The Protect Duty (Martyn’s Law)

Acts of terrorism have a devastating and far-reaching impact on victims, their families and friends, and on communities more widely. On 26th February 2021 the government set out its plans on a new Protect Duty, a legal requirement for public places to ensure its readiness for and protection from terrorist attacks. The new legislation was proposed following the devastating Manchester Arena attack where 22 people lost their lives and 500 people suffered significant injuries. Often referred to as Martyn’s law the proposals have been driven by victim groups and championed by Figen Murray who has campaigned tirelessly after the loss of her son in the Manchester Arena attack in 2017.

The Protect Duty delivers on a Conservative Party manifesto commitment to improve the safety and security of public venues and spaces, drawing on lessons learned from previous terrorist incidents. These public venues and spaces are not just focused on large stadiums and concert halls but cover a wide range of everyday locations such as, high streets, bars, clubs, parks and beaches. The list is extensive, and the new legislation recognises that it is not a ‘one size fits all’ approach.

Working with many different stakeholders and organisations the government opened its consultation period on the new legislation and this is now under review. The legislation sets out to improve public safety without being unduly burdensome and must not be allowed to inhibit the freedom to enjoy the various locations. There needs to be a balance between public safety measures and the ability to enjoy the much-loved public space. To help you understand the strategy of the protect duty and what it means to you we have broken it down for you:

What is the protect duty?

The aim of the Duty would be to ensure the consideration of threat, leading to considering and taking forward appropriate and proportionate mitigation measures. It is envisaged that for many organisations and venues, these requirements would be simple changes to existing systems and processes, entailing nil or low new costs. For many, these will reflect work that has already been undertaken, including recent considerations of COVID-19 health measures, and ensuring appropriate security requirements through these.

Where does Protect Duty Apply?

• Public venues (e.g. entertainment, sports venues, tourist attractions, shopping centres)
• Large organisations (e.g. retail, or entertainment chains)
• Public spaces (e.g. public parks, beaches, thoroughfares, bridges, town / city squares and pedestrianised areas)

Who does it apply to?

• The Duty should apply to owners and/or operators of publicly accessible venues with a capacity of 100 persons or more
• The Duty should apply to large organisations (employing 250 staff or more) that operate at a publicly accessible location
• Protect Duty should be used to improve security considerations and outcomes at public spaces

?Will there be a compliance strategy?

To drive an improved culture of security, compliance is a necessity. For public venues, and large organisations, it has been proposed that owners/operators should be required to:

• Consider terrorist threats to the public and staff at locations they own or operate;
• Assess those risks across their functions and estate; and
• Consider and take forward ‘reasonably practicable’ protective security and organisational preparedness measures.

Risk assessments required by the Duty it has been proposed that owners/operators should demonstrate:

• The range of threats that have been considered;
• The steps that have been subsequently taken to mitigate these threats;
• The steps that have been taken to prepare for and/or respond in the event of an attack; and
• Where steps have not been taken, the reasons why.?

It was highlighted that a key objective of the proposed Protect Duty is to drive forward an improved culture of security, where owners/operators can undertake informed security considerations, and implement reasonable and proportionate security measures. With this is mind the Protect Duty will bring into play a much-needed change to improve public safety measures. Tragedies will sometimes be unavoidable but if we can ensure venues are ready to prevent and protect where possible, we will have made progress and limit the devastation caused by terrorism.

Stakeholders will inevitably have concerns and be worried about financial implications; however, the government have expressed their understanding and support in limiting the costs and have given reassurance that the legislation will often be simple changes to measures already in place.

Security for new buildings, depending on the type and location may already attract security-related planning conditions but the Protect Duty will apply to new and old publicly accessible spaces which may impact your organisation.

There are some sectors in which security is considered a critical design service such as financial services, government, and Transport, but it could be argued that all new developments should look at security as a consideration.

BB7’s team of SABRE accredited consultants can support the client in their commitment to security and clearly document their ability to manage and mitigate security risks. In addition to the commitment to the safety of the occupiers of the building/space, a SABRE assessment/ Security Needs assessment can contribute to further BREEAM points for organisations. Clients may also save money by avoiding costly SBD demands by DOCOs & planning authorities, by showing their commitment to user safety and security by ensuring a SABRE rating.

On Tuesday 29th March, BB7 Learning Lounge is pleased to present its CPD on 'Protect Duty - Business implications'. Tom Welland, Director of Client Services, BB7, will be hosting this bitesize session with our security experts Richard Postma, Head of Security Engineering, BB7, and Christopher Aldous, Director of Design Security Ltd. Register now to secure your place on this CPD session.

Find out more about BB7’s security services, or apply for a Security Needs Assessment.