Protect Duty Legislation 21 December 2022

The counter terror Protect Duty has moved another step forward in the legislative process, with the announcement that draft legislation is to be published in Spring 2023. This is an important moment for the bill, which has been beset by delays.  

The Protect Duty will be a new piece of anti-terrorism legislation, designed to ensure the public is protected from a “multifacted, diverse and continually evolving” terror threat.

The new legislation will ensure businesses and organisations are better prepared to deal with – and respond to – serious incidents. The bombing of the Manchester Arena in May 2017, highlighted the need to improve safety protocols at crowded places and venues.

The Protect Duty, will require venues and local authorities to forumulate preventive measures against terrorist attacks. The Duty will follow a tiered model.

A standard tier will apply to locations with maximum capacities of 100 people or above. Whilst an enhanced tier will cover high-capacity locations of over 800 people.

The Government intends to monitor compliance through an inspection regime to be known as ‘Martyn’s Law’ in tribute of Martyn Hett, who was among those who died at the Manchester Arena.   

The main duties of the bill:

• Establishing a new requirement framework which requires those in control of certain public locations to consider the threat from terrorism and implement appropriate and proportinate mitigation measures.
• Delivering an inspection and enforcement regime, which will seek to educate, advise, and ensure complaince with the Duty.