Protect Duty – Martyn’s Law 2024 Update

July 2024 Update

Following a number of delays (mainly due to the calling of the General election), The Protect Duty (commonly known as “Martyn’s Law”) was included in the King’s Speech

Measures will be introduced to improve the safety and security of public venues and help keep the British public safe from terrorism.

This was however just one of over 40 pieces of legislation that were mentioned and there is still no guidance or roadmap to ensure that this vital piece of legislation actually becomes law.  We shouldn’t forget that there is still a long way to go, given that since there has never been a response to the heavy criticism of the Parliamentary Committee which scrutinised the draft legislation – and no revised timeline has been put in place.  We’ve been talking about this for too long now.  As we discussed back in April 2023 it was always thought that the legislation was at least two years away from becoming law and there is now a danger that we won’t even hit that date… 

At ESP we continue to support any guidance and legislation that promotes the safety of those attending or working at venues and events, and look forward to clearer details forthcoming soon.

February 2024 Update

We first started talking about Protect Duty about this time in 2023 and despite plenty of updates there are still some challenges with the legislation.  To be completely clear, here at Event Safety Plan we support the ethos and desires behind the proposals, but we need to get quickly to the point of something that is workable, efficient and understandable to ensure that there is buy-in, compliance and uptake from all areas of the industry.

As of 05 February 2024, the Government has launched a public consultation on the Terrorism (Protection of Premises) Bill which seeks to validate the new approach which is seen as “more proportionate, meaningful, effective and transparent than that previously agreed for the following reasons:”

• “The purpose of the primary duty is now outcome-focused, aligns with comparable regimes (i.e. Health and Safety) and removes any previous assumptions around the Standard Tier requirements being too instructive and rigid i.e. a “tick box” exercise.
• “It brings greater clarity to costs and expectations i.e. the Standard Tier holds no legal requirement for premises to consider physical security measures, but focuses on procedures and the actions people working at the premises should take in response to an attack.
• “It measures all premises in scope against the same standard of “reasonably practicable”. This approach is better suited to the wide range of organisations that will be within scope of the Standard Tier because they will assess and implement procedures that are suitable for their individual circumstances. The “reasonably practicable” test includes what is financially feasible for a premises.
• “We have moved away from a prescribed training requirement (i.e. a one size fits all package for all relevant staff). Instead, those responsible will be required to ensure that their procedures are adequately communicated and practised by relevant staff. Again, in implementing relevant procedures, those responsible will be held to a “reasonably practicable” standard.

“The consultation seeks specific feedback on these measures to ensure the updated requirements proposed for Standard Tier premises are appropriate.”

Interest parties are requested to do two things:

1. Respond to this survey
2. Attend a Standard Tier Consultation Webinar – details below

** December 2023 Update **

See more details following updates from the Kings’ Speech during the opening of Parliament – in relation to Protect Duty for events and venues

** July 2023 Update **

See more details of the Protect Duty Select Committee report

**May 2023 Update**

The draft Protect Duty Draft Bill (Martyn’s Law) has been published – you can download a copy or visit it on the .gov.uk website

**April 2023 Update**

There seem to be slightly conflicting reports circulating in relation to the approval and roll-out of the Protect Duty – with the EIF (publishers of the Purple Guide) suggesting that it could be ‘a couple of years’ before the proposed legislation becomes law.  The Home Office however are pushing ahead with workshops to help ensure stronger protections against terrorism in public places.  Full day workshops are being offered which will help to scope the practical elements of delivering against the proposed legislation with officials looking for feedback to make the Law a success.

Workshops will last for one day (0930-1600) and will be free to attend.  The dates and locations for the workshops are as follows:

• London – 02/05/23
• Cardiff – 04/05/23
• Birmingham – 09/05/23
• Carlisle – 16/05/23
• Durham – 17/05/23
• Belfast – 23/05/23
• Edinburgh – 30/05/23

Applications to attend can be made by visiting this page about Protect Duty workshops

The deadline for all applications is 07/04/2023 and due to limited places, delegates will be notified if their application has been successful by 19/04/2023.

Background

HM Government have announced further details of the ‘Protect Duty’ which is to be brought into law sometime in 2023.  More commonly known as Martyn’s Law (named for Martyn Hett, who was murdered in a terrorist attack at the Manchester Arena in 2017).

Like the ‘Duty of Care’ requirement under health and safety legislation or the Duty holder responsible for fire safety in a business, the ‘Protect Duty’ puts responsibility on to managers, owners and operators to ensure the safety of the people that work at or are attending their event, building or location.

Full guidance and documentation is still to be published, however this page will be updated and further details included about how to ensure safety at event venues complies with the Protect Duty.

Who does Martyn’s Law apply to?

Details are still to be published, however the current guidance suggests that there will be a tiered approach:

• Venues and locations with a capacity of less than 100
• Venues and locations with a capacity of more than 100 but less than 800
• Venues and locations with a capacity of more than 800

Do all venues have to comply with the Protect Duty?

• Broadly speaking, yes – all venues (whether permanent locations such as exhibition and conference centres, hotels and wedding venues) or temporary venues such as those used for music events, sporting events or public shows.
• There will be three tests to see if a premises will be required to comply with the Protect Duty
  • The premises must have a defined boundary (i.e. a building footprint, or an event site)
  • That qualifying activity takes place at the premises
  • That the capacity of the premises meets the capacity thresholds

What information about Protect Duty is available?

• Further information is still to be published
• HM response to proposals
• HM Govt guidance
• Police UK Guidance

Get more Protect Duty updates as they become available – just add your email address below (we won’t sell your data and you can opt-out at any time)