Chris Murray
MP for Edinburgh East and Musselburgh · Labour · United Kingdom
“I suspect that many of them would be happy to do so. However, let us be clear that those refugees are not responsible for the extraordinary costs of the asylum system.”
“It is a pleasure to follow the right hon. and learned Member for Fareham and Waterlooville (Suella Braverman), who was the author of the mess that we are discussing clearing up; I am sure she will look forward to sharing her comments with Count Binface soon enough.”
“No, it is not. It is because the right hon. and learned Lady passed the Safety of Rwanda (Asylum and Immigration) Act 2024, which allowed the backlog to soar. It is because the right hon.”
“The Chair of the Home Affairs Committee and I were in northern France together. Does she share my impression from that trip that the scale and complexity of the operations the French Government were undertaking was quite astonishing? Will she join me in welcoming the new iteration of the Sandhurst treaty?”
“I draw attention to my entry in the Register of Members’ Financial Interests. There is some scepticism among the public about refugees, but despite the fact that twice as many people came to this country from Ukraine as crossed in small boats, there has been no public outcry and there is no public unrest.”
“Are the Government certain that they do not need further powers to sort out these contracts and recoup the costs that have already been wasted? If not, why is that not included in the Bill? Second Reading is about principles.”
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“I wanted to speak on this clause because it is arguably the most important component of this legislation and could have the biggest impact. Obviously we all hope that terrorist events do not happen, but we must be alert to the possibility that they can, and to what we collectively need to do to prepare for that situation. Enhanced-tier organisations, particularly those at the upper end such as stadiums, will already have many operations in place to prepare for that. They will do table-top exercises; they will do war games; they will designate staff; they will have protocols. But for the standard tier, in particular, will not automatically be doing that. As we see the terror threat evolving to target those smaller standard-tier institutions, it is important that we prompt them, through this legislation, to do that thinking.”
“I thought it would be good to put on record the reassurances we heard on Tuesday on these measures. Clause 24 accordingly ordered to stand part of the Bill. Clause s 25 and 26 ordered to stand part of the Bill. Clause 27 Guidance Question proposed, That the clause stand part of the Bill.”
“I want to make a few points on offences, following our evidence sessions on Tuesday. Obviously, the situation in the aftermath of a terrorist attack can be very febrile: emotions run high, and media attention can be high. It is human psychology, sadly, to look for someone to blame, and we might have imagined, before we scrutinised the Bill, someone guilty of this offence finding themselves in the eye of that storm. When we questioned Shropshire council representatives on Tuesday, they spoke about the obligations that would be on them if they were the people affected. I was reassured to hear them say that they already felt that burden of responsibility and that this legislation did not impose any further such burden on them. The legislation refers to non-compliance in general, not non-compliance in the aftermath—that is really important.”
“It was brilliant to welcome the Prime Minister to my constituency for the first meeting of the Council of Nations and Regions. Following that meeting, are the Government committed to ending the decade and a half of austerity imposed on my constituents by the Conservative and SNP Governments?”
“You have an obligation on the temperature that you need to keep food at, the number of toilets that you have and to fill in your tax return, but you do not have any obligation to keep your often paying customers safe from a very substantial threat, which is judged to be substantial by the Government. That is a massive loophole, and that is what this Bill helps to fill.”
“You could measure that cost through the amount you spend on it, the opportunity cost of the things that people could be doing while they are listening to it, the distraction cost—there is a whole way in which you could come up with a very big figure, but the reality is that is a proportionate response to what is a very substantial threat when it happens. As Figen mentioned, our threat is substantial at the moment, and that is therefore the proportionate response that we are trying to come up with. In the conversations on and implementation of this in Manchester, one of the reactions we got, which was a broader reaction from the public as a whole, was, “Doesn’t this already exist?” The public expect that public venues would have an obligation to keep you safe.”
“They worked together with counter-terrorism police and put on the free-of-charge, once-a-month, three-hour, face-to-face ACT training. The sessions are always oversubscribed; they are very well attended. Brendan Cox: I think that the fact that it has been taken up so strongly belies some of the idea that this is a huge burden on businesses. Of course, with any methodology like this, you can come up with a costing for how much the opportunity cost of doing x, y or z is. You have the big public campaigns around “See it, say it, sorted.” Of course, there is a cost with that.”
