What can I do to prepare for Protect Duty
Ascertain if you will fall under the requirements of protect duty, and what category of organisation IE size and vulnerability you are in. A good understanding of risk assessments,security culture, awareness among staff, training levels and physical security arrangements you may need. Get familiar with material already available, by the National Counter Terrorism Security Office NACTSO and CPNI. We are expecting more information in early 2023.
Which spaces are in scope and what businesses?
At the time of writing and still in early 2023, this is yet to be confirmed, the three primary areas the Protect Duty will potentially apply to are:
Public venues (e.g., entertainment and sports venues,churches, tourist attractions, shopping centres with a capacity of 100 persons or more)
Large organisations (e.g., retail or entertainment chains employing 250 staff or more that operate at publicly accessible locations)
Public spaces (e.g., public parks, beaches, thoroughfares, bridges, town/city squares and pedestrianised areas). This includes event organisers using these spaces.
Local authority role
The findings of the public consultation indicated that there is an expectation local authorities will have a significant part to play in the Protect Duty, in addition to being subject to the legislation as owner/operators of Publicly Accessible Locations (PAL).
This could see local authorities become responsible for bringing together those operating public spaces to establish security partnerships, facilitate the sharing of best practice and drive compliance. Potentially, this could include ensuring that operators engage with appropriate training, risk management information and, where appropriate, invest in physical security.
Taking a coordinated, top-down approach makes sense. Doing so helps to ensure consistency between organisations and across public spaces and, through the sharing of best practice, prevents duplication and mistakes.
There are instances where responsibility for managing public safety may be far from clear-cut. For instance, an operator running a concert at an event space or a football match. These concentrate large numbers of people within a venue, but they also lead to large groups of people gathering as they approach and depart from a venue. Determining which organisations are responsible for the security of these people throughout, and ensuring any plans are coordinated, is essential.
Insurance response
Insurance is an important part of an organisation’s management of the risk associated with a terror attack. While the traditional focus for terrorism insurance is property damage and business interruption, in the case of the Protect Duty, the broader impact will fall upon the Casualty programme (e.g., public liability & employers’ liability) of the space affected or the entities involved in attracting the crowds to the location.
There are limited examples of insurers attempting to restrict terrorism on public liability programmes for some occupancies and larger venues may have already seen more insurer scrutiny over their approaches to risk management. As the scope of legislation around the Protect Duty becomes clear, this may lead to more emphatic action by insurers and a desire to see documented change.
Review risk management plans now
Owners and/or operators of large venues should undertake regular risk assessments and have emergency response,contingency and business continuity plans in place. While draft legislation for the Protect Duty has yet to be shared, it is prudent to review existing plans in anticipation, to ensure they are fit for purpose.
Organisations must ensure they understand the scope of the risk and the appropriate preparation and response management necessary to protect the public in the event of a terror attack. Requirements vary between venues and may include activity beyond the assessment of terrorism related risk:
Training for staff to enable them to recognize and respond to a potential threat.
First aid resources and training
Shelter in place and evacuation plans.
Physical & procedural security to limit the freedom of movement of an attacker.
Technology solutions that support the identification of potential threat, limit the opportunity for an attack and coordinate a response in the event of an attack. 3D Modelling plans can support this response
Consult and read the latest Government advice and online material Protective Security Planning and Measures for Managing Assets | CPNI
Speak with your local CTSA
When undertaking this exercise, it can be helpful to consider that in the context of liability an organisation can be found to have failed either by failing to recognise the potential for and prepare for an attack. Alternatively, by responding inappropriately, where the response fails to contain the situation or makes it worse. It’s important to note that between the start of an attack and the police arriving on site to neutralise the attacker, the response can only come from the owner or operator of a site. Therefore, ensuring adequate training and investment to deliver an appropriate response is essential.
Be prepared and Plan
Taking steps now to be able to design, formulate and adapt the quality of your terrorism risk management plan– from risk assessment through to security investment and training and response implementation – will build resilience into your organisation in preparation for when the legislation does come into force.
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