Terrorism (Protection of Premises) Bill

Clause 3

Qualifying events

18:39:00

I beg to move, That this House agrees with Lords amendment 1.

With this it will be convenient to consider Lords amendments 2 to 13.

The Terrorism (Protection of Premises) Bill—Martyn’s law—has returned to this House in good shape. Only a small number of amendments were made in the other place, with all but one made by the Government, all of which we shall consider this evening. The Government have been particularly grateful for the collaborative approach to scrutinising the Bill across both Houses, and I hope that this will continue this evening, as we take the final steps to passing this important piece of legislation. I shall begin by speaking to Lords amendments 1, 2, 10, 11, 12 and 13. These amendments, brought by the Government in the other place, make minor and technical changes to further clarify the conditions for qualifying premises and qualifying events. Specifically, these amendments clarify the intention that premises and events are not in scope where attendance is in a personal or private capacity—for example, a wedding attended by relations and friends, or an office party attended by employees and customers. These are private events, not publicly accessible, and the amendments make it even clearer that they should be out of scope. These amendments do not alter the intended policy or the scope of the Bill. They are technical changes to provide further clarity on who will be within scope of this legislation. Let me turn to Lords amendment 5, which was tabled by Baroness Suttie on behalf of the Liberal Democrats. This amendment places a statutory duty on the Secretary of State to consult as appropriate before publication of the guidance under clause 27. As my noble friend Lord Hanson of Flint made clear in the other place, the Government are happy to accept this amendment. We are acutely aware of the importance of the guidance that will accompany this Bill and it is vital that those responsible for qualifying premises and events have both the time and the information needed to ensure that they can plan, prepare for, and, ultimately, implement the requirements. It is also essential that the guidance is informed by proper consideration and engagement. This had always been the Government’s intention and we are content to enshrine the principle of appropriate consultation in statute by virtue of this amendment. I turn finally to Lords amendments 3, 4, 6, 7, 8 and 9, which were brought by the Government in light of the clear cross-party support to further strengthen the safeguards on the use of certain Henry VIII powers in the Bill Amendments 3, 4, 6 and 9 consolidate into clause 32 the powers previously found in clauses 5 and 6, which allow the Secretary of State to add, omit or amend the description of public protection procedures or measures. Amendments 7 and 8 place conditions on these powers that the Secretary of State must satisfy. These conditions are also added to the powers in clause 32 that enable the Secretary of State to alter the qualifying thresholds for standard duty premises, enhanced duty premises and qualifying events. These conditions limit the use of the powers to lower the thresholds—or to add new procedures or measures—to where the Secretary of State considers it necessary to do so for public protection. Conversely, the thresholds can be raised—or procedures or measures omitted or amended—only if the Secretary of State considers that their retention is not necessary for public protection. Additionally, Lords amendment 8 will require the Secretary of State to consult such persons as they consider appropriate before exercising any of the powers specified in clause 32, including those I have just described. The Government consider that this approach provides an extra level of assurance if future Secretaries of State are considering using these powers. It strikes the right balance between ensuring the Bill can be kept up to date, while providing in the Bill an important set of further safeguards to ensure that these powers, if used, are used appropriately and with proper consideration. I am grateful to those in the other place for their considered scrutiny of these measures and for continuing the collaborative approach that has flowed through the passage of the Bill. I particularly want to thank Lord Anderson of Ipswich for his constructive challenge, and I am pleased that he felt able to add his name to the Government amendments. I am sure this House agrees that the amendments provide further safeguards and ensure that if and when the powers are used, they are used appropriately and with sufficient consultation.

18:45:00

Before I conclude, I will take this opportunity to recognise the extraordinary campaigning efforts by Figen Murray, without which we would not be here today, and I will have more to say about Figen later. She has always been very clear that the Martyn’s law campaign was a team effort, so I want to take the opportunity this evening to recognise the contribution of the whole campaign team, including Brendan, Nick, Nathan and Stuart. With that, I very much hope that right hon. and hon. Members will support all of the amendments before us today.

I call the shadow Minister.