“The most onerous thing, in some people’s opinion, was to ask their staff to do the 45-minute, free-of-charge ACT e-learning training. Basically, they had to pay one hour of staff wages, but on the whole, they felt it was good and the staff felt better having that knowledge, because they felt better equipped to deal with a crisis. In fact, some of the venues in Manchester were also saying they do regular real-life practice of lockdowns, for instance. For some reason, Manchester has really embraced it. A few years ago, I got called into a council meeting and they basically said, “We want to support you. What can we do?” I just looked at them and said, “Don’t wait for the legislation. Just do it anyway.” And Manchester did.”
“Q Can I ask a bit more about the reaction of organisations that do fall in scope? Can you tell us a bit about what their experience has been, any teething problems that they have had and how they have adapted in Manchester as they have implemented it? Figen Murray: We had in Manchester a tabletop exercise that Nick Aldworth and I were allowed to witness. They invited us in and they gave us the results of that tabletop exercise. There were medium-sized businesses, small businesses, and venues and businesses even under the scope, and the feedback was that implementing Martyn’s law would actually be either no-cost or low-cost and that it would enhance, in a lot of cases, customer experience, because people would feel safer.”
“Measures should not be disproportionate, sure, but if the Bill went through in its current form that would cause me anxiety, given my position. I would have to look at the venues that were not covered. To go back to the question that Linsey Farnsworth raised, that would not make the job of Edinburgh city council, Manchester city council or any other local authority easier. Having clarity in terms of the arrangements is not going to make the job of local authorities harder—the more arrangements are standardised, the better.”
“I have visited Edinburgh festival for the last three years, and I am left in awe at the arrangements in place there because of the depth of experience in Edinburgh of running major events with many facets and many venues, and because of the number of visitors who come into the city. There is a lot to learn from Edinburgh city council and how it manages things. The fact that it supports the Bill should say something. Those who have been to the festival know that a whole range of venues are used—all kinds of sizes. That is the point I made a moment ago in response to Mr Roca: if the smaller venues were not covered by the Bill, they would potentially become the ones more at risk and more targeted. The point is about the whole ecosystem of venues, from the smallest to the biggest.”
“Q I would like to ask about the impact that you think the legislation will have on events. My constituency is in Edinburgh. We have the Edinburgh festival in August, where suddenly we have 5,000 events taking place in one month and 50,000 tickets being sold in venues across the city. How do you think this legislation will help cities like Edinburgh, where we have large-scale events—especially when they are distributed? I should also say that Edinburgh city council is very supportive of this legislation. It recognises its power. Andy Burnham: Thank you, Mr Murray. We are really grateful for its support. A lot of collaboration is going on between Edinburgh and Greater Manchester at the moment; the director of the festival was with us just last week.”
“So the right kind of guidance would be beneficial—perhaps guidance that we could work within the sector, including the security industry authority, to have very specific guidance that would help our fellow clerks. I think they would take it on board, because they see that this is an important piece of legislation that we have to work towards. Keith Stevens: In the Bill, it would be good to have slightly more clarity on the responsibilities. If the parish council owns the land, and it is let out for an event, whose responsibility is it? Yes, I think it is down to the parish council to make sure the event organiser is carrying out everything per the rule, but whose responsibility is it if that person says, “Yes, I’ll do all that.”, and then does not? It is one of the slightly grey areas that could be made clearer.”
“We were starting to get comments from the public such as, “I don’t think I’m going to feel safe. Can I have my money back?” It was incumbent upon us to sit down with the event organiser and their security team, and the counter-terrorism officers and the local police, to put measures in place that would reassure the public that they were safe. A lot of the kind of things in the current Bill are things that we have been doing. In effect, I, as a town clerk, have had to take on that kind of responsibility. I already had the responsibility under the Health and Safety at Work etc. Act, so it is not as if it is something brand new to us; it is just a different vein. From our sector, clerks are exceptionally resourceful individuals. They have to be, because they have lots of plates spinning at any one time.”
