Lord Hogan-Howe:

Moved by Lord Hogan-Howe

32A: After Clause 34, insert the following new Clause—“Counter-terrorism measures in planning law(1) The Secretary of State must consult with local authorities on integrating counter-terrorism measures into the planning and design of new buildings which are likely to be designated “qualifying premises” for the purposes of this Act.(2) Following that consultation, the Secretary of State must introduce measures to ensure the incorporation of anti-terrorism design principles in new building projects, particularly those in high-risk areas, where the buildings in question are likely to be designated “qualifying premises” for the purposes of this Act.”Member’s explanatory statementThis amendment was tabled as Amendment 43 at Committee stage.

My Lords, I beg to move the manuscript amendment standing in my name on the Order Paper. I will be quite brief and I do not intend to push it to a vote. My reason for bringing the amendment forward—it is a repeat of the amendment tabled by the noble Lord, Lord Udny-Lister, in Committee—is because it is fundamental to the aim of the Bill, which will become an Act. It is about the design of new premises.

One of the most strategic things that can happen is to ensure that premises are designed to mitigate the effects of a terrorist attack or, ideally, to prevent it altogether. To be fair, the Minister reassured us in Committee that some action would be taken. It is not that I was not reassured by the Minister, but I was not reassured by the Government’s response in two respects: first, when that change would happen and, secondly, the method by which the advice to planners would be effective. I thought the best way to change that might be in this Bill, not some future one.

It is so important that we design places to enable evacuation and invacuation, and to reduce the risk of a rampant gunman running around a building—all of which is entirely possible by design, particularly in new venues. I would not propose this for every venue but certainly for our major venues—perhaps the 1% of our venues that account for a very high percentage of the people who attend public events and, frankly, will be the priority targets for terrorists, as that is where they will achieve, in their warped view, the most impact by creating public outrage.

For those reasons, I would like to hear how the Government intend to implement this type of design change in a way that, I hope, can be more reassuring than I heard in Committee. This is nothing to do with the Minister but entirely to do with the Government’s response.

My Lords, I will speak, briefly, in support of the noble Lord, Lord Hogan-Howe. I do not want to repeat everything I said previously, but it is important. I know the Minister will say that this is not the appropriate Bill, but the trouble is that there is never an appropriate one, and therefore we keep on missing the opportunities of starting to design out terrorism and crime from the very start. So I would hope that, after this, the Minister will at least take this on board with his colleagues and try to push hard for people to start thinking seriously about doing this for new developments, particularly larger ones.

My Lords, I am not sure whether we are actually debating this or not, because I do not think the chair has put it to us. However, I will say in one sentence that both the noble Lord, Lord Hogan-Howe, and the noble Lord, Lord, Lord Udny-Lister, have a point that this is an important provision. We should be building into planning legislation —into licensing legislation—arrangements to design out terrorism and, I would go further, to design out crime.

I hope that the Minister will be able to say in reply that that is something the Government will bring forward in another way, at another time.

The noble Lord has correctly picked up on my error. The matter is before the House and the amendment has been moved.

My Lords, I rise briefly to agree with the noble Lord, Lord Harris. We on these Benches agree that this is an extremely important matter. Perhaps this is not the appropriate piece of legislation to put it in but, as we said in Committee, it is an extremely important measure that in the longer term will save both time and money.

I am grateful to the noble Lords, Lord Hogan-Howe and Lord Udny-Lister, for raising this matter both in Committee and on Report. The amendment today is a late addition but it is welcome none the less, because it allows me to put on the record a couple of very key points.

I will not revisit the debate we had in Committee, but I did say then that the national policy framework for England and its equivalent in the devolved Governments already contains provision on the need to promote public safety and take account of wider security arrangements during the planning process. That requires local planning authorities to take information from the police and other agencies and to consider steps that could be taken to reduce vulnerability, increase resilience and ensure public safety and security.

There is also associated planning practice guidance providing greater detail. But I get the sense, and I understand where both noble Lords are coming from, that it is far better to design out that challenge in future new build than it is to put in place other measures downstream. As was mentioned in Committee, there is the National Protective Security Authority, and counterterrorism police will continue to serve as valuable advisers on these issues. But since Committee, and this is where I hope I can help both noble Lords, we have reflected on this as an important issue. My officials have discussed the matter further with their counterparts in the Ministry of Housing, Communities and Local Government, and we want to consider how we can reinforce planning authorities with the existing arrangements and requirements to consider security and its importance as part of planning regimes.

It might be helpful for me to say very quickly that the Government are updating their National Design Guide and National Model Design Code, which provide guidance on the very issues that the noble Lords, Lord Udny-Lister and Lord Hogan-Howe, mentioned on safety and security in public spaces. The plan is that they will be published later in the spring.

The Government intend to consult on changes to the national planning policy guidance, to make it clearer and to introduce a more rules-based approach, in spring 2025. The consultations will specifically include policies for addressing security—the very points that both noble Lords have brought to the attention of the House in this amendment, and on which we had a full debate in Committee.

To conclude, I will say what the noble Lord said I would say, which is that this is not the appropriate vehicle for this legislation. That is what Ministers say occasionally at Dispatch Boxes and it is the right thing to do in this instance. But I hope the reassurance that I have given to both noble Lords, that this is on the Government’s agenda and that there will be a consultation that noble Lords can feed into, addresses the points raised by the noble Baroness, Lady Suttie, and by the two noble Lords who spoke on this matter in Committee and today. So I hope that the noble Lord will not press his amendment.

I thank noble Lords for such a generous response to such a late amendment. I appreciate it, and I am reassured by what the Minister has said. I heard the timeline, and I can see why these things need to be considered carefully. With that reassurance, I beg leave to withdraw my amendment.

Amendment 32A withdrawn.

Clause 35: Regulation