On Wednesday 17th July 2024, the King’s Speech set out a programme of legislation that the Government intends to pursue in the forthcoming Parliamentary session.
The Bill was introduced to Parliament on 12th September 2024 and is currently undergoing Parliamentary scrutiny.
The Terrorism (Protection of Premises) 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 bill introduces security requirements for certain public venues and locations.
There have been 16 terror attacks in the UK since the start of 2017.
The threat picture is complex, evolving, and enduring, with terrorists choosing to attack a broad range of locations.
This complex picture includes well planned and organised groups through to self-initiated terrorists.
The lockdowns of the Covid-19 period provided an environment where some people became isolated, disillusioned, and spent a significant period in the virtual space. This in turn has provided a fertile environment for people to be radicalised.
Martyn’s Law will improve the safety and security of public venues and keep the British public safe from terrorism.
What will Martyn’s Law do?
The intention is that premises will be better prepared, ready to respond, and their staff will know what to do in the event of a terrorist attack.
It will enhance public safety by ensuring there is better preparedness for, and protection from, terrorist attacks. This will be done by mandating, for the first time, who is responsible for considering the risk from terrorism and how they would respond to a terrorist attack at certain premises and events.
The Bill will raise the security standard throughout the UK requiring a base level of security procedures to be in place at premises and events.
Who will be in scope?
To be in scope:
Premises and events must be accessible to the public.
Premises must be used for a purpose listed in the Bill (e.g. entertainment and leisure, retail, food, and drink).
Have a capacity of 100 or more individuals.
Premises may be a building or outdoor locations which have a readily identifiable physical boundary and access by express permission.
Provision is made in the Bill for temporary events such as festivals that have express permission to enter and a capacity of 800 or more individuals.
How does it work?
The Bill establishes a tiered model, linked to the activity that takes place at a premise or event and its capacity:
Enhanced Tier – this tier will see additional requirements placed on high-capacity venues in recognition of the potential catastrophic consequences of a successful attack. This will apply to premises and events with a capacity of 800 or more individuals, for example, live music premises or events, theatres, and department stores. Those responsible for an enhanced duty premises or qualifying public events must:
notify the Regulator of their premise or event;
take ‘reasonably practicable’ measures that will reduce the risk of a terrorist attack occurring or physical harm being caused. The reasonably practicable test is utilised in other regulatory regimes e.g., Health and Safety, and will enable organisations to tailor their approach to the nature of the premises, and their activities and resources;
keep and maintain a security document, aided by an assessment of the terrorism risk, which must also be provided to the Regulator; and
if the responsible person is a body corporate, they must appoint an individual as the designated senior individual for the premise or event.
Standard Tier – ahead of introducing the Bill in Parliament, the Government launched a consultation on the Standard Tier to ensure the Bill’s measures strike the right balance between public protection and avoiding undue burdens on smaller premises. This follows concerns raised about the implications of the Standard Tier through the pre-legislative scrutiny of the draft Bill last year.
The updated approach to the Standard Tier consulted on means that those responsible for Standard Tier premises must:
Notify the Regulator that they are, or have become, responsible for premises within scope of the Bill (and so subject to the relevant requirements). This remains broadly in line with previous
Have in place procedural measures that could be expected to reduce, so far as reasonably practicable, the risk of physical harm to individuals at the premises in the event of an attack. These relate only to the procedures to be followed by people working at the premises in the event of an attack occurring or being suspected as about to occur. As the procedural measures are about procedures for responding to an attack or suspected attack, it is not expected or required that physical alterations be undertaken or additional equipment purchased for Standard Tier premises.
In contrast to the published draft Bill, there is no requirement to complete a specified form (the ‘Standard Terrorism Evaluation’) for Standard Tier premises or ensure that people working at the premises are given any specific training. However, as part of putting in place the procedural measures, workers will need to be sufficiently instructed or trained to carry them out effectively.
Why is there a difference in thresholds for premises and events?
The Government want to strike the right balance between proportionality for different premises and events against ensuring appropriate security has been considered and taken forward.
Who is responsible for requirements at a premise or event in scope?
The Bill places the requirement on the person who has control of the premises; this is usually the operator or occupier. It also places a requirement for co-operation on those with aspects of control of the premises (e.g., the owner of a premises where not the operator) where necessary to deliver requirements.
How will Martyn’s Law be enforced?
The Regulator will monitor compliance and advise premises within scope. The Regulator will have the tools to address non-compliance, including investigatory powers and monetary sanctions.
Figen Murray and the Martyn’s Law campaign team have tirelessly campaigned for the introduction of new legislation. Their efforts have helped the Government to raise awareness of this important issue.
How will my business or organisation be supported on Martyn’s Law?
Dedicated guidance and support will be provided for Martyn’s Law, to ensure that those in scope have the required information on what to do and how best to do it. As part of this approach, we will expand the support available to those responsible for delivering security in public venues.
What about premises/events run by charities and volunteers?
Charities, community groups and social enterprises own and operate a broad range of premises (museums, national trust and other sizeable public premises) and often host or operate events. Recent attacks demonstrate that terrorists may choose to target a broad range of locations. It is therefore right that we bolster the UK’s preparedness for and protection from terrorist attacks, through the implementation of requirements proportionate to the overall level of risk.
The proposals for places of worship are different to other premises in scope. All places of worship will be placed within the Standard Tier, regardless of their capacity, barring a small cohort across all faiths that charge a fee for admission. This is in recognition of the existing range of mitigation activities delivered and funded by Government to reduce their vulnerability to terrorism and hate crime.
Will Martyn’s Law apply to all of the UK?
Yes. The legislation will apply across England, Wales, Scotland and Northern Ireland, as national security is a reserved matter for the UK Government.