“Q Could I ask about the responsibility being placed on specific officers? As we all know, in the days after a terrorist attack there is a lot of media attention and emotions are very high. What would it be like for the person responsible for compliance, or named as the one supposed to do something that might not be a very big part of their job or something that they had only received limited training for? What protections do you think would be in place for those officers to be prepared for that and to navigate that scenario? Helen Ball: Let me give you a bit of my perspective as a practitioner. My involvement in that kind of terrorism management came two weeks after the Manchester bombings, because we were due to have an outdoor music event with 12,000 people in our park.”
“When I became town clerk in Shrewsbury 15 years ago, when we were renting the park for an event, it used to be a case of, “Fill out the application form, send me your public liability insurance and the cheque, then drop the keys off when you are finished—thank you very much.” Now we have more stringent premises licenses that require us to ensure that there are event plans and security plans, and that they are communicated with emergency services and the emergency planning team. It has become a morphed role anyway that we have absorbed. I do not really see how Martyn’s law is going to add significantly to that. It just gives us more strength in the argument with event organisers that we have legislation backing us.”
“Q We have talked about the resourcefulness of town clerks. We have clerks in Scotland; I know the officers and they are very resourceful. I know local authority resourcing is a huge issue. Is this adding another layer of responsibility that you are concerned about, or is this another responsibility that is quite capable of being absorbed in the current broad resource envelope? Helen Ball: It is something that has evolved over the years.”
“It needs to be effects-based in terms of how it is assessed and the mitigations you put in place, because good training and being professional are just as effective as somebody being poor and just trying to whizz everybody through an arch, which would create a lot of cost. That formulaic piece is key. We are constantly managing the message that these are safe spaces to be, because in the theatre the average age is still higher. It is still that demographic that is 45-plus with more disposable income and, particularly in regional theatre with your matinées, there will be more retirees, so they are very receptive to trigger events.”
“I do not use dogs at the Savoy or the Princess theatre in Torquay, but that does not mean that you are less safe. There is an assessment. We have to constantly manage that message. We do customer feedback, and you are right that we get the two bookends: “You made us do a bag search, it was raining, it was ‘An Inspector Calls’, the average age was 65 and we were out in the rain,” versus, “You were rushing us through, I had a bag and the check by your security staff seemed cursory.” We are constantly having to balance it. There will be a real challenge on cost, which comes back to the application. For us, I guess it is about being very clear.”
“There will be areas, particularly in some constituencies, where there are still independent theatres run by local authorities. The challenge with the cost base in live entertainment is very real, given the national living wage, energy costs and just the costs of producing. There has always been a high bar, but with those three it is a bit of a perfect storm. Unfortunately, cost is a reality that makes people look. As we tried to paint a picture earlier, when we talk about the formulaic, you could get the same effect by scanning the ticket, having the table, checking the bag, having another queue for bigger bags or maybe not even allowing bigger bags into your theatre. You can do all that. If you come to our theatre at the Lyceum, with Disney as our partner, where we are doing 2,100 people with eight shows a week, you will see dogs there.”
“The reasonable practicableness is a very subjective view. As an example, we do bag searches for everybody who comes into the building. Some might feel that having security arches is reasonable, but we have to balance that with the fact that we are a theatre—we are providing entertainment and this is a social space to come into with your friends and family. All these things are about balance and assessment. Having a CTSA to guide us through that is certainly extremely valuable. Stuart Beeby: Our view, looking across the United Kingdom, is very similar. Things are affected, and there is a groupthink. We can demonstrate with statistics how long it took people to come back into places of mass gathering for great entertainment: post covid, it has taken a long time. I speak as the largest operator of theatre in the UK.”
“Q We have talked a lot about the proportionality and opportunity costs that come with these changes. Could you say a bit about what it is like in your sector? If there were a terrorist attack, that would obviously be really awful for the venue and the people involved, but if the public more broadly did not feel safe going to venues, would that have an impact on your ability to operate? How sensitive is your sector to those fluctuations? Put another way, is the proportionality correct? The impact on your sector could be quite significant. Heather Walker: Security is both a moral and a commercial obligation for our visitors and our staff. It is essential that the public and our staff feel safe in our building; that is an important part of their feedback and how we keep on attracting them.”
“Parliament expects us to be reasonable in our endeavours, in our searching and so on. This does not have that factor of reasonableness, and it could cause conflict. It could be that the regulator and the safety advisory group have differences of opinion and we get caught in between, with what could be very significant financial penalties, not knowing quite which way to go.”