On 22 May 2017, Islamist extremist Salman Abedi carried out a sickening attack on the Manchester arena following a concert. This barbaric act of terrorism killed 22 people and injured more than 1,000 others, many of them children. It was the deadliest act of terrorism in this country since the 7/7 bombings in 2005. What was taken from the victims and those who love them can never be given back. That of course includes Figen Murray, whose determination and fortitude we honour this afternoon and whose son Martyn Hett we remember, along with all the others who were killed or injured on that horrible day. This Bill, inherited from the previous Government, is an attempt to address an insufficiency in our anti-terror framework by ensuring that our public spaces and public events are better prepared for any future attacks. This is a noble goal and one that colleagues on both sides of the House undoubtedly support. When the Bill was last in this place, my hon. Friend the Member for Stockton West (Matt Vickers), spoke of the concern we all share to get the balance right. Our safeguards against potential future terror attacks must be robust but also proportionate and pragmatic. He spoke of the spirit of support, co-operation and openness in which we suggested small amendments to the Bill, and I believe amendments were tabled in the other place in that same spirit. We particularly welcome the change from invitations to tickets and the clarity that provides on private events being out of scope of this legislation. We are sorry not to see more of those amendments in this place for debate. I urge the Minister, who I know is very conscious of the different pressures and the need for balance, to keep the thresholds under review, which clause 32 provides for, and to continue to assess the impact of this legislation on community institutions. We continue to have concerns that in its current form the legislation risks adding to the already enormous burden of regulation and paperwork that small hospitality and community venues such as pubs, churches and village halls must navigate on a daily basis, so we welcome amendment 8 on consultation. It is right that people of this country should be able to go about their daily lives and go to events in the knowledge that they are safe. It is also right that we take action to ensure that horrific attacks like the one carried out in Manchester in May 2017 do not happen again. As we pursue this noble goal, we should remain aware of and sensitive to the potential negative impacts of our good intentions. Small venues across the country are already struggling, and we must be cautious about adding to that burden, but we are happy to support the Lords amendments today.

My contribution will be brief. I start by thanking the Minister and Lord Hanson in the other place for their hard work with others on bringing the Bill to fruition. I also thank them for the kindness and courtesy they have shown my constituents Figen Murray and her husband Stuart. I echo what the Minister said earlier in paying tribute to them and the whole campaign team who have worked so hard on this. They have asked me to place on the record their view that the other place did a good job in its scrutiny of the Bill; it was cross-party and collaborative, and the considered amendments from the other place will strengthen the Bill. For my part, I am glad that the thresholds were not further watered down, and I understand that it is important to keep them under review. This is a good Bill, and it will be a good law. It will have a deterrent effect and a protective effect, and it will save lives.

It is a pleasure to return to the Chamber to consider the Bill. Over recent months, it has been scrutinised in detail at the other end of this building, and I thank colleagues in the House of Lords for their collaborative work. The changes brought forward are sensible and proportionate, and they reflect the broad cross-party consensus behind the aims of this legislation. A number of the changes were technical in nature but crucial for clarity. They address several concerns that I and others raised on Second Reading about the scope of qualifying events under the Bill. The Lords amended it to make it clear that private events—weddings, office parties or similar—sit outside its scope. That helps to ensure that the law is designed for public-facing venues without overreaching into personal or private spaces. In addition, several important changes were made to strengthen the safeguards around delegated powers. The amendments consolidate into a single clause the key power of the Secretary of State to amend the public protection procedures that must be in place in each tier. They also require the Secretary of State to meet a high bar of necessity to make changes to qualifying thresholds for protective measures, and to consult relevant parties before exercising these powers. These are welcome changes that introduce further transparency and ensure that the Bill’s implementation is balanced and accountable. Another key area of discussion throughout the Bill’s passage has been the need for clear and accessible guidance. On Second Reading, I and others cautioned that venue operators would struggle to comply with the law without adequate support. I am therefore pleased that the Minister in the Lords gave a firm commitment, repeated by the Minister today, that guidance will be published well in advance of the changes coming into force, and that there will be a period of engagement to ensure that it is robust and practical. I thank my Liberal Democrat colleague Baroness Suttie for her tireless work on this point and for her amendment, which helped secure this assurance. Her contributions in the Lords have strengthened the Bill considerably. It is impossible to consider this legislation without remembering why we are here. Martyn’s law was born from an unimaginable tragedy—the terrorist attack at Manchester Arena in 2017. As the MP for Hazel Grove in Greater Manchester, I witnessed at first hand the resilience and the unity that followed the arena attack. I remember joining my community in Romiley Precinct when residents came together in quiet solidarity the evening after. It was an act of remembrance, but also a statement that terrorism will never define us, and that we will not be divided by it. Among the 22 lives taken that night was Martyn Hett, a 29-year-old from Stockport. His mother Figen Murray has shown extraordinary resolve in the years since the attack. Her campaign for Martyn’s law has been defined by compassion, determination and a belief that no other family should ever experience what hers has had to endure. Today we are seeing the fruits of her dedication. The Bill is a testament to her courage and unrelenting hope that something good could emerge from the darkest of circumstances. Thanks to Figen’s advocacy, this country will be better prepared to keep people safe in our public spaces. I welcome the Bill and the amendments before us today. Martyn’s law will not bring back those who were taken from us, but it will save lives. In doing so, it will stand as a lasting tribute to Martyn, Figen and the people of Greater Manchester. The Liberal Democrats are proud to support it.

