Protect Duty Counter Terrorism Proposals Drive Fresh Thinking, Guidance And Practical Help

Matthew Holliday, the National Security Inspectorate’s Director of Approval Schemes, explains how the Protect Duty security proposals for publicly accessible locations now include a free app, risk assessment guidance and a ‘competent persons scheme’, providing informed protective advice to stadiums and arenas, and describes how third-party certification could be a significant string to the bow in wider protection for the public.

The Government’s January 2022-published response to a public consultation regarding Protect Duty proposals has focused on its intention to address the current lack of a legislative requirement for organisations or venues including stadiums and arenas to consider or employ security measures at the majority of places that the public have access to.

The Protect Duty consultation provides thought-provoking proposals on a range of potential future protective responsibilities and measures to improve security at publicly accessible locations (PALs) – defined as any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.

Protect Duty’s Origins

In the wake of the 2017 Manchester Arena terror attack and the subsequent Martyn's Law campaign by Figen Murray, following the tragic loss of her son in the incident, Protect Duty was among the legislation confirmed in the May 2022 Queen’s Speech proposals for the next session of parliament. It forms part of the Government’s approach to improving security and preparedness at PALs without placing ‘undue burden’ on smaller businesses.

The UK’s counter terrorism strategy, CONTEST, was reviewed and updated in 2018. A significantly greater focus on systemic coordination across the public sector, linking up not just the intelligence services but also local authorities, health providers and others, was promised. Four years on, practical measures are already being introduced as part of CONTEST’s four strands: Prevent; Pursue; Protect; and Prepare.

Protect And Prepare

The ‘Protect’ strand of CONTEST involves strengthening protection against terrorist attack and reducing vulnerability, with elements of this strategy including improved security at crowded places through closer, more effective working with a wider range of local authority and private sector responsible partners. Complementing this, ‘Prepare’ seeks to mitigate the impact of a terrorist incident, by bringing any attack to an end rapidly and then recover from it.

The Government has continued to engage with stakeholders in preparing forthcoming Protect Duty legislation, whilst collaborating with the National Counter-Terrorism Security Office (NaCTSO) and Pool Reinsurance in a tripartite, the Counter Terrorism Alliance, to develop an interactive online platform, ProtectUK.

Sharing of information and knowledge has been at the core of the Counter Terrorism Alliance’s work which focuses on utilising experience and research to discover innovative approaches to better inform businesses and the public on the threat, and best practices to mitigate against it. The new ProtectUK platform provides advice, guidance, e-learning and other helpful content.

Practical Measures

ProtectUK has already introduced an online app to support businesses including football stadiums by helping them to protect and prepare their customers, staff and premises against the threat of terrorism whilst also helping them increase their overall security.

Available on iOS and Android, the ProtectUK app allows users to access vital information and guidance on the go. It shares practical guidance on how to respond in the event of an attack, linked to the Counter Terrorism policing’s suite of ACT (Action Counters Terrorism) training products, the Security Industry Authority ACT Awareness e-Learning package and a range of NaCTSO guidance videos. Its latest bulletins include emergency response and post-incident guidance, together with details of the ACT online reporting form and confidential hotline.

Risk Assessments

The need for counter terrorism risk assessment for publicly accessible locations is anticipated to be a fundamental requirement of the Protect Duty scheme. Accordingly, ProtectUK has provided guidance via a Risk Management Model comprising two main components: the identification of terrorist threats and evaluation of their associated risks.

Detailed information relating to aspects such as physical and active measures, as well as attack types, response mechanisms, intervention actions and recovery processes are all described.

Competent Persons

As part of the proposed Protect Duty terrorism-related requirement for those in control of certain public locations and venues a proposed Competent Persons Scheme will provide information and assistance to the business community on security advisers and competent persons in the workplace.

Whilst the full scope of this new Scheme is yet to be determined, a ‘proof of concept’ using the Protect Duty consultation and Manchester Arena Inquiry as datasets will look at the potential for security advisers providing appropriate advice to businesses in matters relating to counter terrorism protective security/preparedness. This will include employees in the workplace responsible for determining and implementing appropriate security practices within an organisation, such as a business owner or senior manager or a more security-specific role, for example a security manager or operations manager.

Approved Services’ Value

Those tasked with ensuring the safety and security of staff, visitors and others can already make use of approved security providers to improve the protective integrity of their sites. The value of specifying and utilising security services delivered by independently certificated providers is becoming ever stronger. One can imagine adequately protecting publicly accessible locations, such as sporting, entertainment and other event venues including stadiums and arenas, will require approved service providers to be a benchmark for any responsible organisation to adopt.

Third-party certification quickly and visibly demonstrates a provider’s technical expertise and reassuring quality of service. Buyers choosing an approved company benefit from the confidence of knowing their chosen provider is subject to ongoing verification of compliance through a rigorous, impartial audit programme, clearly signalling their openness to independent scrutiny, their professionalism and trustworthiness.

Security Industry Association (SIA)-licenced officers, provided by companies holding SIA Approved Contractor Scheme approval, give buyers reassurance they meet a defined and independently assessed set of quality standards throughout their business. This includes aspects such as completed checks on the identity, criminality, financial probity and integrity of those running the business (with all company directors requiring an SIA licence in addition to those they employ). ACS signifies to buyers a degree of professionalism and competence they can rely on, delivered as it is on behalf of the SIA by its three appointed expert assessing bodies, including NSI.

Certificated/approved security companies play a central role in helping buyers to discharge their legal responsibilities, including those related to health & safety, employment law and other requirements, e.g. related insurance stipulations. NSI’s Guarding Gold approval scheme, for instance, is one to which many of the leading providers of private security services in the UK have committed. Companies holding this approval can demonstrate they undergo a rigorous, annual audit programme to verify compliance to British Standards and codes of practice. The majority of NSI Guarding approved providers combine their NSI approval with the SIA's ACS, through the NSI's 'Passport' scheme.

Conclusion

The Protect Duty proposals are rightly shining a spotlight on future duty-of-care security assessments and arrangements at stadiums and other places where the public have access. Reassuringly, third party certification infrastructure already in place has the potential to be deployed as part of the wider Protect Duty solution should it be called upon.