Martyn’s Law
What you need to know: update from ProtectUK
n Monday 19 December, the Government announced details for the Protect Duty, now to be known as ‘Martyn’s Law’ in tribute to Martyn Hett, who was killed alongside 21 others in the Manchester Arena terrorist attack in 2017. The Homeland Security Group has provided a factsheet summarised here.
O What will Martyn’s Law do?
Martyn’s Law will keep people safe, enhancing our national security and reducing the risk to the public from terrorism by the protection of public venues.
It will place a requirement on those responsible for certain locations to consider the threat from terrorism and implement appropriate and proportionate mitigation measures.
The legislation will ensure parties 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.
Who will be in scope?
Premises will fall within the scope of the duty where “qualifying activities” take place. This will include locations for purposes such as 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 specified thresholds will then be drawn into the relevant tier.
Therefore, premises will be drawn into the scope of the duty if they meet the following three tests:
• That the premises 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+
There will be some limited exclusions and exemptions from the duty. These include locations where transport security regulations already apply, and those that are vacant over a reasonable period or are permanently closed. Those with a large floor space and low occupancy in practice (e.g. warehouses and storage facilities), as well as offices and private residential locations, will not be in scope.
How will it work?
The Bill will impose a duty on the owners and operators of certain locations to increase their preparedness for and protection from a terrorist attack by requiring them to take proportionate steps, depending on the size and nature of the activities that take place there.
Proportionality is a fundamental
consideration for this legislation. It will therefore establish a tiered model, linked to the activity that takes place at a location and its capacity:
A standard tier will drive good preparedness outcomes. Duty holders will be required to undertake simple yet effective activities to improve protective security and preparedness. This will apply to qualifying locations with a maximum capacity of over 100. This could include larger retail stores, bars, or restaurants. An enhanced tier will see additional requirements placed on high-capacity locations in recognition of the potential catastrophic consequences of a successful attack. This will apply to locations with a capacity of over 800 people at any time. This could include live music venues, theatres, and department stores.
What will the standard tier be asked to do?
Standard duty holders will need to undertake easy and simple activities to meet their obligations. This will include completion of free training, awareness raising and cascading of information to staff and 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.
What will the enhanced tier be asked to do?
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).
5
© CITY SECURITY MAGAZINE – SPRING 2023
www.citysecuritymagazine.com
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36
