Terrorism (Protection of Premises) Bill

Public Bill Committee, 31 October 2024.

Clause 1 - Overview

Dan Jarvis (Labour, Barnsley North)

It is a pleasure to serve under your chairship, Dame Siobhain. It is good to see the shadow Minister, the right hon. Member for Tonbridge, in his place. He and I have known each other for a very long time, and as this may be our final exchange—

Thomas Tugendhat (Conservative, Tonbridge)

It will be.

Dan Jarvis (Labour, Barnsley North)

Well, as it sounds as though it will be our final exchange, I take this opportunity to thank the right hon. Gentleman for his service and wish him well for the future.

The purpose of clause 1 is to aid the reader of the Bill to understand its content and structure, which I am sure will be a great relief to members of the Committee as we debate the Bill. As the clause provides an overview of the Bill, this seems an appropriate moment to set out a reminder of why we have sought to legislate.

The first responsibility of any Government is to keep the public safe; that is, and will always be, our No. 1 priority. Since the start of 2017, agencies and law enforcement have disrupted 43 late-stage plots, and there have been 15 domestic terror attacks. As the MI5 director general, Ken McCallum, set out last month, this country is today subject to

“the most complex and interconnected threat environment we’ve ever seen.”

As can sadly be seen from recent terrorism incidents, the public may be targeted at a wide range of public venues and spaces. We know, too, that the terror threat has become less predictable and potential attacks harder to detect and investigate. That is why those who run premises and events need to know what they can do, and what they should be doing, to keep the public safe. That view is supported by inquests and inquiries into terror attacks, which have recommended the introduction of legislation to improve the safety and security of public venues. That includes, but is not limited to, monitored recommendation 4 in volume 1 of the Manchester Arena inquiry.

The purpose of the Bill is to ensure that appropriate procedures are in place, or appropriate measures taken, to keep us safe. Wherever people are and whatever they are doing, they deserve to both be and feel safe, ensuring protection of life and of our way of life.

While we recognise that the risks posed by terrorism are already proactively considered for some premises and events, there is a lack of consistency, which needs addressing. The Terrorism (Protection of Premises) Bill—Martyn’s law—will remedy that inconsistency. The Bill’s proposals have been subject to extensive development, and a draft version of this legislation was subjected to pre-legislative scrutiny under the previous Government. Indeed, the shadow Minister gave evidence to the Home Affairs Committee on that matter.

The Bill that we have brought forward has been adjusted to strike an appropriate balance between protecting the public and avoiding an undue burden on premises. We recognise that a one-size-fits-all approach would not be suitable for all premises and events, which is why, for example, we have adapted the Bill’s requirements to include the “reasonably practicable” test. That will enable those responsible for qualifying premises or events to take into consideration what is within their control and the resources they have available to them, as well as what is suitable and appropriate for their venue.

I take this opportunity to pay tribute once again to Figen Murray, from whom we heard so movingly on Tuesday. She has without doubt been the driving force behind this Bill. I am sure that all Committee members will agree that Figen is an inspiration to us all. With that, I look forward to the exchanges to come in the course of proceedings in this Committee.

Paul Waugh (Labour/Co-operative, Rochdale)

I would like to start with something that Figen Murray said this week in her evidence to us, which, as my hon. Friend the Minister said, was incredibly powerful:

Ben Maguire (Liberal Democrat, North Cornwall)

I really welcome the bipartisan work that the Minister has done on this legislation and also welcome the Conservative party support. I would like to add the Liberal Democrats’ wholehearted support for this important legislation. However, I would like to flag with the Minister my concerns about training, or the lack thereof, under the Bill at the moment. I would like to work with him to explore that area in a bit more detail. That issue has certainly been raised a lot by constituents when it comes to smaller venues just over the 200-people threshold. I would like to clarify that in more detail before we reach Report. The hon. Member for Rochdale rightly raised the comparison with other safety procedures, such as fire. That is a powerful point, but I add that often those fire safety procedures come with training programmes for the staff responsible. I sound that note of caution.

I pay tribute to Figen Murray, Brendan Cox and everyone the Committee has heard from. I again give my wholehearted support for the legislation.

Sonia Kumar (Labour, Dudley)

Clause 1 offers a comprehensive overview of the Bill’s structure, laying the foundations for essential protections across public venues. The Bill introduces a two-tier system, distinguishing between “standard duty” and “enhanced duty” premises, based on venue size. That tiered approach ensures that venues expecting 200 to 799 attendees may face manageable requirements, if needed, focusing on basic but effective protective measures that respect available resources. Meanwhile, venues expecting more than 800 attendees are subject to higher standards, proportionate to the risk.

Witnesses such as Matt Jukes, assistant commissioner for specialist operations in the Metropolitan police, said that

“the proposed measures in the Bill…are proportionate, and highly likely to be effective.” ––[Official Report, Terrorism (Protection of Premises) Public Bill Committee, 29 October 2024; c. 29.]

Another witness, Keith Stevens, the chair of the National Association of Local Councils, talked about the village halls where many parish and town councils meet, and was pleased that the threshold has now been lifted to 200 because that is proportionate. Those and other witness statements demonstrate that the balance of measures in the Bill will help prevent small venues from becoming overburdened, aligned with the Government’s commitment to proportionality and public safety.

By providing clear and adaptable guidelines, clause 1 provides an overview to the Bill that enables venues to enhance security in ways that suit their unique operational needs, promoting safer and more resilient public services across the UK.

Tim Roca (Labour, Macclesfield)

I think I am right in saying that the right hon. Member for Tonbridge is withdrawing his amendment.

Thomas Tugendhat (Conservative, Tonbridge)

No, I am not withdrawing it; I am just not moving it.

Tim Roca (Labour, Macclesfield)

Fair enough. But I will speak to clause 1 of the Bill. I will focus on small businesses, because we heard a lot in the evidence session about the impact on them. They are the lifeblood of our economy and key contributors to keeping our high streets vital and thriving.

It is important to reflect on the evidence we heard about the impact that the Bill will have on small businesses, particularly what Mayor Andy Burnham said about the experience they have had in Greater Manchester already. The city council in Manchester held partnership sessions with large and small businesses alike—over 2,000 people across 10 sessions representing 700 businesses. They then held the tabletop discussions that Figen Murray talked about, including with large spaces such as the Printworks, all the way down to small independent restaurants. The response of those businesses was clear. They believe that there is a need for the legislation, and they do not believe that the provisions are prohibitively onerous. They believe that, at most, it would cost them two hours of staff time.

I will quote from Gareth Worthington, the night time economy officer at CityCo and Manchester business improvement district, which I am happy to place in the Library:

“If a venue operator does not know how to evacuate their venue they should not be running that venue and if training can be provided to help make that evacuation safer then venues should grasp it with both hands.”

Businesses recognise that their first duty is to keep their patrons safe, and that sensible practical measures can be taken to reduce the chance of harm. Businesses are aware of the threats out there. The Minister alluded to those when he spoke: 43 late-stage terrorist plots foiled, and in the last year the number of state-threat investigations launched by the security services increased by 48%. The practical measures in the Bill are necessary, reasonable and proportionate.

Finally, I want to talk about Figen Murray, as she is one of my constituents. I cannot put it better than the way Mayor Andy Burnham phrased it:

“Figen responded to an awful, evil act of hate, with love…Everything she has done since losing her son has been about making the world a better place in his memory.”

He also said:

“Through her work with young people and her campaign for Martyn’s Law, she is helping to prevent future tragedies and give every parent peace of mind. She is a real icon of Greater Manchester.”

I am proud that she is one of my constituents.

Thomas Tugendhat (Conservative, Tonbridge)

Given that this is the last time I will speak on this Bill Committee, I want to pay tribute to Figen and Brendan for the work they have done.

There is always a danger with such Bills that we put the blame not on the perpetrator but on those who are actually victims. I say that because the businesses that must make provision, pay the cost and bear the burden are also victims of the perpetrators. Let us be absolutely clear: for all that this law lays out the responsibilities on businesses, the true responsibility falls on those perpetrating these attacks.

Today, as Ken McCallum would tell us, the Iranian state is a prime originator, and the Muslim Brotherhood is a feeder, of the evil we see perpetrated. It is the various jihadi extremist organisations that make this country less safe, and different aspects of other political parties also make it more dangerous. We must be absolutely clear that responsibility for the actions we are talking about actually falls not on the businesses but on those who encourage, tolerate and perpetrate terrorism. Let us be absolutely clear today that one of the principal vectors for this violence comes straight out of Tehran and through various organisations that are still operating in this country despite many attempts to close them down.

