54: Martyn’s law – new consultation on standard tier requirements to protect premises from terrorist attack

On 5 February 2024, the Home Office announced a consultation on further detail of ‘Martyn’s law’, the proposed legislation which would impose obligations on owners and operators of certain locations to take proportionate steps to keep people safe from terrorist attack. The consultation is aimed particularly at those responsible for smaller premises, especially those in the community and voluntary sector, so charities which may be affected should consider responding by 18 March.

What is Martyn’s law?

The proposed Terrorism (Protection of Premises) Bill, known as ‘Martyn’s law’, is intended to enhance public safety by ensuring there is better preparedness for, and protection from, terrorist attacks. It is named Martyn’s Law after Martyn Hett, who was killed alongside 21 others in the Manchester Arena terrorist attack in 2017.

Broadly, the law would impose requirements on those responsible for qualifying premises (or events) to take certain steps designed to mitigate the impact of a terrorist attack. A person or organisation would be ‘responsible’ for premises if they have ‘control’ over them. Publicly accessible premises would be in scope if their capacity is 100 individuals or more and they are used wholly or mainly for one or more specified uses, which include places of worship, education, healthcare, leisure and gyms, libraries, museums and galleries, and entertainment sites such as theatres and concert venues.

A higher level of requirements would be imposed for ‘enhanced tier’ premises (generally with capacity of 800 and above) and a lower level imposed for ‘standard tier’ premises (generally those with capacity of 100 to 799), but some categories (notably places of worship and schools) may be treated as standard tier whatever their capacity.

The proposals for the legislation follow extensive consultation and pre-legislative scrutiny, from which ‘serious concerns’ were raised about the proportionality of the proposed Bill, ‘especially in relation to the impact on smaller businesses, voluntary and community-run organisations.’ As a result, when the law was announced in the King’s Speech, this consultation was promised, aimed at addressing those concerns.

What is in the consultation?

The consultation seeks views on a revised approach to those premises (and events) which would be in the ‘standard tier’, ie generally the smaller premises (and events) in scope where concerns have been raised about proportionality. It seeks views ‘to make sure the new requirements do not place undue burdens on smaller businesses, while still protecting the public’ and ‘particularly seeks views from those responsible for smaller premises, especially those in the community and voluntary sector.’

The revised approach aims to be less prescriptive than proposed previously, recognising the very broad nature of the types of premises and sectors which could be in the standard tier.

The main change proposed for the standard tier obligations would be to replace the original requirement to ensure all relevant workers completed specific terrorism protection training with a new proposal to have ‘procedural measures’ in place 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. The idea is that the new proposed requirement would be centred on outcomes rather than processes and would be more in line with existing requirements for Health and Safety and Fire Safety.

It is still proposed that those responsible for premises in the standard tier should be required to register with a new regulator to be established to oversee the regime. This is notable as it would mean that already regulated entities, such as charities, would become subject to the requirements of another regulatory regime. In addition, it is proposed that the regulator would be able to impose monetary penalties for non-compliance of up to £10,000 (in the standard tier), with additional penalties for continued non-compliance, although it is the Government’s ‘clear expectation’ that the regulator should provide support, education and guidance in the first instance.

The revised approach is said to be designed to involve ‘low to no financial cost’, although it is accepted in the consultation that there would be costs involved in ensuring workers were sufficiently instructed or trained in the procedural measures to be put in place.

The potential costs of Martyn’s law are difficult to quantify, with the consultation estimating the yearly cost to business as being between £85 million and £635 million per annum (and amounting to considerably higher costs overall). The total cost for the standard tier is estimated at between £387 million and £1.63 billion, with the estimated annual cost for an individual site being between £160 and £525 per annum.

Who should respond?

The consultation states expressly that its purpose is to test the Government’s proposals for the standard tier and that the Government is seeking ‘specific feedback’ to ensure that the proposed requirements strike the right balance. So, it is important that all those who could be affected consider whether they can and should provide that feedback.

In particular, a number of the consultation questions seek feedback on how policies and procedures around existing Health and Safety and Fire Safety requirements are implemented and how the training may differ (if at all) between volunteers and paid employees – an aspect which is not addressed directly in the consultation proposals (which refer more generally to staff or workers).

The consultation proposals would affect anyone who may be responsible for premises and events which would be in scope of the planned law as ‘standard tier’ , which the consultation estimates as being 278,880 premises.

As noted, these revisions are aimed at smaller premises (capacity of 100 to 799 individuals), but it is important to be aware that it is also proposed that places of worship and premises that are used for childcare or education (but not higher education) would all be treated as ‘standard tier’ even if their capacity is 800 or over, so schools and places of worship, whatever their size, may want to consider responding.

The consultation is open until 18 March 2024.

When is the new regime going to happen?

The short answer is not for a while yet, although it seems likely to appear at some point as the proposal has general cross-party support.

The legislation has not yet been introduced and would need to be revised following the consultation process. The press release accompanying the consultation states that the bill would then be introduced ‘as soon as parliamentary time allows’, although, of course, that may well be affected by the timing of the general election which is due within the next year. It seems likely, therefore, that even if the Bill is introduced in this parliamentary session, it would not make it to Royal Assent before the election.

Assuming Martyn’s law is enacted at some point, we should expect a long implementation process, estimated to be at least 18-24 months, to allow sufficient time for those affected to understand their obligations and to plan and prepare.

In the meantime, the current consultation offers an opportunity for charities, and others likely to be affected, to offer valuable and informed feedback to help ensure public safety without imposing undue burdens.