Currently there is no legal requirement for businesses to employ security measures to protect against the risk of terrorism. This is despite over 27 terrorist plots being foiled by the police and security services in the last five years. This alarming number - along with years of campaigning in the aftermath of the 2017 attack on Manchester Arena - resulted in the Government taking steps to introduce new laws to prevent future tragedies.
In December of 2022, it was confirmed that the Protect Duty will become law. To be known as ‘Martyn’s Law’, it is named in tribute to Martyn Hett, who was sadly killed in the Manchester bombing.
The purpose of the new legislation is “keeping people safe, enhancing our national security and reducing the risk to the public from terrorism, by the protection of public venues.” - ProtectUK, the central hub for counter terrorism and security advice launched in 2022.
Who will the new legislation apply to?
This is the first time businesses will be formally required to assess the risk of terrorism, and premises that fall within the scope of the duty are those where “qualifying activities” take place. This will include entertainment and leisure, retail, food and drink, museums and galleries, sports grounds, public areas of local and central government buildings (e.g. town halls), visitor attractions, temporary events, places of worship, health, and education.
It is proposed that the duty will apply to eligible premises which are either: a building (including collections of buildings used for the same purposes, e.g. a campus); or a location/event (including a temporary event) that has a defined boundary, allowing capacity to be known. Eligible locations whose maximum occupancy meets the above specified thresholds will then be drawn into the relevant tier.
Latest guidance from ProtectUK states that premises will be included in the scope of the duty if they meet the following three criteria:
- That the premise is an eligible one – i.e., building or event with a defined boundary;
- That a qualifying activity takes place at the location; and
- That the maximum occupancy of the premises meets a specified threshold – either 100+ or 800+
Standard tier – premises with a capacity of over 100
Standard duty holders will need to undertake simple activities to meet their obligations. This will include completion of free training, awareness raising and cascading of information to staff, as well as the completion of a preparedness plan.
The aim is to ensure staff are better prepared to respond quickly to evolving situations, aware of what processes they should follow, able to make rapid decisions and carry out actions that will save lives. This could be as simple as locking doors to delay attackers progress and access whilst guiding staff and customers to alternative exits. It could also enable lifesaving treatment to be administered by staff whilst awaiting the arrival of emergency services.
Enhanced tier – premises with a capacity of over 800
A risk assessment and security plan, considered to a ‘reasonably practicable’ standard, will be required. This will allow duty holders to assess the balance of risk reduction against the time, money and effort required to achieve a successful level of security preparedness - plus a recognised standard in other regulatory regimes (including Fire and Health and Safety).
Proportionality versus over-protection
One of the areas of debate linked to the introduction of Martyn’s Law, is that of proportionality versus over-protection.
Consultation and ongoing liaison with the business community is integral to this approach. The Government has carefully considered the impact on premises and locations that may be captured. This includes ensuring requirements placed on duty holders are proportionate whilst achieving better public security, and without placing undue burden on parties responsible for public places. However, it is reasonable that many locations should take appropriate and proportionate measures to protect their staff and the public.
Time to prepare?
While Martyn’s Law is still in draft form, it does allow businesses and Local Authorities to be thinking about its formal introduction. Assessing premises with the support of a security specialist can provide valuable early insight in to what may be required. Analysing what systems are already in place and whether they are up to the required standard; identifying areas of vulnerability; and considering how a location is manned can all be part of these discussions and useful regardless of the impending legislation.
However, it is important to remember that Protect Duty is not yet law and NaCTSO, the National Counter Terror Terrorism Security Office, has provided the below advice for businesses and organisations who may be looking to embark on preparations:
“With the announcement of Martyn’s Law, it is anticipated that there may be a rise in the number of NaCTSO unendorsed courses being advertised and sold to companies to supposedly meet Martyn’s Law and provide competent persons. It has to be reiterated that these are from third parties and are not related to the CPS and until Martyn’s Law is enacted you should be aware that the requirements are not set.”
So while we can all agree that the risk of terrorism doesn’t begin when the law is passed, businesses are advised to be wary in their approach in the interim.
What kind of protective measures might I need?
The Protect Duty requirements will not be one-size-fits-all and there are a vast number of products available, understanding how they work and what they offer will enable local authorities to make a more informed decision on how best to protect premises and most importantly, people.
As specialists in physical measures of protection, we know how many factors come in to play when selecting the right ones for any given location and more often than not, it’s not about opting for the highest spec, most fortified ‘barriers’ available, but rather helping clients make much smarter choices.
Our ethos has always been ‘safe not scared’ which is why we believe in providing protection in a way that doesn’t alienate its users but in contrast, enhances the space and blends in to the physical environment. Seats, benches and planters, designed to complement an architects’ vision for a commercial landscape, yet house a protective core that can stop a lorry in its tracks is an example of this.
Accessibility should also be a key consideration. Protection doesn’t need to prevent spaces from being inclusive for all users and working with specialists can ensure this isn’t compromised.
For further advice or an initial consultation with our team of experts, contact us now.
To view our range of protective products, visit www.marshalls.co.uk/commercial/landscape-protection/hostile-vehicle-mitigation