Martyn’s Law – Consultation launched

Since our last update on the progress of Martyn’s Law (“the Bill”) at the end of July 2023, little has happened but on 05 February 2024 the Government launched a six-week consultation on the proposed new law which as we know is aimed at reducing the risks we as a society face from terrorism.

Concerns

The Government have always said that the approach to tackling such risks must be proportionate so as not to over-burden those who fall within the scope of the legislation whilst measures must also ensure that the public are protected but at the same time able to get on with our lives free from fear and oppression.

During the pre-legislative scrutiny of the draft Bill by the Home Affairs Select Committee (“the Committee”), concerns were raised in relation to the purpose and clarity of the draft legislation. The Committee were also critical of the training requirements outlined in the draft Bill and the many unknowns surrounding the regulator.

They were also mindful of the potential impact any new laws and regulations may have on businesses, particularly small and medium enterprises and suggested that it may be appropriate to introduce measures in stages with the so called enhanced tier premises first and appropriate analysis conducted to see if there was sufficient benefit in extending it to standard tier premises after a yearly review.

With these concerns no doubt taken on board, the Government are now consulting on the requirements imposed on standard tier premises under Martyn’s Law and are therefore particularly keen to hear the views of those responsible for smaller qualifying public premises and qualifying public events to ensure that the new requirements achieve their purpose but without undue burdens on those responsible for their implementation.

Scope

The updated requirements for those falling within the standard tier are, according to the Government, outcome rather than process driven. Interestingly and perhaps disappointingly for some of the campaigners behind the Bill, the plan is to remove the requirement to complete any specific terrorism training and to replace it with a ‘reasonably practicable’ approach akin to that already used in the Health and Safety sector, for example. It means that those responsible will consider and implement policies and procedures which will be effective for their individual business in the event of a terrorist attack.

The Government have also said that a Martyn’s Law regulator will be set up to monitor compliance and to advise those falling within the scope of the legislation. It is expected that standard tier premises will notify the regulator that they are within scope.

Little else is known about the regulator or their role and how it will operate in practice. For such an important function, it is likely that the public and in particular those who have fought so hard to secure this legislation, will want to see more detail and so it may be that the Government has to embark upon further consultations down the line or at least further engagement with key stakeholders.

The Government have once again signalled that the Bill will be introduced before Parliament as soon as possible but how soon that is remains an unknown. The consultation is open to the public until 18 March and all those who may fall within the scope of the legislation are encouraged to respond, particularly those involved with smaller premises and events.

Olliers Solicitors

At Olliers, we can provide specialist legal advice and assistance to you and your business. We can speak to senior management teams and staff regarding the draft legislation and the impact it is likely to have. We also have positive working relationships with commercial lawyers who can assist with venue/event agreements and contracts, as well as, specialist PR consultants to assist with responding to media contact and publishing content around the response to the legislation, where necessary.