Fieldfisher’s Beth Thompson, Associate, and Andrew Sanderson, Partner, provide an update on the proposed Counter-Terrorism Bill, where the Government has called for responses for its policymaking consultation, and an overview on what this new strategy could mean for event safety.
On 5 February 2024, Security Minister, Tom Tugendhat MBE, unveiled a pivotal step in the UK Government’s counter-terrorism strategy by announcing a six-week public consultation into the Draft Terrorism (Protection of Premises) Bill (“the Bill”). The consultation remains open for all individuals and businesses to respond to until Monday 18 March 2024.
Beth Thompson, Associate at Fieldfisher
As covered in previous articles by SHP, the new legislation proposes a structured approach to protecting public spaces against the threat of terrorism by creating two distinct tiers of premises: a standard tier (i.e. those with a capacity between 100-799 individuals) and an enhanced tier (i.e. those with a capacity over 800 individuals).
Standard tier premises are at the heart of the current consultation, which seeks the views of owners and operators of smaller premises that could fall within the Bill’s scope. Through the consultation, the Government hopes to ensure that the new requirements do not place “unnecessary burdens on smaller businesses” and “are proportionate and clear, whilst ensuring that [they] achieve their primary objective of this tier: to implement simple procedures which could reduce harm and save lives in the event of an attack”.
The consultation can be completed online in less than 15 minutes and aims to gather responders’ views on:
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The Government is particularly keen to hear the views of those in the charitable and not-for-profit sector, but campaigner Figen Murray (mother of Martyn Hett, who was tragically killed in the 2017 Manchester Arena terrorist attack) has urged “everyone with an interest” to respond.
The consultation also sets out three “revised standard tier requirements” made since the publication of the Bill. It is proposed that standard tier premises will be required to:
Andrew Sanderson, Partner at Fieldfisher
The Government’s revised approach, as outlined in its consultation, aims to minimise the financial burdens associated with implementation of the Bill for smaller businesses and premises. One strategy is through the introduction of a “reasonably practicable” approach, familiar to many in health and safety law. This approach is expected to better accommodate the diverse range of businesses and premises that will fall within the scope of the standard tier, allowing them to assess and adopt counter-terrorism measures suited to their individual circumstances.
For standard tier premises, the Government has estimated that costs are likely to range between £160 and £525 per year for each site, with some premises potentially facing reduced costs resulting from the additional “reasonably practicable” test. The greatest cost incurred is expected to be the working hours taken up by staff completing counter-terrorism planning and training.
The Government has yet to announce whether a similar consultation will be launched for enhanced tier premises or events. However, as campaigners are hopeful that the revised Bill will be tabled before the anniversary of the Manchester Arena bombing on 22 May 2024, this may mean that further consultation would not be possible within the remaining timeframe.
The consultation process emphasises the vital role of inclusive policymaking in the UK, where a range of diverse voices can contribute to informed decision-making.
Potential stakeholders of the new law are in a unique position to shape its future and help to strike a delicate balance between robust and effective counter-terrorism security and a pragmatic approach, which is not unduly burdensome to organisations. SHP readers who believe that they may fall within the Bill’s new standard tier scope are therefore encouraged to respond to the consultation before it closes on Monday 18 March 2024.