Dan Jarvis (Labour, Barnsley North)

I am grateful for the contributions made by my hon. Friends the Members for Rochdale, for Dudley and for Macclesfield. I am also grateful for the contribution made by the hon. Member for North Cornwall; the Government appreciate the Liberal Democrat party’s support, and I am happy to work, and have further conversations, with him before Report on the important point that he raised about training.

Finally, I thank the shadow Minister for his comments. I completely agree with his point about responsibility, and he is right. He will know that this new Government take these matters incredibly seriously, and I can give him and the rest of the Committee an absolute assurance that we will not rest in seeking to address the points he made and the concerns he dealt with admirably when he was the Minister.

Clause 2 - Qualifying premises

Thomas Tugendhat (Conservative, Tonbridge)

I beg to move amendment 22, in clause 2, page 2, line 11, leave out “200” and insert “300”.

This amendment sets the threshold for qualifying premises at 300 individuals.

Thomas Tugendhat (Conservative, Tonbridge)

I tabled the amendments for the simple reason that a burden will fall on businesses and on individuals; we can belittle it and say that complying will take only an hour or two, but for many small businesses that is a significant burden. As was made clear in the evidence session only the other day, the burden on local authorities, including at parish level for parish halls, can change the way in which trustees approach this issue, which is why we looked to make the changes that I recognise the Minister has indeed made.

It is important to ensure that the burdens do not grow. That is why I have tabled some of the amendments before us, which change some of the fines and request a change from simply issuing an instruction to introducing a statutory instrument—a very specific moment when the Minister actually has to make a decision and bring the issue back to Parliament. We can belittle the hours, but trustees and volunteers at village halls make their own time available—I speak from personal experience, and others will have seen this as well—so if the burden is too great, plenty of village halls will simply close because we are asking people to take on more than they are willing to give.

That is why we have tabled the amendments, but as they all speak to the same point, which is not overburdening people, my remarks can be taken to apply to them as a whole.

Dan Jarvis (Labour, Barnsley North)

I am grateful to the right hon. Gentleman for tabling his amendments. Before I turn to them, I will briefly explain why clause 2, which sets out the criteria by which premises are determined to be qualifying premises that fall within scope, is so fundamental.

I recognise that the scope of the Bill—particularly the qualifying thresholds—is an important issue to discuss. Once more, I assure Committee members that the scope of the Bill, including the thresholds, has been developed following detailed discussion with those responsible for premises and with security experts within Government. That has involved hundreds of stakeholder engagement meetings, two public consultations and the important pre-legislative scrutiny process. As a result, the Government’s firm view is that the Bill strikes an appropriate balance between protecting the public and avoiding an undue burden on premises.

Let me turn to the detail of amendments 20 and 21, which were tabled by the right hon. Member. He will be well aware that the Government have increased the qualifying threshold in the Bill from 100 to 200. As he correctly set out, clause 32 provides for the Secretary of State to be able to increase or decrease that figure and the threshold for the enhanced tier. As a result, the number of premises in scope of the Bill, and therefore required to comply, may be increased or decreased.

I assure the right hon. Gentleman and the Committee that that power is narrow, and regulations made under it will be subject to the affirmative procedure before they are made, to ensure the appropriate level of scrutiny by parliamentarians. The power is also limited in that the Secretary of State may not amend the figure to less than 100 in respect of the standard tier or to less than 500 in respect of the enhanced tier. That provides a floor, or absolute minimum number, below which the qualifying threshold cannot go.

The Government’s intention, in having the power in clause 32, is to be equipped to respond to changes in the nature or level of the threat from terrorism. We envisage that the qualifying thresholds would be reduced to either floor in only very limited circumstances, such as the nature of the threat changing significantly. The power therefore provides a necessary lever that can be used, if needed, to ensure that the legislation remains fit for purpose and continues to strike an appropriate balance between protecting the public and avoiding placing an undue burden on premises. The Government do not therefore support the amendments.

Finally, I turn to amendment 22. As I set out during oral evidence, setting a threshold inevitably raises discussion as to whether it is the right figure, and what falls on either side of the threshold will inevitably be questioned. Indeed, the Committee heard a range of views from witnesses giving evidence on Tuesday, many of whom spoke to what they believe the appropriate threshold to be. The discussion included arguments for setting it higher or lower than 200.

Ultimately, the Government have to take a view about what the most appropriate threshold is. After careful consideration of the pre-legislative scrutiny findings and consultation responses, and after taking into account the views of stakeholders and security experts, the Government have decided that 200 is the right judgment.

The amendment changing the figure to 300 would significantly impact the outcomes of the Bill, and particularly what the standard tier seeks to achieve. Furthermore, as we will discuss when we debate clause 5, the standard tier requirements have been redesigned to be relatively simple and low-cost for responsible persons to take forward. They do not require premises to make physical changes.

The Government’s firm view is therefore that 200 represents the right threshold to bring premises into the scope of the Bill. That figure strikes an appropriate balance between protecting the public and imposing a burden on premises. The Government therefore do not support the right hon. Gentleman’s amendment.

Tim Roca (Labour, Macclesfield)

I want to speak briefly to the point about thresholds, which has just been discussed. The consultations prior to the Bill were based on a threshold of 100 at the standard tier, and I welcome the ability the Bill gives the Secretary of State to reduce the threshold back to that, should the evidence warrant that. I think Members will be reassured by some of the safeguards the Minister has just talked about, which would have to be in place before any such change happened.

In the protect duty public consultation, half of respondents thought that the threshold should be 100. Moving it to 200 has already taken 100,000 premises out of the scope of the legislation, leaving 180,000 within it. Raising the threshold to 300 would in effect remove the standard tier altogether. Figen has been very clear on this point:

“Raising the threshold of 200 even higher would mean that proportionality would no longer exist”.

She has also pointed out that in her small town of Poynton, in my constituency, a threshold of 200 would already mean that not a single venue is covered by this legislation. A move to 300 would therefore be a mistake and fatal to the purpose of the Bill.

Thomas Tugendhat (Conservative, Tonbridge)

Given the very obvious numbers on the Committee, there is no point in pushing the amendment to a vote, but I still believe that the burden on small businesses is too great. I beg to ask leave to withdraw the amendment.

Schedule 1 - Specified uses of premisesSchedule 1

Dan Jarvis (Labour, Barnsley North)

I beg to move amendment 10, schedule 1, page 26, line 15, leave out paragraphs 3 and 4 and insert—

“Entertainment and leisure activities

3 Use (other than a use mentioned elsewhere in this Schedule) for the provision of entertainment, leisure or recreation activities of any description, where the activity is principally for the benefit of visiting members of the public.”

This amendment makes general provision about premises used by the public for entertainment, leisure or recreation activities and replaces references to specific types of such activities.

Dan Jarvis (Labour, Barnsley North)

The amendments in this and the following group seek to ensure that the Bill will work as effectively as intended, including by clarifying and simplifying the definitions of certain uses of premises and certain terms. They are not intended to bring any new premises into scope or to inadvertently bring unintended premises within scope.

Government amendments 10 and 11 simplify schedule 1 by creating a new category of “Entertainment and leisure activities”, which brings together the premises previously captured by paragraphs 3, 4 and 6. That will help to ensure that the legislation and accompanying guidance are simpler to understand for persons potentially within scope of the Bill.

Dan Jarvis (Labour, Barnsley North)

I beg to move amendment 12, in schedule 1, page 29, line 29, at end insert—

“(but see paragraph 4(a) of Schedule 2)”.

This amendment makes clear that paragraph 14 of Schedule 1 (aerodromes) is subject to the exception in paragraph 4(a) of Schedule 2 for premises covered by an aerodrome security plan under the Aviation Security Act 1982.

Dan Jarvis (Labour, Barnsley North)

Government amendment 12 simply highlights that the term “aerodromes” does not include those covered by the exception in schedule 2 with an aerodrome security plan under the Aviation Security Act 1982.

Government amendment 13 is a technical amendment to ensure that Scottish further education establishments are more appropriately described and to reflect any future changes to relevant Scottish legislation.

Government amendment 14 is a change to clarify that agricultural colleges in Northern Ireland are captured, and Government amendment 15 is a technical change to improve the accuracy of the definition of higher education institutions as applied in Scotland.