“However, there is potential for conflict where a venue, an annual festival or an annual series of concerts has been in monthly meetings with safety advisory groups and has done all the preparation on the basis of the advice from the safety advisory group—who of course take advice from the local police force and the local CT SecCo, or counter-terrorism security co-ordinator, and so on—and the organisers will have their plan for the evening, or the festival, the weekend, or the next month or six months of the venue, all costed and budgeted, and then the regulator’s representative may come in and say, “I fundamentally disagree with that, and I need you to do this.” It appears that they have supreme powers. Certainly, in the way it is written, as Jon said, there is no factor of reasonableness in it, which we have to have.”
“Then you have a direct conflict, and the operator is trying to square that circle. Melvin Benn: As Jon said, the two licensing Acts in England and Wales and in Scotland are very similar. In Scotland, particularly for outdoor events, licences are done on an annual basis, as opposed to a permanent premises licence as it is in England and Wales.”
“Q Can I follow up on that? That is very interesting —what would drive that kind of conflict? I am Scottish and represent a Scottish constituency, and sometimes some elements are devolved and some are not, so I know it can be difficult for organisations with a footprint across the UK to follow different regulations. Is that the level of conflict you are talking about, or is it more that they would be speaking at cross purposes and there needs to be harmonisation? Jon Collins: The Licensing (Scotland) Act 2005 is similar to the 2003 Act in its provisions. It could be, for example, a venue having a condition that says they will search everybody on entry. That will necessarily create a queue outside the premises, but it might be that from a counter-terrorism perspective you need to get everybody inside the premises as quickly as possible.”
“The Licensing Act is a really good basis for keeping customers safe—incredibly good. It is standing the test of time really well. This introduces conflict to that, unfortunately.”
“So, if our security personnel, for example, are directing a crowd that do not want to be directed, to do something, they have every right—we have lots of video evidence of this in various locations—to stand their ground and say, “You have no right to tell us to do that—only the police can do that.” The Bill is actually trying to tell us to do something that legally we are not allowed to do, and that is a very significant conflict. Even if the concept of vicinity was defined, we still have the problem of external to the licensed premises, which is very defined, where we have that responsibility. So there is conflict there. Obviously, in terms of the general essence of the Bill, we are massively in support of its direction and desire; we are doing that, day in, day out.”
“The Bill is actually trying to introduce a responsibility in something called “the vicinity”, which is very ill-defined—exceptionally ill-defined; we do not know what the vicinity is. Sometimes it is referred to as the grey space, but it is defined as “the vicinity” in the Bill, where we somehow have to take responsibility for safety. We cannot undertake safety in a public space, because we have no legal right to affect what the public are doing in a public space. Actually, the British public, in the main, know that the only people that can charge them or direct them to do something different to what they are doing on a public highway are the police forces.”
“Q But the Bill does not introduce that conflict. If there was a conflict between getting people through the door very quickly or having them queueing outside—in a festival trying to make a decision —that sort of thought process already exists. Melvin Benn: The Bill certainly introduces conflict outside of the venue. Without question, it introduces conflict outside of the venue. Venues are licensed premises, and we abide by licence conditions. That is how we survive in business. We work very hard to keep our customers safe, but we only have responsibility and jurisdiction over our licensed premises. We can have no jurisdiction or responsibility outside of the licensed premises, particularly when that is on the public highway. Once it is on the public highway, it is the responsibility of law enforcement.”
“We are not in charge of that, and we will go whichever way it is. We are fully supporting the direction of this. The simpler way would have been to add to what already exists, rather than to create something separate.”
“The fact that this can be imposed without appeal on a balance of probabilities, and disrupt what can be a decades-old relationship between the venue and the local authority, is the concern. Melvin Benn: It is exactly as Jon said. Because there is an entertainment licence, the granter of the entertainment licence—be it a premises licence in England and Wales, or a yearly licence in Scotland, for example—has assessed that what the operator is doing is safe and makes the customer safe. In that sense, one could argue that there is no need for the legislation. I think the industry generally would say that adding an additional safety piece about counterterrorism into the four pillars of the Licensing Act would have been a better route than creating an additional piece of legislation.”
