Protect Duty: Law Implementation Date And Overview

The UK government's Protect Duty legislation is expected to come into force in 2023, after being introduced to Parliament at the earliest opportunity. The policy, also known as Martyn's Law, is designed to provide better protection from terrorism for the British public, by creating a consistent and proportionate process for enhancing security across any publicly accessible place. The legislation will require many businesses to formally assess terrorism risk for the first time, with the Home Office estimating that 650,000 UK businesses could be affected.

Protect Duty will require businesses to assess terrorism risk

The UK government has been working on introducing the Protect Duty, or Martyn's Law, as a new piece of anti-terrorism legislation. This law will require many businesses to formally assess the risk of terrorism for the first time. The legislation will be directed at those responsible for Publicly Accessible Locations (PALs), ensuring they take sensible measures to protect their event, staff, and attendees from terrorist attacks.

A PAL is defined as any place to which the public or any section of the public has access, whether on payment or not, and whether as of right or by virtue of express or implied permission. The Home Office estimates that 650,000 UK businesses could be affected by the Protect Duty. This includes public venues, large organisations, and public spaces.

Central to the Protect Duty is the need for a competent person to undertake detailed, subjective risk assessments to identify vulnerabilities and appropriate, proportionate mitigation measures. This may include multi-agency planning and exercising, training staff to identify and report suspicious behaviour and how to respond in a crisis, live CCTV monitoring, vehicle stop points, access control, monitoring and patrols, the ability to lock down, and in-depth crisis response and communication plans.

The government considers that the owners and operators of public venues and large organisations should be required to use the information and guidance provided by the government and the police to consider terrorist threats to the public and staff at the locations they own or operate. They should assess the potential impact of these risks across their functions and estate and through their systems and processes. They should also consider and implement 'reasonably practicable' protective security and organisational preparedness measures.

The Protect Duty will have varying impacts on different types of organisations. For small businesses, the Protect Duty is unlikely to apply to a great extent, as the cost implications of implementing significant physical security measures could be impractical. These businesses may only need to reframe how they articulate their current crime prevention measures in the context of the Protect Duty. However, it is likely that smaller operations will still be expected to educate and train staff and carry out specific risk assessments.

For organisations in the middle ground, there may be financial costs and operational implications, such as new procedures, training, and physical installations. These businesses may also need to enhance their in-house security capability and capacity, potentially by creating new positions, training additional staff, or using external consulting support to assess and mitigate the risks appropriately.

For large organisations that already have extensive security measures in place, the Protect Duty will likely have little impact, as they have already assessed and mitigated their terrorism risk in great detail.

The legislation will impact 650,000 UK businesses

The UK government's Protect Duty, also known as Martyn's Law, is a proposed legislation that will impact 650,000 UK businesses. The law is spurred by the tragic loss of Martyn Hett, one of the 22 victims of the Manchester Arena terrorist attack in 2017. The legislation aims to legally compel public venues, hospitals, schools, and other organisations to implement effective and proportionate security measures to protect the public from terrorist attacks. While the introduction of this legislation is likely still over a year away, it is important for business leaders to start preparing.

The Protect Duty will impact a significant number of UK businesses, with the legislation applying to owners or organisers of publicly accessible events and venues with a capacity of 100 people or more. Additionally, it will apply to large organisations with 250 employees or more that occupy publicly accessible locations, including those with multiple premises and regular public footfall, such as chains of betting shops, petrol stations, and chemists.

The legislation will require businesses to consider and implement "reasonable" security measures to preserve life. This could include training staff on how to respond to threats, implementing robust security policies, or introducing physical safety elements such as barriers. While these measures don't have to be expensive, they will require businesses to assess their vulnerability to potential threats and implement appropriate security measures.

To prepare for the Protect Duty, businesses should focus on preparedness and make necessary changes to their HR policies and procedures. Regular reviews of policies and procedures, ongoing training for staff, background checks, feedback mechanisms, and external audits by professional security auditors are all recommended steps to ensure compliance with the upcoming legislation.

The exact timeline for the introduction of the Protect Duty is unclear, but the government plans to introduce the draft Bill of Martyn's Law to the House following the completion of the pre-scrutiny process. Once introduced, the Bill will need to pass through several stages of debate and amendment before becoming law, which could take anywhere from several weeks to years.

