The Terrorism (Protection of Premises) Bill was part of the King’s Speech yesterday, meaning that Martyn’s Law is on the Westminster Government’s to-do list for the next session. But there’s a catch, writes Mark Rowe.
Legislation will be introduced to protect public premises from terrorism in light of the Manchester Arena attack, King Charles III said. To recap, premises and events would have a legal responsibility, the Protect Duty, to ‘consider the terrorist risk and how they would respond to an attack’. In a background document, the Government set out what a ‘standard tier’ of premises of capacity 100 to 799 would have to do to comply; and an ‘enhanced’ tier of 800-plus. The Duty would be UK-wide, although the Home Affairs Select Committee of MPS in a summer report queried the need for such a law in Northern Ireland. In fact the MPs criticised the Home Office’s draft law so much they called it not fit for purpose. On one point – that village and parish halls, where MPs typically hold surgeries, would come under the ‘standard’ tier – the Home Office will go out to consultation.
Time risks
That prompted one of the campaigners, former senior counter-terror cop Nick Aldworth, to say: “We are not there yet and we have some real risks still in terms of how much time there is to get this done.” King Charles also said: “My Government will act to keep communities safe from crime, anti-social behaviour, terrorism and illegal migration.” Five of 21 listed bills come under ‘keeping people safe’ and include prison sentencing, ‘long-term reforms to the victim [of crime] experience’ and mandatory reporting of child sexual exploitation as part of a Criminal Justice Bill. Parliament may squeeze Martyn’s Law through, as it did in 2001 for the law to create the Security Industry Authority.
Depending on when Prime Minister Rishi Sunak calls a general election before January 2025, Martyn’s Law may miss out. Looking on the bright side, Mr Aldworth said that the extra consultation (the overall proposal has already had one, in 2021) might reduce the number of amendments that MPs and lords might seek, which would slow its progress. The Government in its background document explained that the consultation would ensure the law would ‘strike the right balance between public protection and avoiding undue burdens on smaller premises such as village halls, churches and other community venues’. Home Affairs MPs, as reported in the September print edition of Professional Security Magazine, complained of a lack of detail from the Home Office, such as costings, and who might regulate compliance. The Government still did not give anything away as to whether it would make a new regulator, or whether (as speculated in the November print edition) the National Protective Security Authority (NPSA) might take that role on. While the Home Office has downplayed how punitive such a regulator might be, the background document said a regulator would be able to fine ‘enhanced’ tier offenders up to £18m or five per cent of revenue, in line with other UK regulators.
Comments
Meanwhile, the Sentencing Bill is proposed, to ensure ‘that the prison estate is used to lock up dangerous criminals for longer, without further criminalising redeemable offenders by trapping them in a merry-go-round of reoffending’. The Conservative MP who chairs the Justice Committee, Sir Bob Neill, commented that the MPs’ recent report, titled ‘Public opinion and understanding of sentencing’ showed that there is a problem with a lack of a coherent approach to sentencing policy, in particular insufficient analysis of the potential effect on the prison population, he said. On the persistence of the view among the public that the sentencing system is not severe enough, the cross-party committee of MPs said that represents a “significant long-term public policy challenge that needs to be addressed”.
Science, Innovation and Technology Committee Chair, the Conservative MP Greg Clark, called it disappointing that there was no mention of an AI Bill in the King’s Speech. In August the Science Committee published an interim report in its inquiry on AI, which set out 12 governance challenges that must be addressed before the technology outpaces efforts to regulate its safe deployment, he added.
West Mercia Police and Crime Commissioner John Campion welcomed the focus on criminal justice, saying that he heard ‘regularly from communities calling for the strengthening of the law to ensure victims get the justice they deserve and expect’.
Commons debate
For the King’s Speech, see also Hansard. In the debate after the King’s Speech, Labour leader Sir Keir Starmer in passing welcomed Martyn’s Law – the only mention of it in six hours. Wednesday, November 15, in the House of Commons is due to be a debate on ‘reducing violent crime and raising confidence in policing and the criminal justice system’.
In an introduction to the background document, Mr Sunak said that ‘Crime is down 50 per cent since 2010, excluding fraud. And fraud fell 13pc in the last year.’
Live music comment
Jon Collins, CEO of the live music trade association LIVE, said: “The live music sector fully supports cooperative efforts to make venues as safe as possible for fans. Venues and festivals throughout the country are already working extensively with relevant authorities and continuously review security arrangements. We share the assessment of the Home Affairs Committee which identified serious concerns about the proportionality of the Bill and a range of unfinished provisions. The Committee’s report vindicated our members’ view that the draft Bill is impractical, misses its core aim, and, through the excessive penalties it proposes, would create existential risk for live music venues. Government must urgently redesign the Bill to ensure it is workable, places no disproportionate burdens on venues and crucially delivers greater reassurance and safety for concertgoers. We will continue to engage with Government and Parliamentarians to ensure the Bill is appropriately revised and strengthened as it goes through Parliament.”
Photo by Mark Rowe; Manchester Victoria rail station, next door to the Arena.
