Minister of State for Security (): Today the Government has
launched a public consultation on the Terrorism (Protection of
Premises) Bill. The Bill is also known as ‘Martyn’s Law’ in
tribute to Martyn Hett, who was tragically killed alongside 21
others in the Manchester Arena terrorist attack in 2017.
The Government reaffirmed its commitment to introduce this
important piece of legislation in the King’s Speech on 7 November
2023. Extensive engagement and support from security partners,
business and victims’ groups, including Figen Murray and the
Martyn’s Law Campaign Team, has enabled significant progress on
the development of Martyn’s Law to date. The Government would
like, once again, to pay particular thanks to Figen Murray for
her tireless campaign and significant personal contribution she
has made to progress this Bill.
Overview
The threat picture is complex, evolving, and enduring, with
terrorists choosing to attack a broad range of locations. Since
the start of 2017 there have been 14 terror attacks in the UK.
Too many have sadly lost their lives.
The Bill will ensure premises in the UK are better prepared for
terrorist attacks by requiring them to take necessary but
proportionate steps according to their capacity to mitigate the
impact of a terrorist attack and reduce harm. Our expert security
partners strongly consider that even basic knowledge will help to
protect the public in the event of an attack. Through the Bill,
those responsible for premises will be better prepared and ready
to respond in the event of a terrorist attack, thereby enhancing
public safety.
Following an 18-week public consultation on proposals in 2021,
the Government confirmed its intention to bring forward the Bill
in December 2022. To ensure the measures can meaningfully enhance
public safety whilst remaining proportionate, we requested the
Home Affairs Select Committee (HASC) conduct pre-legislative
scrutiny of the draft Bill, which was published in May 2023.
Pre-legislative scrutiny, as well as our extensive engagement
programme, provided important feedback from Parliamentarians,
businesses and other key stakeholders. This feedback particularly
focused on the application of the proposals in relation to
standard duty premises. These premises - the Standard Tier - are
smaller, being largely those with a capacity of 100 to 799
individuals e.g. many retail stores, bars, restaurants, theatres
and village halls.
Next steps
On the strength of that feedback, we have revised the Standard
Tier requirements to make them clearer and more proportionate,
whilst ensuring they deliver on their primary objective: to
implement simple procedures which could reduce harm and save
lives in the event of a suspected attack. The consultation is
focused specifically on this revised approach to the Standard
Tier.
Consultation
This new approach is considered to be more proportionate,
meaningful, effective and transparent than that previously agreed
for the following reasons:
- The purpose of the primary duty is now outcome-focused,
aligns with comparable regimes (i.e. Health and Safety) and
removes any previous assumptions around the Standard Tier
requirements being too instructive and rigid i.e. a “tick box”
exercise.
- It brings greater clarity to costs and expectations i.e. the
Standard Tier holds no legal requirement for premises to consider
physical security measures, but focuses on procedures and the
actions people working at the premises should take in response to
an attack.
- It measures all premises in scope against the same standard
of “reasonably practicable”. This approach is better suited to
the wide range of organisations that will be within scope of the
Standard Tier because they will assess and implement procedures
that are suitable for their individual circumstances. The
“reasonably practicable” test includes what is financially
feasible for a premises.
- We have moved away from a prescribed training requirement
(i.e. a one size fits all package for all relevant staff).
Instead, those responsible will be required to ensure that their
procedures are adequately communicated and practised by relevant
staff. Again, in implementing relevant procedures, those
responsible will be held to a “reasonably practicable” standard.
The consultation seeks specific feedback on these measures to
ensure the updated requirements proposed for Standard Tier
premises are appropriate.
It also seeks respondents’ views on how any costs incurred by the
Standard Tier requirements should be met and how premises
currently meet similar obligations under Health and Safety and
Fire Safety legislation.
The consultation will run until 18 March 2024 and is available on
GOV.UK. It is open to the public, and is targeted at
organisations, businesses, local and public authorities, and/or
individuals who own or operate premises that the proposed Bill
would affect. We particularly welcome views from those
responsible for the smaller premises which would fall within the
Standard Tier, especially those in the community and voluntary
sector.
I am looking forward to concluding the consultation process,
which will support the Government in finalising the legislation
and ensuring it is robust and delivers on its core aims ahead of
a formal introduction to Parliament.
