Last year, the government consulted on what it was then referring to as Protect Duty, which has resulted in a draft bill – the Terrorism (...
The government Protect Duty consultation in 2021 was about potential new legislation to oblige those running publicly accessible spaces to implement measures to mitigate the risks of terrorism to the public.
Making Music and members responded to the consultation because – while the aim is, of course, laudable – the direction of travel in the questions indicated that for music groups and the kinds of venues they use (e.g. churches and community halls), the current proposals could be difficult to implement, increase the regulatory burden on volunteers, and threaten the kind of community activity which has only just, through the pandemic, gained recognition for the immense value it brings to society.
The proposals came about as a consequence of the Manchester Arena terrorist attack. But in the first report by the inquiry into that event, Sir John Saunders found that, ‘there were serious shortcomings in the security provided by those organisations which had responsibility for it and also failings and mistakes by some individuals.’ In other words, there was a failure to comply with existing legal duties - combined with mistakes made by individuals - which aggravated the outcome of this event, and not a lack of applicable laws.
'The minister further emphasises that ‘the responses also highlighted the challenge of which organisations should be in the scope, and what would constitute proportionate security measures.'
The response to the consultation has now been published and the overall view of respondents, as the minister notes in his introduction, is that ‘taking measures to ensure that there is an appropriate and consistent approach to protective security and preparedness at public places is a reasonable ask.’ There will therefore definitely be new legislation.
The minister further emphasises that ‘the responses also highlighted the challenge of which organisations should be in the scope, and what would constitute proportionate security measures. This includes ensuring that there is not an undue burden on organisations, particularly those which are smaller in size or staffed by volunteers, such as places of worship.’ It gives some comfort that that message has been received and will hopefully influence those drafting the new legislation.
'Even more concerning seems the conclusion that there need to be stringent requirements for organisers of events in public spaces without a boundary (e.g. town squares).'
However, the detail in the responses reveals a wide variety of views on which organisations should be within the scope of the new law. If it ends up applying to the kind of accessible and affordable local spaces Making Music member groups need in order to function, that could be problematic.
Even more concerning seems the conclusion that there need to be stringent requirements for organisers of events in public spaces without a boundary (e.g. town squares). It is unclear whether that would apply to, for example, bandstands in parks or busking in the streets for Make Music Day.
The report notes repeatedly that government will feed recurring themes of concerns about financial implications and the burden to the operators of small, volunteer-led venues into the statutory Impact Assessment, which will be done for the new Duty: a small but perhaps significant consolation.
The next submission from Making Music will be for the Digital Culture Media and Sport (Parliamentary) Committee’s inquiry ‘Reimagining where we live: cultural placemaking and the levelling up agenda’. Individuals can also submit evidence. Making Music is interested in your views – send them to info@makingmusic.org.uk with ‘Levelling up agenda’ in the subject line.
