The Terrorism Protection of Premises Bill, also known as ‘Martyn’s Law’, is expected to become law next year, introducing a raft of new duties for employers.

The legislation is part of the government’s response to the Manchester Arena Inquiry Volume1, which recommended the introduction of legislation to improve the safety and security of public venues.

‘Martyn’s Law’ (named after Martyn Hett, one of 22 people to die in the Manchester Arena attack), will place a requirement on those responsible for certain venues to consider the threat from terrorism and implement appropriate and proportionate mitigation measures.

The legislation will also ensure that people are prepared, ready to respond and know what to do in the event of an attack. Better protection will be delivered through enhanced security systems, staff training, and clearer processes.

Qualifying premises
Independent research conducted in 2019 showed that, without legal compulsion, counter terrorism security efforts are often deprioritised behind other legally required activities (e.g. fire safety). This results in inconsistent consideration and application of security processes and measures. The government’s view is that voluntary approaches have been exploited as much as possible, and it is now time to redress this position by setting out clear legislative requirements to turn the dial and deliver a step change in protective security and preparedness.

A person responsible for qualifying public premises or a qualifying public event will be subject to the terrorism protection requirements set out in the Bill. A person is responsible for a qualifying public premises if the person has control of the premises or event, both of which must be accessible to the public as described in the Bill. Premises are included by reference to their use and both events and premises must have the minimum capacities specified. Qualifying public premises may be located within other premises, such as a retail store within a shopping centre. The requirements will not apply to premises (or parts thereof) that are used as private dwellings or offices.

Qualifying public premises may be either standard duty premises or enhanced duty premises. Enhanced duty premises are those with a public capacity of 800 individuals or more. Standard duty premises are those with a capacity of 100 to 799 individuals.

Duties
Under the legislation, responsible persons will have the following duties.

• Persons responsible for standard duty premises will be required to undertake what are intended to be low-cost activities which seek to improve protective security and preparedness. They will be required to ensure that relevant workers are given appropriate terrorism protection training. Persons responsible for standard duty premises will also be required to undertake a standard terrorism evaluation in which they consider how best to respond in the event of a terrorist event, e.g. procedures to evacuate their premises.
• Persons responsible for enhanced duty premises or qualifying public events will also be required to ensure that terrorism protection training is provided to relevant workers at their premises. In addition, they must appoint an individual as the designated senior officer for the premises or event, and must complete and regularly review their terrorism risk assessment. In completing this assessment, they will consider the types of terrorist act most likely to occur at or around their premises or event and the ‘reasonably practicable’ measures that might be expected to reduce the risk of such an act occurring, or the risk of physical harm to individuals as a result of such an act.
• Persons responsible for enhanced duty premises or a qualifying public event must implement reasonably practicable security measures to reduce the risk of, and harm caused by, terrorist acts occurring at or near the premises or event. Measure must include, for example, those relating to monitoring the premises and vicinity and procedures to be followed in the event of an attack.
• Persons responsible for enhanced duty premises or a qualifying public event must keep and maintain a security plan, which must also be provided to the regulator. The security plan documents, amongst other things, information about the premises or event, the persons responsible for the premises or event, and information arising out of compliance with the other requirements.
• Persons responsible for both standard and enhanced duty premises will also be responsible for ensuring premises are registered with the regulator.

Existing health and safety legislation
Many of the terms used and responsibilities introduced may cross over with those in existing legislation, so how will the new duties fit in with existing health and safety obligations?

Speaking to HRNews about how the new Bill will work alongside existing legal requirements, Health and Safety Manager with Pinsent Masons, Jonathan Cowlan said:

“There are several things, depending on where you fall within those public premises, as to what your existing requirements are. So, obviously, for sports grounds you've got sports licencing things in place. For licenced venues you've got separate licencing arrangements, you've got overarching health and safety arrangements and you will also have specific emergency arrangements and considerations depending on the type of location you are. So, how this risk assessment - and most of those things are the amount of risk assessment basis - is meant to fit in with those is going to be a very interesting question and a practical one as well as a legal one, I think, because the skills and the competence you need to put those things in place do vary from topic to topic. So, it has got to be coordinated guidance to fit in with existing duties and, as we've seen in previous things that have come out in the last few years, that's not easy to achieve and can lead to the measures that have been put in place being questionable about whether they meet the right requirements for the right legislation.”

Listen to the full interview here.

Read the draft Bill and accompanying explanatory notes here.