Martyn’s Law and the Protect Duty: Draft Legislation
Etched on minds worldwide, 22nd May 2017 will forever be remembered as the day that suicide bomber Salman Abedi ignited an explosion during an Ariana Grande concert at Manchester Arena. This tragic attack killed 22 people, including Martyn Hett.
In late December 2022, the UK government divulged details about the anti-terrorist Protect Duty. Known as Martyn’s Law, this proposed legislation hasn’t been signed into law yet but will be during 2023.
What is driving the introduction of Martyn’s Law?
The short answer to this is terrorism, politically driven violence. Since the 2017 incident, the UK has experienced 15 terror attacks resulting in the injuries and deaths of ordinary citizens plotting their lives.
Terrorism is dynamic as it constantly warps to find novel angles of threat and surprise. This makes it difficult to map and pinpoint as authorities deal with varying hows, whens and wheres.
Martyn’s Law aims to boost national security by protecting public places. So, it places a duty on those responsible for public locations, whether it is a stadium or a shop, to include possible terrorist threats in risk assessments and implement the needed measures to counter them.
After consultations with the business sector, the government discovered that counter-terrorism initiatives often take a backseat to other legally compelled actions. This means that specific anti-terrorist security measures are haphazard attempts that lack structure and purpose.
An increase in security and awareness at venues will spill over to the improvement of local and national security. So, Martyn’s Law aims to get all relevant parties – from government authorities to the public – involved and hone vigilance to hinder possible future attacks.
Who is affected by Martyn’s Law?
Martyn’s Law applies to any place where the public can go. The proposed bill includes locations such as:
- Entertainment and leisure spots.
- Retailers.
- Restaurants in any form.
- Museums and galleries.
- Sports grounds.
- Places of worship.
- Any government building.
- Tourist attractions – whether indoors or outdoors.
- Healthcare facilities.
- Education facilities.
- Any place that can accommodate more than 100 people.
- Events premises where people gain access by express permission, such as ticketed entries.
Also included are premises such as buildings or collections of buildings used for something specific – for example, a campus or office building. Gatherings also come in under the relevant tier. This includes temporary events with defined boundaries and a maximum capacity.
To clear up any confusion, ask yourself if your event ticks off any of the following questions:
- Is your premises eligible – meaning is it a building or place for an event with a set boundary?
- Will the temporary activity or event take place at this location?
- Does the maximum occupancy of the place meet the 100+ or 800+ people rule?
The chances are that if you run any establishment or event that involves the public, this proposed law will affect you. It is therefore best to familiarise yourself with the ins and outs of this bill so that you can be fully prepared and are not taken unawares.
What are the tiers in Martyn’s Law?
When passed – which is expected to be sometime in 2023 – Martyn’s Law will put a legal duty on relevant businesses and persons to ramp up security measures and vigilance. Scale plays a vital role in how intense these measures should be, and for this reason the proposed law includes two tiers.
The standard tier guides sound preparedness in any facility – whether indoors or outdoors – that accommodates more than 100 people. This means that if you have a place, such as a store, bar or restaurant, that can take more than 100 people, your legal duties fall under this tier.
For high-capacity locations, there’s an advanced tier because of the dire consequences of a successful attack in these places. The stipulations under this tier apply to all areas that can take 800 or more people and include live music venues, theatres and department stores.
How will Martyn’s Law work?
Standard-tier duty holders need to take simple steps to help prevent a terrorist attack. This includes:
- Being better prepared.
- Training all relevant employees and volunteers free of charge.
- Raising awareness.
- Keeping employees and volunteers informed.
Advanced-tier duty holders need to implement structured and thoughtful steps to reasonably counter terrorism. This includes:
- Performing a thorough risk assessment.
- Developing a security plan.
- Taking all reasonably practical measures – such as installing CCTV security systems – to address terrorist threats.
- Assessing the time, money and effort needed for risk reduction.
Volunteer locations that don’t rent out their facilities or charge tourist fees for viewings and such fall under the standard tier. This includes places of worship, charities, community groups and social enterprises below the set 800-person capacity.
Will accessibility be affected?
Most of the counter initiatives happen ‘backstage’ and public accessibility shouldn’t be affected. Again, the proportion of the crowd will play a role here.
Will this law burden my business?
The government will perform inspections to evaluate compliance and educate relevant parties. This law will institute a regulator to do these duties.
Consultation and continuous interaction with businesses streamline this process and eliminate uncertainties. It’s only reasonable that public places protect their staff and visitors.
How can I prepare my business for Martyn’s Law?
Reach out to the government to access an extensive guidance programme that includes relevant security tools. And remember, Martyn’s Law is only turning should-have security measures into must-have ones for the good of all.