The debate concerning Christmas Markets – should they fall within the scope of the proposed Protect Duty?

The tragedy at Magdeburg Christmas market in Germany on the evening of Friday 20 December 2024 took place over three minutes apparently by a lone attacker driving a rented car, who as a psychiatric doctor, did not fit a typical profile. The targeting of Christmas markets particularly in Germany and France over the last decade highlights that venues where people gather during festival periods present a heightened risk.  

In July 2023 Protect UK published guidance and information for the public and businesses on identifying and reporting suspicious activity regarding the use of a Vehicle as a Weapon (VAW). The vehicle used in Friday’s attack was rented shortly before the incident, and was reported to have manoeuvred between a gap in security barriers designed for emergency vehicles. The ability to access the market stall areas and the warnings of the potential risks posed by this individual generally, will no doubt be the focus of the threat analysis on this incident.

Could this incident impact upon the wording of the draft Bill which is going through the UK Parliament?

During the pre-legislative scrutiny by the Home Affairs Committee, the issue of outdoor events and specifically Christmas markets was raised: see 43-46 of the Home Affairs Committee report no. 1359 dated 27 July 2023 (Terrorism (Protection of Premises) draft Bill).

The difficulty with street-based open Christmas markets is that there is no boundary or controlled access point for people to be able to have a paid or unpaid ticket/ invitation or pass checked before entry.  

The proposed legislation requires those who meet the criteria for responsible persons, because they have the requisite control of the qualifying premises or qualifying event, to carry out certain protective measures depending on whether the standard or enhanced tier applies (and that an exclusion under Schedule 2 does not apply).

During the re-drafting process, the introduction of the "express permission" criteria is aimed at clarifying which premises and events are intended to be within the scope of the draft legislation.  

An event would need to satisfy four criteria:

• Take place in premises as defined in clause 3 of the Terrorism (Protection of Premises) Bill
• Host at least 800 attendees at the same time (ie, a reasonable expectation that 800 or more people will be present at the event at the same time at some point during the duration of the event)  
• Meet the ‘express permission’ criteria
• Be accessible to members of the public (for all or part of it)

Later in this series we shall consider how attendance might reasonably be calculated in different scenarios.

However, licensing legislation and Health & Safety risk planning and implementation, including emergency medical care shall continue to play a vital role in the safety of people.

One point is clear - the combat of the evolving terrorism risk threat will need to include advance preparation by workers at public venues and events and the general public themselves in recognising and reporting risk factors to reduce the threat of harm to people, and significantly minimise changes in lifestyle which terrorism is intended to generate.

Our content explained