Dan Jarvis (Labour, Barnsley North)

I beg to move amendment 16, in schedule 1, page 34, line 37, after “to” insert “visiting”.

This amendment clarifies that the use of premises for the provision by a public authority of facilities or services is only relevant for the purposes of Part 1 of the Bill if members of the public visit the premises in connection with those facilities or services.

Dan Jarvis (Labour, Barnsley North)

Government amendment 16 clarifies that premises used by public authorities for the provision of facilities or services are only in scope if the public visit the premises to use the facilities or receive those services.

Government amendment 17 clarifies that

“visiting members of the public”

includes members of the public who have paid to access, have invitations or passes allowing access to, or are members or guests of a club, association or other body. That more accurately captures the differing arrangements for public access that may be in place at premises in scope, such as private members’ clubs.

Dan Jarvis (Labour, Barnsley North)

We have previously spoken at length about the purpose of schedule 1, so I trust that the Committee are suitably satisfied as to why it should stand part of the Bill.

Schedule 2 - Excluded premises and events

Dan Jarvis (Labour, Barnsley North)

Schedule 2 specifies certain types of premises that are excluded from the Bill’s scope, which is necessary where there are already similar legislative requirements or protective frameworks in place. This covers, in particular, certain transport premises and premises occupied by Parliament and the devolved legislatures.

Schedule 2 also defines a category of open-air premises that might fall in scope, but where it would be impractical or disproportionately difficult to deliver the requirements given the nature and operation of those premises. The category includes parks and premises used for grassroots sports, which generally do not have controlled access or defined physical boundaries. These premises are therefore excluded, except where they employ individuals to ensure that members of the public have paid to access the premises, or where they have invitations or passes to do so; in cases where entry and exit to the premises are controlled and payment is taken, it is considered that there is a greater capacity and capability to consider reasonably practical procedures and/or measures as required.

Schedule 2 also maintains the provisions in schedule 1 that places of worship and premises used for childcare or primary, secondary or further education fall within the standard tier, meaning that qualifying events cannot occur on those sites.

Clause 3 - Qualifying events

Clause 4 - Persons responsible for qualifying premises or events

Dan Jarvis (Labour, Barnsley North)

Clause 4 defines who is responsible for qualifying premises or a qualifying event, and therefore who is responsible for meeting the relevant requirements. With regard to premises, paragraph (a) of subsection (1) provides that:

“a person is responsible for qualifying premises if the person has control of the premises in connection with their relevant Schedule 1 use”,

such as the operator of a hotel.

Subsection (2) sets out what is meant by “relevant Schedule 1 use”. If premises are used for one of the uses specified in schedule 1, that is the relevant use. That is the case even if premises are also used for other purposes not listed in schedule 1. Some premises will be used for more than one of the uses specified in schedule 1. In such cases, it is the person with control over the premises in connection with that principal use who will have to meet the relevant requirements.

Subsection (3) provides a regulation-making power that enables the Secretary of State to provide specific rules as to how the principal use is to be determined. We expect that the principal use will be readily apparent in the vast majority of cases, but the power will ensure that clarity can be provided if and when needed. Principal use is to be determined on a case-by-case basis. Guidance will set out the relevant factors that should be considered when making a determination—for example, taking account of the amount of time for which the premises are used for each type of activity. The regulation-making power can be used if further specific provision is necessary.

On qualifying events, subsection (1)(b) provides that the person responsible is the person who has

“control of the premises at which the event is to be held in connection with their use for the event”—

for example, the organiser of a music festival. The relevant circumstances of the event will need to be considered to determine who the responsible person is. For example, if a concert is to be held in a park, and a company putting on the event has control of an area of the park for the purposes of delivering the concert, that company will be the responsible person. Conversely, if the local authority that operates the park puts on the concert, it will be the responsible person. Where the local authority is not the responsible person, it will still have a duty under clause 8(5) to co-operate with that person to enable them to comply with their requirements.

Subsection (4) specifies that if there is more than one person responsible for qualifying premises, or a qualifying event, they are jointly responsible for ensuring compliance with the Bill’s requirements, and may act jointly in meeting their requirements. In addition, clause 8(2), which we will debate shortly, imposes obligations on the responsible persons to co-ordinate with each other in meeting the requirements. Such a situation will arise when each of the parties has control over parts of the premises in connection with the relevant schedule 1 use. It does not mean, for example, that the multiple tenants of a shopping centre are jointly responsible for the shopping centre as a whole; rather, each will be responsible for their respective premises.

Finally, schedule 1 includes some specific provisions to identify the responsible person for particular types of premises. For example, in the case of a primary or secondary school, paragraph 16 provides that the responsible person will either be the local authority or the governing body of the school. Clause 4(5) provides that those specific provisions apply instead of the general provisions of the clause.

Clause 5 - Public protection procedures

Dan Jarvis (Labour, Barnsley North)

Clause 5 places a requirement on those responsible for all qualifying premises and events to put public protection procedures in place, so far as is reasonably practical. This applies to both standard and enhanced duty premises and events. The intention of having such procedures in place is to reduce the risk of physical harm that could be caused to individuals present at qualifying premises and events if an act of terrorism were to occur.

The procedures will help to prepare people working at premises and events to take steps to reduce the risk of harm and move people away from danger. All qualifying premises and events will have to consider how to evacuate, move people to safety, lock down and communicate information. In practice, these procedures focus on simple, low-cost activities such as identifying safe exit routes and lockable doors. The Bill does not require standard duty premises to make physical changes to their sites. Premises must consider the procedures that are appropriate for them.

The procedures that the Bill requires are simple steps to reduce the physical risk to the public from acts of terrorism. They are similar to, but often with key differences from, other legislative procedures. For example, in developing evacuation procedures, those responsible may want to consider safe exit routes for full, partial or phased evacuations, and where they differ from evacuation procedures required by fire safety, such as how they are communicated and where people should congregate. With a focus on ensuring preparedness, security experts advise that these types of procedures are best placed to reduce the risk of physical harm. Qualifying premises will all be different. Further information on how the procedures would apply in practice is provided in the factsheets. Statutory guidance will support the development and implementation of appropriate procedures to allow premises and events to introduce procedures that are right for them, taking into account their circumstances and resources.

Clause 5 sets out that the Secretary of State may, through affirmative regulations, amend the types of procedures that should be in place. This power is carefully constrained. First, further procedures can be added only if they are considered to reduce the risk of physical harm to individuals. Secondly, procedures can be removed or changed only if doing so is not considered to increase the risk of physical harm.

Chris Murray (Labour, Edinburgh East and Musselburgh)

I wanted to speak on this clause because it is arguably the most important component of this legislation and could have the biggest impact. Obviously we all hope that terrorist events do not happen, but we must be alert to the possibility that they can, and to what we collectively need to do to prepare for that situation.

Enhanced-tier organisations, particularly those at the upper end such as stadiums, will already have many operations in place to prepare for that. They will do table-top exercises; they will do war games; they will designate staff; they will have protocols. But for the standard tier, in particular, will not automatically be doing that. As we see the terror threat evolving to target those smaller standard-tier institutions, it is important that we prompt them, through this legislation, to do that thinking.

The former US Under-Secretary of State for Homeland Security, Juliette Kayyem, talks about the distinction between “pre-boom” and “boom” with terrorist events. Pre-boom, we can do a lot of work to stop terrorists—put in checks and do things—but we have to think about what we do in the moment when the terrorist attack has already begun. That is not the time for institutions, particularly small institutions, to be thinking, “What is the exit route? What do we need to do? Who’s in charge here?” In reference to American school shootings, Juliette Kayyem says that the least useful person, once a school shooting has started, is the person who says, “We should have banned guns.” It is too late to be having that conversation, and the gun is already in the school. People need to be prepared for that situation.

The four requirements under subsection (3) are small, and quite intuitive, prompts that we are asking of standard-tier institutions; but in giving those prompts we could be encouraging them to take the small steps that will, when the terrorist event happens, affect the outcome and could really save lives. This is a really important clause.

The Opposition have made the point that the clause presents a burden on business, and it is true that it is bringing into scope organisations that probably have not had this burden placed upon them before. Admittedly, there is a component of burden being placed here—but actually it is not the legislation that is doing that; it is the evolving terror threat, which we are responding to. That is why it is important to note that the proposals made here—those four requirements—are straightforward. As I say, they are almost intuitive and commonsensical. They are not onerous and they are low-cost.