It will enhance security in public spaces

The UK government's proposed Protect Duty legislation is expected to enhance security in public spaces and protect the British public from terrorism. The policy aims to create a consistent and proportionate process for improving security across any publicly accessible place or space. This legislation is a response to the increasing number of terrorist attacks in public spaces, such as the Manchester Arena bombing, where 23 people lost their lives.

The Protect Duty will require owners and operators of publicly accessible locations (PALs) to take appropriate and proportionate measures to protect the public from terrorist attacks. This includes implementing robust security policies, training staff to respond to threats, and introducing physical safety elements such as barriers. The legislation will apply to venues and events with a capacity of 100 people or more and large organisations with 250 or more employees that occupy publicly accessible locations.

The benefits of the Protect Duty legislation will include improved security in public spaces and a culture of security. It will drive venue owners and event organisers to take responsibility for security and understand potential threats and the level of danger. Additionally, the measures put in place to prevent terrorist attacks can also help prevent other criminal acts, contributing to wider public safety.

The legislation is expected to come into force in 2023, following a period of consultation with stakeholders and other government departments. The government recognises the complexity of the proposal and the need for clarity on responsibilities and appropriate measures. The Home Office estimates that 650,000 UK businesses could be affected by the Protect Duty, highlighting the importance of providing support and guidance to ensure effective implementation.

Protect Duty is also known as 'Martyn's Law'

The UK government is set to introduce a new legislation called the Protect Duty, which aims to enhance the protection of publicly accessible places from terrorist attacks. This decision comes in light of recent low-sophistication terror attacks and larger-scale atrocities that have occurred in public spaces, such as the Manchester Arena bombing in 2017. The Protect Duty will now be known as 'Martyn's Law' in memory of Martyn Hett, who was killed alongside 21 others in the Manchester Arena attack.

Martyn's Law will require those responsible for publicly accessible locations, such as entertainment and leisure venues, retail spaces, museums, sports grounds, and government buildings, to consider the threat of terrorism and implement appropriate security measures. The law will follow a tiered model, with the standard tier applying to locations with a maximum capacity of over 100, and the enhanced tier focusing on high-capacity locations of over 800 people.

Under Martyn's Law, venues will be required to take several steps to improve public safety. This includes undertaking risk assessments and developing emergency plans and procedures, training and raising staff awareness, and employing security systems and measures to mitigate threats. The government will also establish an inspection and enforcement regime to promote compliance and issue sanctions for serious breaches.

While the introduction date for the legislation has not yet been set, it is expected to be introduced in 2023. The government plans to publish draft legislation in the early spring to ensure the law stands the test of time. In the meantime, organisations are encouraged to start implementing their own security measures and to refer to the counter-terrorism pages on GOV.UK and the Protect UK website for guidance and resources.

The legislation will require reasonable security measures

The UK has seen a number of terror attacks in public spaces in recent years, including the 2017 Manchester Arena bombing. In response, the UK government has proposed the Protect Duty, also known as Martyn's Law (in honour of Martyn Hett, a victim of the Manchester attack). This legislation will require those responsible for Publicly Accessible Locations (PALs) to take reasonable and proportionate security measures to protect the public from terrorist attacks.

A PAL is defined as any place to which the public or any section of the public has access, whether on payment or not, and whether by right or by virtue of express or implied permission. This includes public venues such as entertainment and sports venues, tourist attractions, and shopping centres with a capacity of 100 people or more; large organisations such as retail or entertainment chains employing 250 or more staff and operating in publicly accessible locations; and public spaces such as parks, beaches, town squares, and pedestrianised areas.

The Protect Duty will require owners and operators of PALs to use information and guidance provided by the government and the police to assess the risk of terrorist threats and implement appropriate protective security measures. This may include measures such as staff training, live CCTV monitoring, access control, and crisis response plans. For smaller organisations and venues, this could involve low-cost or no-cost measures such as ensuring staff are trained to identify and report suspicious behaviour and how to respond in a crisis.

It is important to note that the Protect Duty is currently under consultation, and the draft legislation is expected to be published in spring 2023. The government has stated that it will continue to engage with stakeholders and use feedback from the consultation to further develop the legislation before introducing it to Parliament.

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