Posted by:Home Office news team
On Tuesday 7th November, the King’s Speech set out the programme of legislation that the Government intends to pursue in the forthcoming Parliamentary session. The Terrorism (Protection of Premises) Bill was included. 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.
Ahead of introduction to Parliament, on Monday 5th February the Government launched a six-week public consultation on an updated Standard Tier. The consultation seeks views on the updated Standard Tier measures, to ensure the Bill strikes the right balance between public protection and avoiding undue burdens on smaller premises, such as village halls and other community venues.
Why do we need Martyn’s Law?
There have been 14 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. Martyn’s Law will improve the safety and security of public venues and keep the British public safe from terrorism.
The Bill will make sure public premises and events are better prepared for, and protected from, terrorist attacks; requiring them to fulfil necessary but proportionate steps according to their capacity size to mitigate the impact of a terrorist attack and reduce harm. Through Martyn’s Law, premises will be better prepared and ready to respond in the event of a terrorist attack.
What will Martyn’s Law do?
Through Martyn’s Law 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.
How it relates to Parish and Town Councils?
It will affect Parish and Town Councils if :
- You have premises and events 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 will it work?
The Bill will establish 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 to Parliament, the Government is carrying out a consultation on the updated Standard Tier. This will make sure the Bill strikes the right balance between public protection and avoiding undue burdens on smaller premises.
In summary, 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).
- 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.
- 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.
The Home Office has announced further free webinars on the Martyn’s Law standard tier consultation for public sector bodies, including local (parish and town) councils, which may own or manage buildings and premises falling in the scope of the standard tier of the draft Terrorism (Protection of Premises) Bill.
The webinars will take place throughout the next two months on 13 February 2024 (3 pm – 4 pm), 20 February 2024 (11.30 am – 12.30 pm), 27 February 2024 (11.30 am – 12.30 pm), 28 February 2024 (10.30 am – 11.30 am), 29 February 2024 (10 am – 11 am) and 7 March 2024 (2 pm – 3 pm).
The Home Office has confirmed its Microsoft Teams function can accommodate up to 10,000 people. However, only the first 1,000 can participate in the chat/come off of mute, and everyone else will be in listen-only mode. To counter any issues experienced if the event exceeds 1,000, the Home Office will only accept questions via Slido. It will ensure the Slido details are communicated in the webinar to give everyone a chance to participate.