the legislation, they are being treated slightly differently. Regardless of their capacity, if they are over the 200 limit, regardless of whether they are over 800 or not, they will all be considered within the standard tier. That is to reflect the unique role that faith communities play in society.

In terms of “from time to time”, how we are calculating capacity within the legislation goes back again to the point about making it slightly more proportionate and more venue-specific. Venues themselves will have to consider the greatest number of people reasonably expected to be present at the same time. It is about that word, “expected”. If they know that there will be more than 200 people expected at their venue at one time, they will be caught within that.

Where “from time to time” comes from is if there is an unexpected event, which unexpectedly has 200 people, which could not have been considered beforehand. There will not be any sort of automatic “You will now be in enhanced tier”—sorry, the standard tier—or you will not jump to the enhanced tier from time to time. So it is about the expected. If you expect more than 200 people, then you will be in scope of the legislation.

[Tim Roca]

Q I want to ask specifically about compliance notices. Why does the offence of failing to comply with a compliance notice apply only to enhanced-duty premises?

Debbie Bartlett: Again, that goes back to the proportionality aspect of the legislation and what we are actually asking of standard-tier premises. For standard-tier premises what the Bill requires is around putting in place protective security procedures. It is not asking as much as it is of enhanced-tier premises. We did not feel that it was appropriate to put in place restriction notices that could be conceived of as being more burdensome for those smaller businesses and smaller premises.