Martyn’s Law Is Here – Are We Ready for the Biggest Shift in Security Since 2004?

• by Olivia Lawlor-Blackburn
• Advent IM Blog

The Terrorism (Protection of Premises) Bill, more commonly referred to as Martyn’s Law, has received Royal Assent after a gruelling six-year campaign by Figen Murray, the mother of Martyn Hett, after who the law has been named.

Martyn was one of 22 people killed in the Manchester Arena terror attack in 2017, and the public inquiry chaired by John Saunders found that there were “serious shortcomings” in the security provision from the venue owners, security contractors, and the British Transport Police on the night of the attack.  The inquiry said that there were “failings and mistakes by some individuals” for “missed opportunities” to lessen the death toll.  “Everybody concerned with security at the arena should have been doing their job in the knowledge that a terrorist attack might occur on that night,” he said, adding: “They weren’t. No one believed it could happen to them.”

The Terrorism (Protection of Premises) Bill lays out that those responsible for certain premises and events should be better prepared for any attack and help keep people safe. The responsible person must consider how they would respond to a terrorist attack, for example by training staff to lock doors or close shutters and identify a route to safety.  In addition to this, at certain larger premises, venues with a capacity of 800 or more, for example, will be required to take appropriate steps to reduce vulnerability to terrorist attacks, which could also include installing CCTV systems or hiring security staff.

According to the Home Office Fact Sheet, “The Government intends for there to be an implementation period of at least 24 months before the Act comes into force. This will allow the SIA’s new function to be established, whilst ensuring those responsible for premises and events in scope have sufficient time to understand their new obligations. This will enable them to plan and prepare appropriately.”

It is clear that there is a big part to play in all this by the Security Industry Authority.

All of this comes at a time when there are already some big changes afoot.

In March, Lords Minister Lord Hanson, announced that, for the first time, the Security Industry Authority (SIA) will be brought under the security minister’s portfolio, in a move that will ensure the SIA is provided clear, strategic direction from the Home Office on both regulation of ‘Martyn’s Law’ and the Protective Security Industry Act moving forward.  He also confirmed that he will be carefully reviewing monitored recommendations 7 (removing the in-house licensing exemption) and 8 (the introduction of business licensing) of the Manchester Arena inquiry.

The SIA has recently launched a public consultation on proposed changes to its published licensing criteria, which is due to run until May 2025, and which could see more change in the industry.

The SIA has also introduced changes to training requirements for door supervisors and security guards, including mandatory refresher qualifications for renewals and updated qualifications for those working in many sectors.

This will undoubtedly see the SIA go from an already sizeable organisation, at over 360 employees, into a considerable larger one, especially as they take on the additional responsibilities of delivering the regulatory function of Martyn’s Law, given that they will be responsible for monitoring compliance and enforcing the new requirements, including powers to inspect premises, advise on compliance, and potentially levy financial penalties for non-compliance.

The combination of all of this potentially means some of the biggest changes, not just to licensing of private security provision but also in ensuring better uniformity of standards, enhanced provision of security services, and effective counter-terrorism measures since the Private Security Industry Act 2001 led to the formation of the SIA in 2003 and the commencement of licensing in 2004.  That, if done well, can only be a good thing for all of us.