By Tony O’Reilly-
The Uk is to be better protected from terrorist attacks under proposed new laws. Martyn’s Law, also known as the Protect Duty, is a proposed piece of legislation aimed at increasing public safety in the United Kingdom.
The law is named after Martyn Hett,(pictured) a victim of the Manchester Arena bombing in 2017. The proposed law is meant to help prevent terrorist attacks and other forms of violent crime by improving security at public venues and events.
Working closely with security partners, business and victims’ groups, including Figen Murray and the Martyn’s Law Campaign Team, and Survivors Against Terror, the new duty will require venues to take steps to improve public safety, with measures dependent on the size of the venue and the activity taking place.
The proposed law requires owners and operators of public venues to conduct risk assessments and implement security measures to prevent and respond to terrorist attacks. This includes venues such as sports stadiums, concert halls, shopping centres, and other places where large numbers of people gather.
Once in force, the new law would make it mandatory for public venues to take reasonable steps to prevent terrorist attacks, including the use of metal detectors, bag checks, and other security measures. The law also requires public venues to have contingency plans in place to respond to any incidents of terrorism or other violent crimes.
The law has received support from various groups, including victims of terrorism and their families, as well as members of parliament and law enforcement officials. Many have argued that the proposed law is necessary to protect the public from the growing threat of terrorism and violent crime.
Martin’s Law is a proposed piece of legislation aimed at increasing public safety in the United Kingdom. It will require owners and operators of public venues to conduct risk assessments and implement security measures to prevent and respond to terrorist attacks. While the law has received support from various groups, concerns have been raised about the potential impact on civil liberties and the right to protest.
Nevertheless, the government has continued to push for the legislation to be implemented in order to better protect the public from the threat of terrorism and other forms of violent crime.
The requirements will be introduced for certain public venues and locations.”
The vast majority of the Bill will be applicable across the United Kingdom, covering England, Wales, Scotland and Northern Ireland.
The 56-page Bill covers a range of measures, from what premises and events will qualify as in scope and their registration, through to the evaluation of terrorism risk and the provision of terrorism protection training. Key takeaways from the first draft include:
The introduction of a Regulator, which will have powers of inspection and enforcement
Identifies the qualifying premises, what parts of this premises, and types of events which will fall under scope – those with capacity for more than 100 individuals. Enhanced duties will be required from those which have a public capacity of 800 individuals or more, called ‘enhanced premises’
Notes that a responsible person must ensure that the qualifying premises is registered with the regulator.
It outlines the minimum requirements expected of responsible persons for the evaluation and assessment of terrorism risk, such as a standard terrorism evaluation, with further measures expected of ‘enhanced premises’ (or events) such as a terrorism risk assessment
Outlines a requirement for terrorism protection training for relevant workers at qualifying premises
The requirement for updated security plans for enhanced premises or qualifying public events.
Provision of powers to the regulator to issue a contravention notice to those person(s) who may be failing to comply. Restriction notices (for an initial period of up to six months) may also be issues to those responsible for enhanced duty premises or qualifying public events.
Provision of powers to the regulator to issue ‘appropriate and proportionate’ penalty financial notices to those deemed not in compliance. The maximum amount for standard duty premises will be up to £10,000. The maximum amount for an enhanced premises will be whichever is greater of £18 million or 5% of its qualifying worldwide revenue.
Guidance
The Bill also notes that the Secretary of State must issue guidance regarding the discharge of requirements placed upon persons under the Bill.
With regards to the financial implications of the Bill, the Government has identified the need for a regulator to be put in place as its main requirement. It expects this cost to be between £89 million to £178 million as an estimate at this stage. It also acknowledges there will be additional costs to local authorities.
The draft Terrorism (Protection of Premises) Bill sets out the requirements that, under Martyn’s Law, venues and other organisations will have to meet to ensure public safety.
‘Martyn’s Law’ is a tribute to Martyn Hett who was killed alongside 21 others in the Manchester Arena terrorist attack in 2017.
His mother described it as an “important step forward to a safer country”.
The draft Bill will be subject to pre-legislative scrutiny by the Home Affairs Select Committee, ahead of formal introduction.
In December 2022, the Government announced that Martyn’s Law will introduce a tiered model for certain locations depending on the capacity of the premises or event and the activity taking place, to prevent unnecessary burden to business. The legislation will ensure venues are prepared for, and ready to respond in the event of, an attack.
Security Minister Tom Tugendhat said: “The threat from terrorism is enduring. In recent years, we have seen terrorists target the public at a broad range of locations, causing deaths and casualties amongst innocent people going about their everyday lives,
“This is a significant step forward for Martyn’s Law and our ability to further protect the public. I welcome the committee’s scrutiny to ensure that this legislation is proportionate while enhancing our national security.
Figen Murray, mother of Mr Hett, said: “Today is an important step forward to a safer country. Martyn’s Law will end the ridiculous situation where venues have legal obligations for how many toilets they have but no obligation to keep their customers protected.
“Of course Martyn’s Law won’t stop all terror attacks, but it will make crowded places better protected and prepared, and make the terrorists’ job that bit harder.
“Almost six years after the Manchester Arena attack it’s now critical this bill is passed into law as quickly as possible and in the strongest form possible.
British Retail Consortium assistant director Graham Wynn said Martyn’s Law was “particularly relevant” to retailers given the number of retail premises.
“We have appreciated the Home Office’s willingness to make adjustments to the Bill – such as the move to make capacity the basis to meet changing needs – as well as make it more practical and proportionate,” he said.
“It will be important to ensure all operational details work effectively – such as how the tiers operate at the margins. After closer examination of the detail, we look forward to the opportunity to provide additional suggestions as appropriate during the Parliamentary process.”
The Government said it is “committed to working closely with businesses and other stakeholders” to ensure this legislation is proportionate while also being effective.
“Dedicated guidance and support will be provided to ensure those in scope can meet their responsibilities,” it added. “ProtectUK already hosts a range of expert advice, training, and guidance.”
The standard tier will apply to public premises with a maximum capacity of 100 or more people, while the enhanced tier applies to public premises and events with a maximum capacity of 800 or more people.
Limited exemptions to the capacity requirements apply to education establishments and places of worship. Guidance and training materials will also be available to premises with a capacity of under 100, should they want additional support.
Standard tier premises will be required to undertake basic, low-cost activities to improve their preparedness, including terrorism protection training and evaluating the best procedures to put in place in order to minimise impact.
Enhanced tier premises and events have further requirements in recognition of the potential consequences of a successful attack. This will include appointing a designated senior officer who must regularly review the security of the venue.
An inspection and enforcement regime will be established to promote the requirements for each tier. In the event of non-compliance, sanctions and ultimately penalties will be issued to premises, says the Government.
Martyn’s Law will extend to and apply across the whole of the UK and has been developed following extensive consultation with the public, businesses and campaign groups.
The significant majority agree that those responsible for publicly accessible locations should take measures to protect the public from potential attacks, sys the Government.
It added: “Among the campaigners was Figen Murray, the mother of Martyn Hett. Her campaign for ‘Martyn’s Law’ has informed the process leading to the draft Terrorism (Protection of Premises) Bill. Figen and others have worked tirelessly with the Government to ensure this Bill is delivered and publishing the draft legislation is a credit to their efforts.
“Publication of the draft bill today (May 2) follows a commitment made by the Prime Minister to Figen shortly after he took office that the Government would bring forward the measures in the spring.”