My constituency, the city centre of Edinburgh, is event central. We have hundreds of events there every week, and in August we host the third-biggest ticketed event in the world—double the number of people go to events in that month as go to the Olympics. But they are not all in one place. It is not one big stadium; they are spread throughout the city.

Some of those events, such as the Tattoo, would qualify for the enhanced tier, but many of them would be standard tier. If we can prompt them to make these changes, we really could make a huge impact. If we do not do that and there is a chilling effect because people feel insecure, the burden on organisations will significant; we need to take that seriously. That is why the distinction between standard and enhanced is appropriate, and I think the requirements being made of the standard tier are the right ones.

This very important clause codifies something that society should be doing anyway, given the evolving terror threat. The way we will know it has had an impact is that we will never hear about it again, because the prompts will mean that further action is not required and tragedies do not happen.

Clause 6 - Public protection measures for enhanced duty premises and qualifying event

Thomas Tugendhat (Conservative, Tonbridge)

I beg to move amendment 25, in clause 6, page 5, line 1, leave out paragraph (a).

This amendment prevents the Secretary of State from creating further requirements for enhanced duty premises by regulations.

Thomas Tugendhat (Conservative, Tonbridge)

This very simple amendment is in line with the others that I have already spoken about. It would limit the Government’s power to exert extra burdens on small businesses.

Dan Jarvis (Labour, Barnsley North)

I thank the right hon. Gentleman for tabling this amendment. The Government consider that specifying further measures is an important power for the Secretary of State and must be available to ensure effective protection of the public through these measures.

Having the ability to specify further public protection measures through regulations means that the requirements of the enhanced duty can be amended to reflect changes in the terrorism threat, advances in technological solutions and our response to them. For example, there may be lessons learned from future incidents, further common types of attack may emerge, or best practice may evolve.

The right hon. Gentleman’s amendment would limit the Government’s ability to protect the public and safeguard them from harm. I understand that the intention behind it may relate to fears over the burden that future measures may create. However, the clause is drafted to constrain the power to be exercisable only where it is considered that the further measures will reduce vulnerability to, or the risk of physical harm from, an attack. It is intended to ensure that new requirements are limited to those necessary to protect the public, and remain in line with the overall objectives of the measures under the clause. Given the evolving nature of terrorism and the threat it poses, the Government consider it necessary to include this power, and therefore do not support the amendment.

On amendment 26, the Government consider it important to be able to remove or amend public protection measures from the list in subsection (3). For example, the Government might identify potential amendments to improve the measures through lessons learned and evolving best practice. This power is drafted so that the Secretary of State may remove or amend the types of measures only if they consider that doing so will not either increase the risk of physical harm to individuals or increase the vulnerability of the premises or event to the risk of acts of terrorism. That is in accordance with the overall objectives of the measures within this clause, as stated in subsection (2).

Were we to agree to the amendment, specified measures could be amended or removed without a requirement in the Bill for the Secretary of State to expressly consider how those public protection objectives would be effective in taking away or altering a measure in the list approved by Parliament. The Government do not consider that appropriate and therefore respectfully do not support the right hon. Gentleman’s amendments.

Thomas Tugendhat (Conservative, Tonbridge)

I beg to ask leave to withdraw the amendment.

Clause 7 - Enhanced duty premises and qualifying events: documenting compliance

Dan Jarvis (Labour, Barnsley North)

Clause 7 places a legislative requirement on those responsible for enhanced duty premises and events to prepare and maintain a document that records their compliance in relation to putting in place procedures, under clause 5, and measures, under clause 6. This is necessary to ensure that premises are able to more easily demonstrate compliance, and the Security Industry Authority is able to assess that against the Bill’s requirements. Many premises will already be documenting similar mitigations in regard to existing security plans for non-legislative purposes—fire safety and health and safety legislation, for example.

Documents should contain statements that relate to the public protection procedures and measures that are implemented, or proposed to be implemented, at their premises or event. Documents should also contain assessments to provide a rationale as to how the proposed procedures and measures will reduce both physical harm to individuals present and vulnerabilities of the premises or event if an attack were to occur.

When complete, the document should contain the totality of the procedures and measures deployed and sufficient detail to enable the authority to assess whether those responsible for premises and events are compliant with the Bill’s requirements. In the first instance, those responsible for enhanced duty premises and events are required to provide the document as soon as reasonably practicable after it is prepared and within 30 days of any subsequent revision.

Clause 8 - Requirements to co-ordinate and co-operate

Dan Jarvis (Labour, Barnsley North)

Clause 8 places a requirement upon certain duty holders to co-ordinate or co-operate with each other when complying with requirements. Subsections (1) and (2) deal with instances whereby there is more than one responsible person, requiring those persons to co-ordinate so far as is reasonably practicable with the requirements imposed upon them. An example of this may be a joint venture between two parties with equal control. The requirement applies to all premises and events within scope of the legislation. It will ensure organisation between mutually invested parties and encourage unified decision making in relation to the requirements placed upon them.

Subsections (3) and (4) concern where one qualifying premises forms part of another. The persons responsible for both premises must so far as is reasonably practicable co-ordinate with each other in complying with the relevant legislative requirements. The purpose of this provision is to ensure that responsible persons in such scenarios, such as a shopping centre, combine efforts or actions to reach mutually effective and compliant outcomes in relation to relevant requirements. That might, for example, entail the shopping centre operator liaising with different units in scope to ensure there is a co-ordinated and effective evacuation plan.

Subsections (5) and (6) concern where a person has some form of control of an enhanced duty premises or event, but is not the responsible person. Where that is the case, they must so far as is reasonably practicable co-operate with each other in complying with the relevant legislative requirements. Examples of persons in control but not the responsible person would be a building owner who has leased the premises to a separate operator, or a landowner who has given permission for a qualifying event to take place on their land. The purpose of this requirement is to assist the responsible person in ensuring that appropriate public protection measures are in place under clause 6. In instances where they require relevant permissions or support from other parties who have some control over the premises, there is a duty placed on such parties to co-operate so far as is reasonably practicable.

Subsection (7) specifies that a requirement under this section does not extend to a requirement imposed by a penalty notice. Those responsible may require co-ordination or co-operation from other duty holders in regards to meeting relevant requirements, including compliance and restriction notices, but this does not extend to penalty notices. If there is a dispute in relation to scenarios of co-ordination or co-operation, clause 11 enables interested persons to apply for certain determinations by a tribunal. The tribunal may be asked to determine whether a person is a responsible person, or the extent to which a person who is not a responsible person has control of the premises. In summary, placing a requirement upon relevant responsible persons and duty holders to co-ordinate or co-operate will further drive compliance with the Bill’s requirements and therefore better protect the public.

I turn briefly to clause 9, which requires those responsible for qualifying premises or events to notify the SIA when they become or cease to be responsible for premises or events. Those responsible for premises or an event must notify the SIA of that responsibility upon commencement of the legislation. If a person becomes responsible for premises or an event after the legislation has commenced, they too must notify the SIA of that. The requirements of the clause will assist the SIA in knowing which premises and events within scope of the legislation are actively demonstrating compliance and so identifying those who are not. The time limit within which notifications must be made will be specified by the Secretary of State in regulations. Clause 9 also sets out that the Secretary of State may, via regulations, specify the form and manner in which notifications must be sent and the information that is required to be included in a notification, such as information about the premises or event and contact details for the responsible person.

Clause 10 places a legislative requirement on those responsible for all enhanced duty premises and qualifying events to designate a senior individual where the responsible person is not an individual. Examples of responsible persons that are not individuals are bodies corporate, limited partnerships and unincorporated associations. The individual undertaking the role must be someone who is involved in the management of, or has some form of control within, the organisation—for example, a director or partner, rather than a lower-level employee. That will help ensure that the individual appointed has appropriate influence and seniority to drive forward compliance with the requirements. The senior individual may delegate actions that relate to the relevant legislative requirements to ensure they are complied with. However, they cannot delegate their overall responsibility for ensuring compliance.

