SIA points towards “proportionate approach” for Martyn’s Law regulation

Martyn’s Law, of course, has not yet come into force. The Home Office has always been clear that there will be a minimum two-year implementation period from Royal Assent, which was granted back in April last year.

As such, this means that the management teams for venues, premises and events are not yet required by law to comply. Further, the SIA doesn’t yet have its new powers, while the Home Office statutory guidance explaining how the Act will work in practice is still being finalised.

“Alongside that Home Office guidance,” observed Gibb, “we’re preparing our own statutory guidance (known as Section 12 guidance), which will explain how we’ll carry out our new regulatory functions. Once the Home Office guidance is published, we will share ours for consultation. When we do, we want to hear feedback from the industry so that we can make it as useful and informative as possible.”

Why this matters now 

The SIA is well aware that many organisations already have good protective security measures in place. Some will be wondering whether they need to change or upgrade those measures, while others – particularly so smaller venues – may be thinking about the steps that Martyn’s Law will require them to take for the first time.

“That thinking and commitment to public safety is welcome,” noted Gibb, “but we are increasingly hearing that people are now being encouraged to buy specific products, consultancy advice or services that claim to ensure or guarantee future Martyn’s Law compliance. At this stage, that’s very unlikely to be a wise investment.”

According to Gibb, until the point at which the Home Office statutory guidance is finalised, no-one can offer a fully informed or accurate compliance solution. The Home Office guidance will need to be considered against the specific circumstances of a given venue, premises or event. Products, advice or services that are not informed by either the guidance or specific circumstances may not help in preparation for compliance.

“We don’t want responsible organisations spending money unnecessarily or being misled about what will be required,” asserted Gibb. “There’s a wealth of technical information available on Protect.uk about protective security and a really useful Home Office myth buster specifically about Martyn’s Law.”

Gibb has offered assurances that the SIA will take a “proportionate and supportive approach” as the regulator. “We understand that not every venue or premises will be fully compliant on Day One.”

Cost of compliance 

During the Act’s passage through Parliament, there was significant debate about ensuring the lowest possible burden on those responsible for venues, premises and events. This is reflected in the Act in the requirement for appropriate public protection procedures and measures to be in place only as far as is ‘reasonably practicable’. The procedures and measures put in place at one location may not be appropriate and reasonably practicable at another.

“The principle of minimising administrative burdens,” stated Gibb, “and our obligation to consider the impact of regulation on economic growth remains central to how we are designing the regulatory regime. Our approach, which is consistent with the Regulators’ Code, includes several commitments.”

The Section 12 guidance will set out how the SIA intends to operate as a regulator in more detail, including its approach to investigations and the use of powers. “We need your input to make it genuinely useful,” said Gibb. “Please take part in the consultation when it goes live and tell us if it’s not clear and what else would be helpful to know.”

The Home Office statutory guidance on the requirements of the Act will necessarily be long and technical in places as it must be seen to cover all the key requirements of the Act. “We want to understand what other information you need about how to comply, and how we can present it in ways that work for you and your premises. We will also ensure learning and themes from early casework informs further guidance. We know that clear and actionable information will be essential.”

Fair and realistic 

Continuing this theme, Gibb outlined that the last point above means being fair and realistic in the inspection approach. “It will be designed to improve public safety. That means directing our resources where they can have the greatest impact. Our regulatory decisions will be guided by risk and we will be transparent about the principles behind our regulatory approach.”

The SIA is bound by the Regulators’ Code, including the principles of proportionality, consistency and accountability. Inspectors will be well trained and appropriately vetted. “We will moderate and quality assure our regulatory outcomes to ensure a consistent approach. The information you provide will be held securely and accessed only when necessary.”

Gibb notes that, behind the scenes, “a significant amount of work” is underway to build the new regulatory regime, much of it not yet visible to those who will be in scope of Martyn’s Law.

That work includes engaging a digital delivery partner to design a secure and easy-to-use portal for premises and events managers to send the SIA notifications and compliance documents, drafting guidance to support the regulated community and recruiting new colleagues to help carry out the necessary regulatory functions.