First of all, I thank the hon. and gallant Minister. We all look to him for his guidance and support, which is much appreciated by us as individuals on behalf of our constituents. Let me put on record my thanks to all the police forces across this great United Kingdom of Great Britain and Northern Ireland, particularly the Police Service of Northern Ireland for its work to keep us safe. Without them we could not operate here, nor could we have protection for our constituents, who we are duty bound to represent in this House. I will not delay the House too long, but I wish to ask two questions in relation to the Bill, which are both relate specifically to Northern Ireland. I hope that the House will bear with me for a couple of minutes as I illustrate them. I have spoken on the Bill several times, and I have always sought to ensure parity of conditions throughout the United Kingdom of Great Britain and Northern Ireland. Lords amendments to clauses 32 to 35 in particular seek to remove the UK-wide imposition of polygraph licence conditions for terrorist offenders. Will the Minister confirm that their removal will not leave the PSNI in Northern Ireland without the means to watch and assess terrorists as closely as can be done on the mainland and that existing legislation referred to in the amendments is capable of securing protection? Secondly, it is imperative that police forces have access to transfer of prisoners. Lords amendment 76 has been designed to ensure that provisions could continue to apply to restricted transfers between Scotland, England, Wales and Northern Ireland for the purposes of determining release. Will the Minister confirm that the Government are convinced that there can be seamless transfers between all nations in this great United Kingdom when necessary? If the Minister does not have access to those answers immediately, I am happy for him to come back to me on that, if that is helpful. I would appreciate the answers.

Those questions may not fall within the scope of the debate. With the leave of the House, I call the Minister.

I am grateful to the shadow Minister, the hon. Member for Weald of Kent (Katie Lam), for the constructive way in which she has approached the debate. I assure her that the Government completely understand that we need to strike a balance, and I hope that she will acknowledge that we have been at pains to consult extensively and work across the House. I am happy to discuss these matters with her further. I am grateful to my hon. Friend the Member for Macclesfield (Tim Roca) not just for his contribution this evening but for his support of his very special constituent. I am also grateful to the spokesperson for the Liberal Democrats, the hon. Member for Hazel Grove (Lisa Smart), and join her in thanking Baroness Suttie for the important contribution she made in the other place. I am always grateful to the hon. Member for Strangford (Jim Shannon) for his contributions in terms of both quantity and quality. In fact, I was thinking about him just the other day because I had the privilege of visiting his part of the world, which is a part of this United Kingdom of Great Britain and Northern Ireland that I hold in the highest regard. I hold him in that high regard as well. He raised some important points, and I am grateful to him for saying that he would be happy for me to write to him about them. To ensure that we address them properly, I will do so. I guarantee that he will get a very good response. The Bill was a manifesto commitment, and I am proud to say that the Government have delivered it, and done so early in the Session. The public rightly deserve to feel safe when visiting public premises and attending events, and the cross-party approach to passing the Bill and getting it right will demonstrate to the public that nothing matters more than security; it is the foundation on which everything else rests. I very much hope that this will continue and that the House will support the amendments. I take the opportunity again to thank all of those who have aided in the passage of the Bill. I also take the opportunity to thank Lord Hanson of Flint, my colleague in the other place, whose long experience and sound judgment have been much appreciated. I also thank the excellent team at the Home Office. I am grateful for all their hard work, support and dedication. They have been particularly impressive throughout the Bill’s passage—they have always gone above and beyond—and I am grateful for their service. I want to restate the Government’s thanks to the intelligence agencies and all those who serve in law enforcement who work tirelessly around the clock to keep us safe. This is the most vital work, which they do every day, and we as a country owe them a debt of gratitude. Finally, there is someone, above all, who we must pay tribute to and that is Figen Murray. Her campaign has been nothing short of extraordinary. To have lost her son, Martyn Hett, in the Manchester Arena attack in May 2017 and to have yet still found the strength to drive the campaign forward is both inspiring and phenomenal. I know that all Members right across the House will join me in paying tribute to Figen. She previously said, “It’s time to get this done.” I am very proud to say that this Government have done just that. Lords amendment 1 agreed to. Lords amendments 2 to 13 agreed to. Deferred divisions Motion made, and Question put forthwith (Standing Order No. 41A(3)), That, at this day’s sitting, Standing Order No. 41A (Deferred divisions) shall not apply to the Motion in the name of Secretary Jonathan Reynolds relating to Terms and Conditions of Employment. —(Gen Kitchen.) Question agreed to.