Clause 11 - Determinations by the tribunal

Dan Jarvis (Labour, Barnsley North)

It is a great pleasure to serve under your chairship, Sir Edward. Clause 11 will enable an interested person to apply to the tribunal for an independent determination on matters where disagreements may arise. An “interested person” can mean either the Security Industry Authority or a person who has—or, for an event, will have at some point—control of the premises or event to any extent. Interested parties may apply to the tribunal where there are disagreements or a need for clarity on whether a premises or an event are in scope and in which tier they fall, who is responsible for them, and whether a person is required to co-operate with the person responsible for them. A determination by the tribunal will be legally binding.

Clause 12 - Role of the Security Industry Authority

Edward Leigh (Conservative, Gainsborough)

With this it will be convenient to discuss the following:

Dan Jarvis (Labour, Barnsley North)

Clause 12 will allow the SIA to effectively operate as the regulator for the Bill by setting out its responsibilities, powers and role. The primary role of the SIA will be to provide support and guidance. However, it is also important that it has the powers necessary to investigate and monitor compliance, so that the legislation can be enforced effectively. Schedule 3 therefore grants powers to authorised inspectors to investigate whether persons responsible for premises or events are contravening or have contravened requirements of the Bill. The schedule outlines their powers to gather information, the use of warrants, their ability to enter premises without a warrant, and supporting offences.

Under the schedule, inspectors will be able to serve information notices to gather relevant information for inspection purposes. The notice could require a person to provide written detail relating to an investigation or to attend an interview. Inspectors may enter premises without a warrant, subject to certain conditions in paragraph 4. However, schedule 3 also provides for inspectors to apply for warrants to enter premises, with paragraph 6 setting out the powers afforded to inspectors once a warrant is issued. The schedule also creates criminal offences for failing to comply with information notices, obstructing authorised inspectors and impersonating inspectors.

Under clause 12, the SIA must prepare guidance about how it will exercise its functions, which must be submitted to the Secretary of State for approval. Approved guidance must then be published and kept subject to review, and revised accordingly as needed. The SIA must also provide advice about the requirements of the Bill, as well as reviewing the effectiveness of the requirements in reducing the risk of harm and the vulnerability of premises and events in scope.

The clause also requires the SIA to comply with requests from the Secretary of State and provide an annual report, which is to be laid before Parliament. The SIA is the appropriate body to undertake this role, due to its years of experience in increasing security standards and ensuring public protection. I hope that the Committee will support clause 12 and schedule 3.

I turn now to new clause 2, tabled by the shadow Minister, the right Member for Tonbridge. Establishing the SIA as the new regulator for this legislation, which is the first of its kind, will take at least 24 months. That is in line with the timeframes taken to establish new regulatory functions in existing bodies over recent years. I am sure he will agree that it would not be possible or fair to judge a new regulator’s performance before the regime has been established. Once the SIA has taken on its new role, it will take time before there is robust data against which to evaluate its performance.

The legislation already establishes several checks and balances on the performance of the SIA, as is standard with arm’s length bodies. They include the production of an annual report on performance, enabling the Secretary of State to issue directions to the SIA, and ensuring that the Secretary of State has the power to appoint board members and approve statutory guidance for publication.

Further to this, I have confidence that the SIA is the right home for the regulator because it already plays an important role in safeguarding the public through its statutory and non-statutory work. With a wealth of experience in inspecting and enforcing legislation, it better protects the public. With the addition of its new function, the SIA will be able to raise security standards for both people and places.

The Home Office will maintain appropriate levels of oversight and accountability to ensure that the regulator is delivered as intended. Once operational, the Secretary of State will closely monitor the performance of the regulator to ensure that it carries out its functions under the Bill effectively. For the reasons that I have set out, the Government do not support the amendment.

Thomas Tugendhat (Conservative, Tonbridge)

I tabled the new clause on the SIA for the simple reason that its reputation goes before it. Work that was done in the Department under a previous regime demonstrated that there were alternatives, which we felt would offer not only better value for money but greater ministerial oversight and better accountability to those who are forced to use its services. But clearly, with the Government’s majority, it is for the Minister to decide.

Clause 13 - Compliance notices

Edward Leigh (Conservative, Gainsborough)

With this it will be convenient to discuss clauses 14 to 16 stand part.

Dan Jarvis (Labour, Barnsley North)

A successful terrorist attack can have devastating consequences. It is vital to the effective operation of this legislation that the SIA can take action if it believes there is or has been a failure to fulfil the Bill’s requirements. Clauses 13 to 16 will enable it to do so. Clause 13 therefore gives the SIA the ability to issue a compliance notice.

A compliance notice requires the recipient to remedy non-compliance within a certain period and could require specific actions to be taken. For example, a notice could require the recipient to put in place an evacuation procedure within four weeks where no such procedure is already in place.

The SIA must allow a reasonable period for specified steps to be taken, and, before issuing the notice, must give an opportunity for representations to be made. Failure to comply with a compliance notice could lead to the SIA issuing a monetary penalty and, in relation to enhanced duty premises and qualifying events, would be a criminal offence. A person may appeal a compliance notice under clause 16. Due to the risk posed by terrorism, it is important that the SIA has the tools to address non- compliance where guidance and engagement fall short.

Clause 14 provides that the SIA may issue a restriction notice where it believes that appropriate public protection procedures or measures are not in place at an enhanced duty premises or event. The SIA may issue such a notice if it believes that the restrictions specified within it are necessary to protect people from the risk of harm if an attack occurred at or near a premises or event. To reiterate, a restriction notice cannot be issued for standard duty premises. For that reason, it is anticipated that it will be used in exceptional circumstances where immediate action is needed to mitigate the risk.

The notice can require the temporary closure of premises, prohibit an event from taking place, or impose certain restrictions on the premises or event. For example, it could limit the number of people who may attend an event at any one time. The restrictions would apply until appropriate measures are in place, or the notice expires or is withdrawn. A notice cannot last more than six months initially, but is subject to being extended for three months at a time.

I do not wish to pre-empt our debate on later clauses, but it is important to note that the SIA will be able to issue both non-compliance and daily penalties where a restriction notice has not been complied with. Where it is in the public interest, a person may ultimately be prosecuted for breach of a restriction notice, which is an offence under clause 24.

I turn now to clause 15. Once a compliance notice or restriction notice has been issued, it is important that the SIA has the flexibility to vary and withdraw it if needed to reflect positive steps taken by the recipients or to deal with their continuing non-compliance.

The clause also contains several safeguards. First, it specifies that a compliance notice or restriction notice cannot be made more onerous, in order to protect the recipient from changes that are more burdensome. It could therefore be used, for instance, to vary a notice to reduce the requirements in it or to extend the period for complying with it to allow the recipient more time to satisfy it.

The clause also includes the further safeguard that a restriction notice may be varied to extend the period for which it has effect by no more than three months at a time. That must happen before it expires, and only so long as there are reasonable grounds to believe that the reasons for the original notice still apply.

The SIA may also withdraw a compliance or restriction notice where it considers that the notice is no longer required. For example, a restriction notice may not be needed to protect the public from the risk of harm because non-compliance has been rectified or sufficiently reduced. That is what the clause seeks to achieve.

Finally, clause 16 provides a right of appeal against a compliance or restriction notice, or the variation of either notice. An appeal can be brought within 28 days of the notice being given, on the grounds that the decision to give or vary the notice was wholly or partly based on an error of fact, wrong in law, unfair or unreasonable, or for any other reason. Pending the outcome of an appeal, a compliance notice will have no effect unless the tribunal orders otherwise, but given the reasons for issuing a restriction notice, a restriction notice will ordinarily continue to apply.

The clause ensures that enforcement decisions of the SIA are subject to review by an independent judicial body. The tribunal may consider evidence that was not before the SIA at the time of its decision and, where it does not dismiss an appeal, the tribunal will vary or cancel a notice.

Clause 17 - Penalty notices

Edward Leigh (Conservative, Gainsborough)

With this it will be convenient to discuss the following:

Government amendments 5 to 7.

Amendment 28, in clause 18, page 13, line 17, leave out “18” and insert “10”.

See explanatory statement to Amendment 30.

Amendment 29, in clause 18, page 13, line 18, leave out from after first “is” to “5%” in line 20.

See explanatory statement to Amendment 30.

Amendment 30, in clause 18, page 13, line 21, at end insert

“up to a maximum amount of £10 million”.

This amendment sets a maximum non-compliance penalty for enhanced duty premises at £10 million.

Government amendment 8.

Clause 18 stand part.

Amendment 27, in clause 19, page 14, line 24, leave out “different” and insert “lower”.