“Q You are making a really interesting point. To follow up on that, do you accept that there are two categories of organisations? There will be some where the inspector will find that they are doing everything that they should be, so their costs will be low, but there will be some that are not—otherwise, there would be no need at all for this legislation—and costs will be involved there. That is the open-ended component. Jon Collins: I will make one quick point before Melvin comes in. Because we operate with a licence, we are already considering counterterrorism safety and security in how we run the premises. The issue is the new variable. I do not see that there are two classes of venue; the Licensing Act takes care of that. If you are not meeting your obligations under that Act, your licence is at risk and can be removed.”
“With that in mind, we created the special interest group CONTEST to share best practice and signpost to our members what good looks like. Most organisations have very good relationships with local counter-terrorism security advisers, and due to specialist research being carried out on many sites, the security posture is normally of a good standard. So I would be conscious to make sure that vice-chancellors and COOs are aware of their obligation under the new legislation.”
“Q What is your view on what the Bill would look like in practice? Could you give us a bit of an overview of the reality of what it would look like on the ground for your sector, and how you judge the level of compliance and compliance risk you would be taking on board? Gary Stephen: The majority of higher education organisations will be in the enhanced tier with public protection measures. I strongly believe that most of my peers have significant experience in dealing with counter-terrorism risk assessments and security plans, and I would be disappointed if that was not already a priority for most of them in the planning and preparation of events. However, I am aware that not every organisation has an experienced security professional to manage events on campus.”
“One of the things that they can take into consideration is the ability of the responsible person to pay the revenue costs. That will have to be considered. It is about giving us maximum flexibility because, as we have said, one of the challenges around this legislation is the uniqueness and the number of venues and the number of operating models that we are trying to consider.”
“There has to be flexibility in all parts of the Bill, including compliance. Setting the compliance regime where we have, at the £10,000 maximum for the standard tier and the £18 million or 5% of worldwide revenue for the enhanced tier, mirrors some regulatory regimes in this space, so it is not unheard of. It also gives us the flexibility because when you consider the enhanced regime in particular, you are looking at venues that could go from 800-person capacity right through to 100,000-person capacity. That is quite unique in terms of what their revenue structures and so on will be in terms of how they will differ. The regulator will have the ability to consider what is best when thinking about compliance and what can be imposed on a venue or an event.”
“Debbie Bartlett: In setting out the compliance and sanctions regime, the decision was taken—looking at the heart of the Bill, which is proportionality—to have a primarily civil sanctions regime in place. The key role for the regulator, as has been discussed today, is around educating, bringing people up to standard and improving protective security and organisational preparedness across the country. Obviously, to enable that regime to have teeth, there needs to be some kind of compliance and sanctions regime in place. The sanctions regime allows for flexibility. We have heard from significant witnesses today that this cannot be about one size fits all. We are talking about an extensive number of sectors with different operating models, different ways of working, different staff ratios and so on.”
“Q Thank you for what you have set out. We have heard in the sessions about how some wanted to be at a lower threshold and some at a higher one. I can understand that you have to pick a number somewhere in between, so it makes sense in how you have set that out. On compliance and how you are dealing with organisations that do not comply, obviously the hope would be that as many organisations as you come across are complying and doing this kind of thinking already. We have heard about how things like licensing regimes pretty much encourage a lot of organisations to do compliance. Can you talk about why you have set the threshold for non-compliance at that maximum and what the process was in deciding that?”
“Where possible, we have sought in the legislation to try to align and complement as much as possible. What we are asking of people should not be a huge surprise in terms of what has already been asked under those other regimes. They absolutely will have to align and, indeed, within the legislation, we are giving the SIA the powers to share information with other bodies as necessary in the delivery of their duties and those of other public bodies.”
“Debbie Bartlett: We are absolutely alive to the fact that the SIA will have to align and work closely with a number of regulatory bodies, including those responsible for fire safety, licensing—as we heard from the gentleman before us—and health and safety, and with our other operational partners in this space, including the police, and industry themselves. There will be a lot of work to ensure that those regimes are complementary. We heard clearly from the gentleman about the concern of duplication. I do not think that is the case; it is actually about aligning. The licence regime is limited. That is why we felt this legislation was necessary over and above what is already out there. Many of our venues and premises are already be aligned to things like health and safety and fire safety.”
