The 'Protect' duty will require those responsible for spaces and venues accessible by more than 100 members of the public to assess the risk of terrorist attacks and to put in place reasonably proportionate mitigation measures. The pressing need for this new legal obligation was emphasised in the aftermath of the Manchester Arena bombing in 2017.

In summer 2021, the publication of the first volume of the Arena inquiry's report and a consultation conducted by the Home Office began to bring some detail to the duty. A further development was it being mentioned in the Queen's Speech this May. 

The way forward now looks a good deal clearer after a joint Downing Street & Home Office press release issued on 19th December 2022 in which Prime Minister Sunak commits (see quote) to bringing forward the necessary legislation - often referred to as Martyn's law -  in the spring.

The press release - and the new Martyn's law factsheet - also confirm that the duty will be tiered, meaning that an enhanced level of risk assessment and response will apply to larger venues and spaces (ie where capacity >800 people). An inspection and enforcement regime, very probably modelled on that applying to workplace health and safety, will also be introduced.

Awareness of and compliance with the new duty and how it is enforced will touch on certain commercial insurance lines, such as property and casualty policies and D&O covers. We expect further consultation over the next few months to refine the detail of the duty.

In the meantime, risk managers, corporate boards and commercial insurance underwriters should ensure that Martyn's law is on their radar as likely to take effect in 2023-24. Clyde & Co has been monitoring developments closely for the last year and a half. Please get in touch if you'd like to discuss the 'Protect' duty and its likely practical impact.