Independent external review of personnel security arrangements in the transport industry

Terms of reference

Aim

To review the scope and adequacy of Personnel Security arrangements in the transport sector and to advise on any changes needed or desirable and their impacts.

Background

During a period of increasing threat from terrorism, a suite of measures has been put in place by Government across the regulated transport modes for vetting staff before employment, where their duties could enable them to facilitate terrorist attacks.  In parallel similar checks have been introduced in areas such as  the Critical National Infrastructure, Health and Education.  Checks apply to both UK nationals and to personnel who originate in other countries. The regulation of the private security industry by the Security Industry Authority has introduced a further dimension resulting in requirements placed on employers, including those in the transport sector, that may be additional to, as well as overlapping with, the Government’s own requirements

Different views have been taken of the value of particular checks within these regimes.  While there could be good reasons for these variations, a review of the consistency of both the underlying approach and its overall effectiveness is both needed and timely.

Vetting can only be one layer in a wider protective security regime. Consequently, some of the current vetting requirements apply only to staff carrying out particular activities or working in specific parts of a transport operation.   This raises issues over whether the areas and activities covered are the right ones, and whether the checks are both proportionate and consistent, as part of an overall personnel security approach.

The Review

The review is therefore intended to establish:

A. The extent to which the coverage of personnel security in the transport sector is correctly aligned to the risks that specific classes of employees could conduct, contribute to or facilitate terrorist attacks;

B. Whether the measures that are undertaken as part of pre-employment checks and vetting, and compliance with them, constitute  an effective and proportionate way of managing the different levels of risks, and, if they are not, what further measures should be adopted;

C. Where personnel security measures are required which differ from those in apparently similar fields, the extent to which there are sound reasons for this, and, if this is not the case, what adjustments might be made?

Scope

All transport modes (and closely associated bodies such as NATS) are within the scope of the review, including areas outside the current regulated security regimes. A first phase of the review will concentrate on pre-employment checks in areas relevant to major risks (on which up-to-date classified guidance will be provided); and will generate recommendations as to further areas or checks which may need further examination in a second phase. 

Liaison will be necessary with the British Transport Police Authority over the vetting approach they adopt for their own uniformed and civilian staff, as well as for Port and other transport related police forces.

Method

The review will need to work closely with the Transport Security Directorate and the key transport industry operators, especially in the regulated sectors.  Views should also be sought from other stakeholders, in particular the Trades Unions representing staff in areas where changes might be recommended.  Costs and benefits and the overall impact on industry should be assessed. 

The views of agencies undertaking checks should also be sought on the feasibility of changes, with regard given to developments already planned such as Transformational Vetting and the National Identity Scheme.

Other Departments such as the Department for Environment, Food and Rural Affairs and Department for Business, Enterprise and Regulatory Reform, exercising comparable functions for civil nuclear power and other parts of the Critical National Infrastructure, will need to be consulted. 

Advice should be sought from the relevant parts of the Cabinet Office and the Centre for the Protection of the National Infrastructure, which have responsibility for Government policy and advice on personnel security.

Timing and Oversight

An initial report should be submitted to the Transport Secretary in the new year setting out in detail the scope of the work that he will carry out and a timetable for the delivery of his final conclusions.  Following completion of the review, the Secretary of State will publish a summary of its recommendations. Day-to-day guidance will be provided by the Director General International Networks and Environment.