The amendment restricts the Secretary of State to lowering the daily penalties rate for non-compliance by regulation.

Clauses 19 to 23 stand part.

Dan Jarvis (Labour, Barnsley North)

This group of clauses sets out the means by which the SIA will be able to issue civil penalties for non-compliance. Although it is intended that the SIA will rely mainly on advice and guidance in the first instance, a credible sanctions regime with suitable monetary penalties is necessary to ensure that the regulator can secure compliance where it identifies serious or persistent non-compliance.

Where a person fails to fulfil a requirement, it is important that the SIA has the ability to issue financial penalties that can reduce the financial benefit of non-compliance. Where a person fails to comply with a compliance notice, restriction notice or information notice, they may be prosecuted for a criminal offence if it is in the public interest. In most cases, however, penalties will likely be the appropriate way of dealing with non-compliance.

Clause 17 enables the SIA to issue a penalty notice if it is satisfied, on the balance of probabilities, that a person is contravening or has contravened a relevant requirement—for example, if the responsible person for an enhanced duty premises has failed to put in place appropriate public protection measures. A penalty notice will always specify a non-compliance penalty to be paid by the recipient.

The maximum amount of a non-compliance penalty to be imposed by way of a penalty notice is set out in clause 18, which sets the penalty amounts at a level to counter financial gain from non-compliance. The maximum penalty is higher for enhanced duty premises and qualifying events because of the potentially more impactful consequences of non-compliance in the event of an attack.

In most cases, it is anticipated that penalty notices will be used in the event of breach of a compliance or restriction notice, but the Bill allows for a penalty notice to be issued regardless of whether a compliance or restriction notice has been issued. That will provide a powerful deterrent to those who would seek to evade the requirements.

Clause 17 also includes particular provision to ensure that penalty notices are issued fairly. A penalty notice cannot be issued more than once for the same contravention, and payment cannot be required less than 28 days from the issue date.

Government amendments 5 to 8 update the clause in respect of the maximum penalty for failing to attend an interview. Paragraph 3(1)(b) of schedule 3 gives the SIA the power to issue notices to require a person to attend an interview. Notices can be issued to a broad range of individuals, including employees, who the SIA considers may hold relevant information.

The maximum penalty for failing to attend an interview should be tailored to reflect the fact that the penalty will always be imposed on an individual and the broad cohort of individuals who may receive one. Although the individual may sometimes be the responsible person, it is anticipated that the proposed interviewee will likely be working for the responsible person in most cases. These Government amendments therefore provide for a specific maximum amount of non-compliance penalty for failures relating to attending an interview. The maximum will be £5,000 across both the standard and enhanced tiers.

Clause 19 enables the SIA to impose daily penalties in addition to a non-compliance penalty. They may be included in a penalty notice where it is issued for the contravention of a compliance or restriction notice. Daily penalties will start to accrue from the day after the date on which the non-compliance penalty is due. They will cease to be payable when the contravention ends or the penalty notice is withdrawn or varied to such effect.

The maximum daily penalty for standard duty premises is £500, but for enhanced duty premises or qualifying events, the maximum amount is £50,000 per day. The maximum amounts are intended to further disincentivise continuing non-compliance, recognising the breadth of organisations in scope, the differing requirements of each tier, and the potentially more serious consequences at larger premises and events.

Clause 20 sets out how the SIA will determine the appropriate amount of a non-compliance or daily penalty. Importantly, it specifies that the amount must be not only “appropriate” but

“proportionate to the contravention in respect of which it is imposed.”

That means that it must reflect the seriousness of the matter. Specifically, the clause sets out that the SIA must take into account the effects of the contravention, the action taken to fix the contravention or mitigate its impact, and the recipient’s ability to pay. The list is not exhaustive, and the SIA will take into account any other relevant matters when making its determination.

Clause 21 sets out procedural requirements for the issuance of penalty notices. It sets out that prior to issuing a notice, the SIA must notify the potential recipient of its intention to issue a notice and provide them with the opportunity to make representations. It sets out the information that must be included within the notice: the amount of any non-compliance and daily penalty and when they must be paid; the reason the person is receiving the notice; the consequences of non-payment; and how they can appeal. It enables the SIA to vary a notice, but a notice cannot be varied to increase the level of penalty, add daily penalties or shorten the payment period. That will protect the recipient of the notice, and give them the certainty that they will not be subsequently issued with a more onerous penalty.

Clause 22 provides a right to appeal against a penalty notice, or the variation of a notice. An appeal can be brought within 28 days of the notice being given or varied on the grounds that the decision was wholly or partly based on an error of fact, wrong in law, unfair or unreasonable, or for any other reason. Pending the outcome of an appeal, a penalty notice will have no effect unless the tribunal orders otherwise. The clause ensures that decisions to issue penalty notices are subject to review by an independent judicial body. The tribunal may consider evidence that was not before the SIA at the time of its decision, and where it does not dismiss an appeal, the tribunal will vary or cancel a notice.

Finally, clause 23 enables the SIA to take action to recover amounts due under a penalty notice as if the debts were payable by an order of the High Court or, in Scotland, as decreed by a sheriff court. To address non-compliance with penalty notices, there needs to be mechanism for the SIA to recover unpaid penalties. In order to incentivise the timely payment of penalties, interest will accrue on penalties that are not paid by the date specified in a penalty notice, at the rate specified in section 17 of the Judgments Act 1838. The SIA will pay any penalties, including interest, on the consolidated fund.

Edward Leigh (Conservative, Gainsborough)

Mr Tugendhat, do you wish to comment?

Thomas Tugendhat (Conservative, Tonbridge)

Simply to say that, although there needs to be a maximum sum to levy as a penalty, £18 million strikes any reasonable person as extremely high. Although we completely agree with compliance, the fines strike me as a little out of proportion.

Clause 24 - Offences of failing to comply with compliance notice or restriction notice

Edward Leigh (Conservative, Gainsborough)

With this it will be convenient to consider clauses 25 and 26 stand part.

Dan Jarvis (Labour, Barnsley North)

As I have already said, the Bill gives the SIA powers to take a range of enforcement action, including issuing monetary penalties, to enable it to deal with non-compliance. Such action is anticipated to be the primary method of enforcement, allowing swifter resolution without resorting to criminalisation. However, where civil enforcement is not enough, the public will expect criminal consequences for cases of non-compliance, such as persistent and egregious failures.

Clause 24 makes it a criminal offence to fail to comply with a compliance or restriction notice that has been given in relation to enhanced duty premises or a qualifying event. It will be a defence for the accused in subsequent criminal proceedings to show that they took all reasonable steps to comply with the relevant compliance or restriction notice. The offences are triable either way and, if convicted on indictment, a person will be liable to a sentence of up to 2 years’ imprisonment and/or a fine.

Turning to clause 25, receipt of accurate information will be vital to the effective functioning of the SIA and to ensure that any public safety risks arising from non-compliance can be addressed. Although we expect information to be provided in good faith in the majority of cases, clause 25 makes it a criminal offence to provide false or misleading information where the person either knows that the information they are providing is false or misleading, or is reckless as to whether it is.

That might happen where the responsible person notifies the SIA that they are responsible for qualifying premises but knowingly misleads the SIA as to whether their premises are in the standard or enhanced tier. A person in receipt of an information notice might also give false information to the SIA in responding to that notice. The offence does not criminalise genuine or honest mistakes, such as where a person provides information that proves to be inaccurate but did so in good faith. The offence is triable either way and, if convicted, a person may be liable to a sentence of imprisonment for no more than 2 years and/or a fine. The offence will provide a deterrent and an appropriate punishment for those who purposely provide false or misleading information to the SIA to avoid complying with the requirements or to evade enforcement action.

Clause 26 provides that a person other than the body may also be liable in some cases for a criminal offence committed by the body. The person must be a relevant person in the body or a person purporting to act in that capacity for the body. A relevant person is involved in the management or control of the entity, such as a company director or partner. That ensures that those involved in senior management can be liable for offences committed by the body. Those offences relate to serious misconduct and persistent, egregious non-compliance by the body.

Specifically, a relevant person may be liable alongside the body for the offences of failing to comply with a compliance, restriction or information notice if the body committed the offence with their consent or connivance or as a result of their neglect. They may also be liable where they have consented to, or connived in, the body committing the offences of providing false or misleading information, obstructing an authorised inspector or pretending to be an inspector. The provision is necessary to deter serious non-compliance by ensuring managerial responsibility within bodies. Members of the Committee will no doubt have seen the importance of similar measures in other legislation.

