The Protect Duty – a legal responsibility on places to take measures to counter terrorism – has been confirmed by the Prime Minister, Rishi Sunak. A UK-wide law to make the Duty is promised in spring 2023.
The Duty will follow a tiered model, the Government stressing that it seeks to prevent undue burden on businesses. A standard tier will apply to locations with a maximum capacity of over 100. Ways to meet the Duty could include training, information sharing and completion of a preparedness plan (for such basics such as locking doors to delay an attacker; or knowledge on life-saving treatments for staff to give before the emergency services arrive – the ‘care gap’ having been identified by the second volume of the Manchester Arena Inquiry, as featured in the December print edition of Professional Security Magazine).
An enhanced tier will cover what the Government describes as high-capacity locations, with a capacity of over 800 people at any time. That’s well over the 250 mooted during Home Office consultation. This tier will have to undertake a risk assessment: what might then follow might include a vigilance and security culture, physical measures like CCTV or new systems and processes.
Warehouses and offices, and places where transport security regulations already apply, are explicitly excluded from the Duty. Places of worship, whatever their size, will be in the ‘standard’ tier.
The Government says that it will set up an inspection and enforcement regime to be known as ‘Martyn’s Law’ in tribute of Martyn Hett, who was among those who died in the Manchester Arena suicide bomb terror attack of May 2017. The Government has stressed its work on the Duty with businesses and victims’ groups, including Figen Murray and the Martyn’s Law Campaign Team, and Survivors Against Terror.
Prime Minister, Rishi Sunak, said: “The way the city of Manchester came together as a community in the wake of the cowardly Manchester Arena attack, and the amazing work of campaigners like Figen Murray who have dedicated their lives to making us safer and promoting kindness and tolerance, is an inspiration to us all. I am committed to working with Figen to improve security measures at public venues and spaces and to delivering this vital legislation to honour Martyn’s memory and all of those affected by terrorism.”
Figen Murray, mother of Martyn Hett said: “Martyn’s Law isn’t going to stop terrorism, but common-sense security, and making sure venues are doing all they can to keep people safe, could mean fewer suffer what myself and the families of Manchester have had to endure. I welcome the Government’s commitment to including smaller venues and working quickly on this legislation. It is vital we now take the necessary steps to protect ourselves and others wherever possible and I hope other countries learn from this ground-breaking legislation.”
Home Secretary, Suella Braverman said: “Protecting the public from danger is a key responsibility of any government. The terrorist threat we face is diverse and continually evolving, which is why this legislation is so important. I would like to thank Figen Murray and the Martyn’s Law campaign for their support in the development of this vital reform.
“Their tireless efforts have helped inform our approach and the heart-breaking stories from survivors and their families are a constant reminder as to why we must deliver on this commitment to work together to improve public security.”
See also the interview with Figen in the November print edition of Professional Security.
Mark Rowe comments:
The Duty as set out so far appears to row back from requiring all ‘publicly accessible locations’ in the new Home Office jargon – even beaches and parks – to meet the Duty, as mooted ; even though the most recent acts of terror since 2017 such as Streatham High Street were not inside a venue. As ever the devil will be in the detail. Who will be the inspection regime, without which any regulation is toothless – the Security Industry Authority, an inspection body already around such as the NSI or SSAIB, the Health and Safety Executive, or something new? Biggest or most practical question of all, not addressed by the politicians; who will pay, or where will the money for such a regulator come from – fines for non-compliance, implying roving inspectors?
Security managers who have been told by Home Office civil servants that the Duty is coming since late 2020 will want to know – for the sake of covering themselves, let alone protecting sites well – how to comply with the Duty (which may not be necessarily the same as actual protection according to risk or location?). Those places in the enhanced tier will have to do what is ‘reasonably practicable’; what’s that?!
The Government promises statutory guidance and bespoke support; which is already available on the official protective security hub, ProtectUK. But given that police are busy and their CTSAs (counter-terror security advisers) are likely to become still busier, advising and giving training on this Duty, will the advice be kept up to date? Doubtful, given the pace of the authorities so far – we’re five and a half years since the Arena attack, and the consultation on this Duty was proposed on the eve of covid in spring 2020.
Photo by Mark Rowe; walkway to Arena from Manchester Victoria station.
