The UK government’s forthcoming Protect Duty — also known as Martyn’s Law — will place additional legal responsibility on businesses and venues to take counter terrorism measures as of spring 2023. The Protect Duty resulted from a public consultation in to the 2017 Manchester Arena bombings which found “serious shortcomings in the security provided by those organisations which had responsibility for it.”
What organizations are affected by Protect Duty?
The proposed legislation will affect both temporary and permanent event spaces with a defined boundary and a wide range of locations used for purposes such as entertainment and leisure, retail, food and drink, museums and galleries, sports grounds, public areas of local and central government buildings (e.g., town halls), visitor attractions, places of worship, health, and education.
“Despite a lengthy consultation and implementation period and a degree of ambiguity surrounding the legislation’s precise obligations, organizations across the UK will be compelled to review their security measures to ensure public safety and terrorism risk mitigation,” said Rory Lamlock, Pinkerton Director, UK. “Getting ahead of the legislation by partnering with experts taking a strategic, long-term risk management approach is the best way to go.”
What security measures are affected by Protect Duty?
When the law goes into effect, a two-tier system will be introduced. A standard tier will apply to locations with a maximum capacity of over 100, requiring “easy and simple activities to meet their obligations,” such as completing free training, raising awareness around the terrorism threat, and completing a terrorism preparedness plan. An enhanced tier applies to locations with a capacity of over 800, placing additional requirements — such as undertaking a risk assessment to inform the development and implementation of a thorough security plan and subsequent risk mitigation measures or developing a vigilance and security culture; and implementing physical measures like CCTV or new systems and processes — to enable better security.
Crucial questions remain regarding Protect Duty’s enforcement regime. Spot checks and financial penalties have been discussed, as well as additional liability under other UK legislation, such as the Corporate Homicide or Corporate Manslaughter Acts, in the event of an attack.
Ambiguity around the components and methodology of an adequate terrorism assessment or preparedness plan will leave many organizations requiring outside expertise to prepare for Protect Duty.
How can organizations prepare for Protect Duty?
“We needed expertise to help us understand potential legal obligations under Protect Duty, assess exposure and vulnerability of a high-profile site to terrorist attack, and address common organizational failings such as untested response plans, training, and coordination with neighbouring organizations,” said Senior Regional Security Advisor Tom Roberts, an SME embedded at a Fortune 500 organization. “And we needed measures we could realistically implement.”
We needed measures we could realistically implement.
Pinkerton recommends organizations use Protect Duty as an opportunity to assess and mitigate their risks holistically, including crime risk data and taking a broader view of the Pinkerton Risk Wheel Hazard & Event and Operational & Physical Risks quadrants, which should include a thorough terrorism assessment. Auditing, benchmarking, and comparing venues and facilities with industry best practices and global expertise is recommended. Organizations should take a risk-based approach to implementing or upgrading additional security measures with clear ROI and cost-benefit analysis.
“Crucially, an assessment conducted once in isolation is not conducive to successful risk management nor is it likely to satisfy the Protect Duty,” said Rory. “Larger organizations should consider their long-term approach to managing terrorism and security risks sustainably by implementing embedded risk management programs, such as event security or security operations to define global standards, implement site or event level audit or assessment processes, and drive security awareness culture through training, outreach, and communication.”
How can Pinkerton help organizations prepare for Protect Duty?
Partnering with Pinkerton provides access to global, market-leading risk advisory expertise, from tactical site-level audits to strategic to long-term risk management programs. Our solutions can help UK organizations in their journey to prepare for Protect Duty, as well as achieving a range of wider risk management goals. For more information, contact your trusted risk advisor.
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