“Having considered all those factors and looked clearly at the capacity and capability within the SIA, the judgment was made that it is the most appropriate body to take on this regulatory function, but it is important to say that clearly there will be ministerial oversight over that process. Ministers will be accountable to Parliament for the performance of the regulator, and this is a crucial part of the legislation. I have to say that the feedback has been largely positive about the decision. There was a period of time initially when there was not clarity about the regulatory functions and who would provide that particular arms’-length-body regulatory function. The Government took the decision that the SIA was best placed to do that, and we think that that is the right solution.”
“Clearly, we were mindful of the Cabinet Office guidance about how best to proceed in terms of the creation of new regulatory authorities, which is not recommended. We looked carefully at the current role and responsibility of the SIA, and the judgment taken was that it has or will have the necessary experience and skillset to provide that regulatory function. This is an important role, and Ministers will ultimately be accountable to Parliament for the performance of the regulator. This is an important piece of regulation that does require that regulatory function. We as Ministers clearly wanted to satisfy ourselves that that is the most appropriate solution. Clearly, we have to consider other factors as well, such as cost.”
“Q You talked about the proposal for the SIA to be the regulator. Why did you choose the SIA as the regulator? How should an organisation respond when it perceives that there is a conflict between what the SIA is asking it to do and what other legal rules, such as licensing, ask it to do? Dan Jarvis: Let me pick up on the first bit of your question, then I will hand over to Debbie for the second bit. Clearly, this is an important role for the regulator, and there has been an ongoing debate for some time about how best to provide that regulatory authority. A number of options were considered by both the previous Government and this Government, and there were other ways of providing that regulatory authority.”
“I began my career by working for two years in the restaurant of the Hilton hotel in Glasgow, and that taught me a lot of critical life lessons that I use in this place, so it is important that we get the policy dynamics of this right. That includes tax and incentives, but it also includes the obligations we put on the sector. We must learn from the Scottish experience of the disastrous deposit return scheme, which has been a real challenge for the sector, and the business rates uncertainty created by the SNP Government in Holyrood.”
“I want to reassure the House that my Scottish Labour colleagues and I are ensuring that the needs and opportunities presented by the whisky and pub sectors in Scotland are being heard right at the heart of this new Government. I want to touch on a couple of the contributions made by the pub and hospitality sector beyond the economic. The first is tackling loneliness. Loneliness is as big a killer in this country as cancer, and pubs are critical to tackling it in the community. The second is providing career paths, particularly for the young. The contribution that these jobs make to developing the soft skills that we desperately need in the economy is vastly underestimated.”
“It is a pleasure to serve under your chairship, Ms Vaz. I represent the city centre of Edinburgh, so it is impossible to overstate the critical contribution of the hospitality sector, not just to the economy of my constituency but to Scotland and the UK as a whole. For example, the Scottish whisky industry produces £7.2 billion for the UK economy every year and, collectively, visits to distilleries in Scotland are the biggest single-ticketed venue in the UK, and those include Holyrood distillery in the centre of my constituency. The pub sector in Scotland is absolutely critical, generating £2.3 billion in gross value added contributions in Scotland alone and employing 45,000 workers. Tragically, pubs in Scotland are closing at twice the rate of pubs in England.”
“Scotland is a diverse place. Some areas are seeing depopulation, but areas such as East Lothian, which I represent, are seeing unprecedented population growth. Will the Minister commit to working constructively with the Scottish Government on their woeful population strategy, which in 17 years has comprehensively failed to address Scotland’s demographic challenges?”
“Does the Minister agree that the Government inherited a deeply troubling and complex situation for any migrants involved that the last Government failed to resolve over a number of years, and that we have now taken the decisive action needed to find a solution to this problem?”
“One of the challenges we have had in the Scottish economy in recent years is a gap between rhetoric and reality. For example, in the creative sector, which is based heavily in my constituency, the Scottish Government produced 10 strategies in nine months. That means that the creative industries just serve as a backdrop for photo opportunities for Scottish Government Ministers, who do not engage with the deep challenges and opportunities that the sector faces. Does my hon. Friend agree that the Government are finally making the correct response, which is to be honest with the public about the financial challenges that we face, and then to deal with the foundational difficulties in order to grow from there?”