Chris Murray (Labour, Edinburgh East and Musselburgh)

I want to make a few points on offences, following our evidence sessions on Tuesday.

Obviously, the situation in the aftermath of a terrorist attack can be very febrile: emotions run high, and media attention can be high. It is human psychology, sadly, to look for someone to blame, and we might have imagined, before we scrutinised the Bill, someone guilty of this offence finding themselves in the eye of that storm. When we questioned Shropshire council representatives on Tuesday, they spoke about the obligations that would be on them if they were the people affected. I was reassured to hear them say that they already felt that burden of responsibility and that this legislation did not impose any further such burden on them.

The legislation refers to non-compliance in general, not non-compliance in the aftermath—that is really important. I thought it would be good to put on record the reassurances we heard on Tuesday on these measures.

Clause 27 - Guidance

Dan Jarvis (Labour, Barnsley North)

Clause 27 will place a duty on the Secretary of State to publish dedicated guidance to assist those in scope of the Bill in understanding how best to fulfil the requirements placed on them. The guidance will be easy to follow, requiring no particular expertise. It will help in determining how many persons may be reasonably expected to be present on the premises, and whether premises or an event are in scope and, if so, in which tier. It will provide guidance around the requirements to be followed, such as what an appropriate evacuation procedure should include or understanding what public protection measures it might be reasonably practicable to have in place at enhanced duty premises.

The published guidance must be laid before Parliament. It must be kept under review and may be revised accordingly. The revised guidance must also be published and laid before Parliament. The guidance may be used by the SIA in providing advice to duty holders and, where the SIA has taken enforcement action, a person will, in proceedings such as an appeal, be able to rely on proof that they have acted in line with the guidance to show that they have not failed to comply with a requirement in the Bill. I should be crystal clear at this point that the Government do not endorse guidance or advice issued by third-party providers. We continue to refer people to the ProtectUK platform and we have factsheets on gov.uk for all guidance and Bill updates.

Clause 28 - Disclosure of information

Dan Jarvis (Labour, Barnsley North)

I beg to move amendment 9, in clause 28, page 20, line 1, at end insert—

“(A1) Any person may disclose information to the Security Industry Authority for the purposes of the exercise by the Security Industry Authority of any of its functions under this Part.

(A2) The Security Industry Authority may disclose information held in connection with the exercise of any of its functions under this Part to—

(a) any person for the purposes of the exercise by the Security Industry Authority of any of its functions under this Part;

(b) any person with functions of a public nature for the purposes of the exercise by that person of any of those functions.”

This amendment makes provision about the disclosure of information to, and by, the Security Industry Authority.

Edward Leigh (Conservative, Gainsborough)

With this it will be convenient to discuss clause stand part.

Dan Jarvis (Labour, Barnsley North)

Clause 28 provides that any necessary disclosure of information under the Bill will not constitute a breach of obligations of confidence owed by the individual or body making the disclosure. At the same time, the Bill ensures that the disclosure of information under the Bill is in accordance with the requirements of the data protection legislation and any relevant prohibitions in the Investigatory Powers Act 2016. The clause provides assurance that disclosures required by the Bill should not contravene data protection and other relevant obligations.

Government amendment 9 ensures that the clause achieves the aims of the Bill. For the SIA to effectively carry out investigation and enforcement, it is vital that it can receive and use relevant information, especially that held by other regulatory and public bodies. Government amendment 9 therefore seeks to ensure that there is a clear and express information-sharing gateway for both the SIA and those who propose to share relevant information with it. The gateway is appropriately limited to either the SIA exchanging information with any person so long as it is for the purposes of the SIA exercising its functions under the Bill, or the SIA sharing information with other public bodies to exercise that body’s existing public functions. In relation to the latter, many of those bodies will derive their relevant functions from statute, but in some limited cases, the public functions will not be statutory, such as for sharing with central Government.

As clause 28 already provides, disclosures required or permitted by the Bill must be in accordance with the data protection legislation and the Investigatory Powers Act 2016. That ensures that there will be compliance with the requirements of the Data Protection Act 2018 and UK GDPR. I hope the Committee will support the amendment.

Linsey Farnsworth (Labour, Amber Valley)

I intend to speak only briefly on the clause. I welcome the data protection assurances given by the Minister. This is an important clause because it allows the SIA to receive and share information by way of disclosures to facilitate the exercising of its functions. This morning the Minister spoke about our security agencies having thwarted 43 late-stage plots. Integral to that would have been the sharing of intelligence. Sadly, that is not always the case, as we saw in Manchester—terror plots do happen.

Time and time again in inquiries following tragic events, whether that is large-scale disasters or children being harmed in the family home, we hear people confirming that things could have been so different if only agencies had shared information and disclosures had been made. Clause 28, as amended, will allow important preventive work to be undertaken and information to be shared. It will only serve to strengthen the SIA’s ability to ensure our safety.

Dan Jarvis (Labour, Barnsley North)

I very much thank my hon. Friend for her helpful contribution. I trust that hon. Members agree that these measures should stand part of the Bill.

Clause 29 - Means of giving notices

Edward Leigh (Conservative, Gainsborough)

With this it will be convenient to discuss clause 30 stand part.

Dan Jarvis (Labour, Barnsley North)

We have already debated clauses 12 to 14 and clause 17, and the compliance restriction penalty and information notices that the SIA will be able to issue to fulfil its investigative and enforcement functions. Clause 29 sets out the valid methods of service by which the SIA can give these notices and to whom. The methods specified are post, email, delivery by hand and leaving a notice at the person’s proper address. That will ensure that the SIA can reach people effectively.

Clause 29 also provides that notices issued to a body corporate, limited partnership and unincorporated association can be validly served on specified persons within those entities. For example, where the notice is issued to a body corporate, it can be served on an officer or member of that body. Such a person could include, but is not limited to, the designated senior individual under clause 10. Issuing notices to such persons will ensure that they are made aware and will reduce opportunities for avoidance or non-compliance.

Clause 30 allows the Secretary of State to make further provision about notices issued under part 1 of the Bill. That includes, in particular, their form and content, and the variation and withdrawal of notices. The relevant notices are compliance notices, restriction notices, penalty notices and information notices. The main provisions for these notices, which we have debated, set out the information that must be included in a valid notice, and how they may be varied or withdrawn. The power for the Secretary of State to make further provisions under clause 30 is considered necessary for adjustments to be made once the legislation is implemented.

Clause 31 - Civil liability

Dan Jarvis (Labour, Barnsley North)

The clause prevents a person from bringing a claim in private law against a person responsible for qualifying premises or events for a breach of statutory duty where they have failed to comply with requirements in the Bill. The Government consider it appropriate that means of redress for non-compliance with the new regime should be limited to enforcement by the SIA.

The SIA will have a range of enforcement actions, which are underpinned by some criminal offences, as has already been debated. It is not considered necessary to allow persons to bring private claims for simple non-compliance, such as seeking compensation for the responsible person failing to put in place public protection procedures. However, the inclusion of the clause does not preclude or otherwise affect any right of action that a person may have independently of the bail.

Clause 32 - Powers to amend this Part

Thomas Tugendhat (Conservative, Tonbridge)

I beg to move amendment 23, in clause 32, page 22, line 20, leave out from “for” to “in” in line 21 and insert

“enhanced duty premises to be standard duty premises.”

This amendment prevents standard duty premises from becoming enhanced duty premises at the discretion of the Secretary of State.

Edward Leigh (Conservative, Gainsborough)

With this it will be convenient to discuss clause stand part.

Thomas Tugendhat (Conservative, Tonbridge)

This is a simple repetition of the amendments we have made throughout the Bill to alleviate the burden on small businesses and ensure that the balance is appropriate.

Dan Jarvis (Labour, Barnsley North)

I again thank the right hon. Gentleman for tabling his amendment. He seeks to remove the provision in the clause that would allow the Secretary of State, via regulations, to make standard duty premises be treated as enhanced duty premises. It would have the effect of limiting the Secretary of State to only being able to provide that premises that would ordinarily be in the enhanced tier be treated as if standard duty premises. That is already the case in the Bill for certain premises, such as places of worship.

