Terrorism (Protection of Premises) Bill – enhanced dutyholders update

The government has published a number of fact sheets in relation to the Terrorism (Protection of Premises) Bill to coincide with its first reading in Parliament. This includes a fact sheet for enhanced duty requirements. The factsheet provides further guidance on: Security Industry Authority (SIA) notification requirements; Designated Senior Individuals (DSI); public protection procedures and measures; and documenting compliance.

 

What public protection measures are expected of enhanced dutyholders?

The fact sheet explains that public protection measures will vary between different types of qualifying premises and events and will depend on the different types of attack that could take place. It also emphasises that the measures will need to be delivered "holistically". Examples of possible public protection measures are provided, including those ranging from:

• circulating awareness-raising material to those working at the premises or event, to comprehensive security systems and control rooms at the higher end of the scale;
• policies and processes for observing suspicious bags, searching and screening individuals, locks and barriers or CCTV; and
• stand-off zones (a designated area to place distance between one location and another), safety glass or Hostile Vehicle Mitigation.

The factsheet states that the government will provide comprehensive guidance for enhanced duty premises and events to support the understanding, development and implementation of reasonably practicable public protection procedures and measures. In the meantime, the factsheet clarifies that in determining what is reasonably practicable (a concept very familiar to health and safety practitioners), the responsible person will need to take into account their particular circumstances and the circumstances of the premises. Matters that may be relevant to this question include the nature of the premises, as well as the resources available to the responsible person. The factsheet goes on to provide examples of procedures and measures tailored to the specific circumstances of a premises or event.

 

Designated Senior Individuals (DSI)

Importantly, corporate enhanced dutyholders who are required to appoint a DSI must ensure it is "someone who has responsibility for managing the affairs of the responsible person as a whole, such as a director or partner, rather than a lower-level employee".  The fact sheet explains that the primary function of the DSI is to ensure that the responsible person complies with the relevant legislative requirements, with a wider objective of ensuring senior management are engaged in decision-making. The DSI may delegate actions that relate to the requirements but cannot delegate their overall responsibility. 

The fact sheet confirms that the DSI will not be held accountable for an organisation’s failure to meet requirements where they have done everything within their capability to ensure the organisation complies with requirements. However, senior officers (including the DSI) may be liable to prosecution under the bill if their organisation commits an offence and it is proved that the offence was committed with their consent, connivance or occurred as a result of their neglect. It is therefore critical that enhanced duty holders ensure that their DSI’s are (and continue to remain) sufficiently competent, have the necessary resource to undertake this role successfully and regularly report to the board on compliance matters. Moreover, those to whom actions are delegated must also be trained and competent and have the necessary resources to fulfil their role.

 

Reporting to the Security Industry Authority (SIA)

Finally, the factsheets reminds dutyholders of the requirements to notify the SIA when they become responsible for a qualifying premises or event and to provide the SIA with a document containg prescribed information about its public protection procedures. This document must be provided as soon as reasonably practicable after it is prepared and resent within 30 days of any revision.

 

When will these duties take effect? 

The Terrorism (Protection of Premises) Bill has very recently been introduced to Parliament and it is currently on its second reading in the House of Commons. The UK Parliament website provides an up-to-date record of its passage. Once it has passed through the various stages in the House of Commons, it will then be considered by the House of Lords before it eventually receives Royal Assent and becomes law (with any amendments).

Whilst we anticipate its passage will be relatively swift, we expect there to be a period of around 18-24 months following Royal Assent, before the actual implementation of the legislation. Nevertheless given the gravity of the changes introduced by this legislation we advise duty holders to start planning the necessary changes and enhancements to their businesses and staff competencies now.

For further information, please contact authors of this article.