You may be aware that today we launched a further public consultation on the Terrorism (Protection of Premises) Bill, also known as Martyn’s Law. The consultation will run for 6 weeks and can be found here Martyn’s Law: standard tier consultation – GOV.UK (www.gov.uk). It will close on Monday 18 March 2024.
The Government reaffirmed its commitment to introduce this important piece of legislation in the King’s Speech in November 2023. However, recognising the feedback provided during pre-legislative scrutiny and through our engagement with stakeholders, the Government committed to a further public consultation, specifically on the Standard Tier. This is to ensure the public and those impacted by the proposals have the opportunity to offer in-depth views on the Standard Tier, prior to the legislation’s introduction to Parliament.
The proposals for requirements for premises in the Standard Tier have been revised to address feedback from the Home Affairs Select Committee and stakeholders, which primarily related to the need for requirements to be proportionate. To apply proportionate duties whilst considering any impacts to business and other organisations in scope, the requirements for Standard Tier premises have been amended, from a prescriptive requirement to complete a standardised template to having “reasonably practicable” procedures in place, were an attack to occur.
In summary, those responsible for Standard Tier premises[1] must:
- Notify the Regulator that they are, or have become, responsible for premises within scope of the Bill (and so subject to the relevant requirements). This remains broadly in line with previous requirements.
- Have in place procedural measures that could be expected to reduce, so far as reasonably practicable, the risk of physical harm to individuals at the premises in the event of an attack. These relate only to the procedures to be followed by people working at the premises in the event of an attack occurring or being suspected as about to occur. As the procedural measures are about procedures for responding to an attack or suspected attack, it is not expected or required that physical alterations be undertaken or additional equipment purchased for Standard Tier premises.
- In contrast to the published draft Bill, there is no requirement to complete a specified form (the ‘Standard Terrorism Evaluation’) for Standard Tier premises or ensure that people working at the premises are given any specific training. However, as part of putting in place the procedural measures, workers will need to be sufficiently instructed or trained to carry them out effectively.
The proposed changes made to the Standard Tier have been reviewed and refined to take into account the nature of smaller venues, their unique operating models, and the key role they play in UK society.
We would encourage completion of the consultation to ensure your views are heard. In order to support the consultation process and completion, we would like to take this opportunity to run a webinar focussed on the updates to the Standard Tier specifically for small businesses. We would encourage you and relevant representatives from your organisation to join us to discuss the Standard Tier consultation and receive an overview of what the proposals might mean for your organisation.
We do hope you will be able to join us via Teams on Thursday 8 February 2-3pm (link below).
Microsoft Teams meeting
Join on your computer, mobile app or room device
Click here to join the meeting
Meeting ID: 396 067 005 80
Passcode: yKzqHL
Download Teams | Join on the web
Join with a video conferencing device
Video Conference ID: 123 464 353 7
[1] A person – whether an individual or an organisation (e.g. a company) – will be responsible for premises, and so for complying with the requirements proposed in relation to them, where they have control over the premises.