Agenda item

The Chair introduced the recently published draft legislation, the Terrorism (Protection of Premises) Draft Bill, which is aimed at helping to protect the public from terrorist attacks. Known as Martyn’s Law, the legislation proposes introducing a new duty for those responsible for certain publicly accessible premises and events to take measures to review and mitigate against terrorist activity. The Chair invited Debbie Bartlett, Deputy Director of Protect and Prepare at the Home Office to present to the Board.

Members comments:

·       Information was sought on the difference between how the duty would apply to commercial events and non-commercial community events.

·       Concerns were raised regarding proportionality and that Martyn’s law could stop community groups from organising events for fear of financial implications and liabilities.

·       There were significant concerns about the financial implications for councils from the proposals, and that any additional burdens should be reflected as part of implementation. It was suggested that financial aid would be needed to implement Martyn’s Law and to ensure consistency across the country, with yet further resources provided should the regulatory function also fall to councils. The difficulties in recruiting into regulatory services was also highlighted, should they have a role in overseeing the new requirements.

·       There was a discussion about the implications should councils become the regulator for the new duty, although the Home Office has not indicated that this will be the case. It is unclear what councils’ liability might be under the legislation, and a concern about what extra insurance would be needed as a result.

·       It was raised that if councils do become the regulator, to enforce event holders to adhere to the rules, inspection, action, and penalties will be needed which has a potential to build large legal bills.

·       Another factor that would need to be considered would be where responsibility lies within a two-tier council system.

·       It was highlighted that a support system would be needed during implementation, such as a dedicated phoneline to ensure councils do not take on additional burden, because local businesses/events will naturally turn to the councils for guidance, regardless of whether they are the regulator.

·       Concern was raised regarding the emergency services role in protecting people.

·       A member emphasised the need for sufficient lead time for implementation.

Debbie Bartlett provided the following information in response to Members’ comments:

·       Confirmation that no decision had been made on who will be the regulator, and whoever will be assigned to take on this role will be supported.

·       Ministers are aware of the need for proportionality in the measures implemented, to ensure the measures are not overly burdensome and community events can continue.

·       Martyn’s Law will not require implementation of disproportionate measures for instance by ensuring that where there are existing measures already in place (fire safety, health and safety, road closures etc.) these are reflected in the new risk assessments.

·       Threats are increasingly difficult to predict and thus measures are needed to protect the public in a variety of locations, including community events and spaces.

·       The HO is in the process of developing a calculation to help understand costs, which is proving difficult as venues do not know their capacity.

·       The legislation as currently drafted will apply only to venues where access can be controlled, for example no open spaces, and only those parts of premises which the public has access to (not areas reserved for staff).

·       The Protect UK platformwill be providing vital information to help with implementation, which will continue to be developed over a period to help ensure the regulator and partners are prepared.

·       This is just one part of the government’s counter-terrorism strategy, with wider work that is attempting to address the mentioned emergency service issues.

·       It is anticipated that there will be a period between Royal Assent and implementation to help those within scope to prepare.

The Chair thanked Debbie Bartlett for her time and informative answers.

Decision

The Board discussed the outline legislative proposals and provided insight on the potential implications for local councils.

Action

·       Officers potentially to follow up with a letter to Home Office summarising points made by the Board.