As I have explained, the nature and level of the threat from terrorism can evolve and change rapidly, with different behaviours, methods and tactics emerging. It is therefore important that the Government can respond quickly to protect the public if it becomes evident that there is a particular threat to certain types of premises and that the public protection measures in the enhanced tier should be in place there to reduce vulnerability and the risk of harm.

I again reassure the right hon. Gentleman and the Committee that regulations to make amendments to schedule 1 under this power would be subject to the affirmative procedure, requiring the express approval of both Houses of Parliament. For those reasons, the Government cannot support the amendment.

Thomas Tugendhat (Conservative, Tonbridge)

I beg to ask leave to withdraw the amendment.

Clause 33 - Interpretation of this Part

Dan Jarvis (Labour, Barnsley North)

The clause is technical in nature, defining certain terms used throughout the Bill. For example, the clause provides that the meaning of “terrorism” in the Bill is the same as in the Terrorism Act 2000. The clause is necessary to provide the meaning of these terms for the purposes of the Bill.

Clause 34 - Licensing: disclosure of plans of premises

Edward Leigh (Conservative, Gainsborough)

With this it will be convenient to discuss schedule 4 stand part.

Dan Jarvis (Labour, Barnsley North)

Current licensing legislation in England, Wales and Scotland requires that detailed plans for all licensed premises are kept on a register and made available for inspection by the public. These plans include sensitive information, such as CCTV and emergency exit locations, and we know that this information could potentially be utilised for hostile reconnaissance.

To minimise the accessibility of such information to hostile actors, we are amending the Licensing Act 2003, which covers England and Wales, and the Licensing (Scotland) Act 2005 to enable the UK Government to make regulations on the form and content of plans that will be kept on a public licensing register. The regulations will restrict the public disclosure of sensitive information that is likely to be useful to persons committing or preparing acts of terrorism.

Specifically, the regulations will set out that new licence applicants will be required to supply—in addition to the standard detailed plan—a new high-level plan, which will be available for public inspection. This second plan will not include any sensitive information, but will still enable members of the public to see information about licensing applications that might affect them. The standard detailed plan will still be available to licensing authorities and other responsible authorities, including the police and fire authorities, to enable them to make informed licensing decisions.

Schedule 4 provides that plans compliant with clause 34 must accompany premises licence and club premises certificate applications, which will include any variations or amendments. In practice, once the regulations are in effect, this will mean that the two-plan approach will need to be adopted by businesses applying for these licences.

The schedule further sets out that businesses with pre-existing licences may, if they wish to, seek to replace the existing non-compliant plan with a compliant one. The compliant plan would then be placed on the register and thus be available to the public. For the avoidance of doubt, this will not be mandatory for businesses that already have a licence—we are clear that that would not be proportionate. Taken together, these provisions will better protect licensed premises across England, Wales and Scotland.

Clause 35 - Regulations

Edward Leigh (Conservative, Gainsborough)

With this, it will be convenient to discuss clause 36 stand part.

Dan Jarvis (Labour, Barnsley North)

Briefly, clauses 35 and 36 are general provisions required for the operation of the Bill. Clause 35 sets out the parliamentary procedure accompanying the regulations. Clause 36 details the territorial extent of the Bill: parts 1 and 3 of the Bill extend to England, Wales, Scotland and Northern Ireland; part 2 of the Bill does not extend to Northern Ireland, with part 1 of schedule 4 extending to England and Wales and part 2 of schedule 4 extending to Scotland.

Clause 37 - Commencement

Thomas Tugendhat (Conservative, Tonbridge)

I beg to move amendment 18, in clause 37, page 25, line 5, after “force” insert “for enhanced duty premises and qualifying events requirements”.

See explanatory statement to NC1.

Edward Leigh (Conservative, Gainsborough)

With this it will be convenient to discuss the following:

Amendment 19, in clause 37, page 25, line 10, at end insert—

“(2A) Parts 1 and 2 come into force for standard duty premises requirements on such day as the Secretary of State may by regulations appoint in line with section [Independent review of operation of enhanced duty premises and qualifying events requirements].”.

See explanatory statement to NC1.

Thomas Tugendhat (Conservative, Tonbridge)

I am afraid that amendment 18 is on the same point we have made throughout, which is about overburdening.

Dan Jarvis (Labour, Barnsley North)

Again, I thank the right hon. Gentleman for these amendments. While I completely understand the sentiment underpinning them, the Government do not support them. I would, however, like to assure the Committee that the Government are committed to learning the lessons from implementation, which is why a robust monitoring and evaluation plan to monitor the Bill’s effectiveness is in place. What is more, the Government have already committed to undertaking a thorough post-implementation review, which will assess whether the legislation is meeting its policy objectives, including analysing the costs and impacts on businesses and other premises in scope.

The Government have been clear that, following Royal Assent, we expect there to be an implementation period of at least 24 months, which will allow for the set-up of the regulator, while ensuring sufficient time for those responsible for premises and events in scope to understand their new obligations and to plan and prepare. Detailed guidance will be provided to assist those in scope to prepare for the requirements, as well as extensive communications and engagement with business and organisations.

Furthermore, as I have already set out, the Bill’s requirements in the standard tier are focused on straightforward procedures designed to increase preparedness and reduce the physical risk to the public from acts of terrorism. The procedures are intended to be simple and have no cost, other than staff time, to develop and implement, with no requirement to purchase or install any additional equipment beyond what they already have in place.

For this combination of factors, we believe that the Government’s approach will provide those in scope with sufficient time and information to prepare for the Bill’s requirements. The right hon. Member for Tonbridge, and other hon. Members, also heard in this week’s evidence sessions from several witnesses who raised the importance of the standard tier, and the crucial public-protection outcomes that it can achieve. I share that sentiment; the standard-tier requirements are important provisions that will help to mitigate the risk of physical harm from acts of terrorism. We therefore do not consider that mandating a staggered approach to implementation in the way proposed is currently required. We will keep the Bill’s measures under review and have powers to adjust the regime if necessary. For those reasons, we hope that the right hon. Gentleman will be content to withdraw his amendment.

Thomas Tugendhat (Conservative, Tonbridge)

We are nearly there, Sir Edward.

Edward Leigh (Conservative, Gainsborough)

It’s going very well—not what I am used to.

Thomas Tugendhat (Conservative, Tonbridge)

It’s your chairmanship! I beg to ask leave to withdraw the amendment.

Edward Leigh (Conservative, Gainsborough)

With this it will be convenient to discuss clause 38 stand part.

Dan Jarvis (Labour, Barnsley North)

I turn finally to clauses 37 and 38, which are further general provisions. Clause 37 provides that the Bill’s provisions will be commenced via regulations made by the Secretary of State, save for the provisions contained within part 3 and the regulation-making powers in parts 1 and 2 of the Bill, which come into force on the day that the Bill is passed. Clause 38 details how the Bill should be referred to once it has become an Act.

Edward Leigh (Conservative, Gainsborough)

New clause 1 has already been debated and is not being moved. New clause 2 has been debated already, but do you wish to comment on it, Mr Tugendhat?

Thomas Tugendhat (Conservative, Tonbridge)

On a point of order, Sir Edward. I will comment on it very happily, and merely repeat that the SIA is a regulator that has faced significant challenges over recent years and, again, I raise the question as to whether it is the appropriate regulator. As usual, however, the Minister would have the numbers in a vote.

Edward Leigh (Conservative, Gainsborough)

Thank you.

Dan Jarvis (Labour, Barnsley North)

With your leave, Sir Edward, I will take this opportunity to thank you for chairing this Committee and to thank all Members on both sides of the House for their contributions, not just today but in proceedings on Tuesday. I will also take the opportunity to say a particular thank you to all those members of my Department who have worked incredibly hard to draw this legislation together, in conjunction with the staff of this House. Their efforts have been very much appreciated. I am grateful for the cross-party nature of what we have achieved as we have progressed the Bill through the House.

Thomas Tugendhat (Conservative, Tonbridge)

It would be churlish of me not to thank you, Sir Edward, for the speed and efficiency with which you have guided us through this. This is also an opportunity to put on the record my thanks to the Minister, who has been a friend for many years—nearly 20 years, actually. It is a wonderful symmetry that, on my last day on the Front Bench for my party, I am doing what I did when we first met, which is scrutinising him.

Edward Leigh (Conservative, Gainsborough)

It has been a pleasure to serve you all, and it has been so easy—no controversy. Thank you very much.

Written evidence reported to the House