Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I secured Government approval last month to bring the regulation of private security personnel, employed to assist in enforcing court orders, within the remit of the Private Security Authority. The proposals for this measure and related matters are contained in the report of an interdepartmental working group, which was published on my Department’s website on 9 April 2019. The key recommendation of the report is that the Private Security Services Act 2004 be amended to bring security personnel assisting in enforcing court orders within the remit of the security services licensable by the Private Security Authority. This means that such persons will require a licence to operate in this area and will have to meet the standards and qualifications set by the authority. The Act will be amended to include enforcement guard as a new category of security service to be licensed by the Private Security Authority.  An enforcement guard will be defined as a person performing the following functions: removing persons from a premises or place in order to take legal possession of the premises or place; controlling, supervising, regulating or restricting entry to a premises or place in order to take legal possession of the premises or place; and seizing property or goods in lieu of an outstanding debt.

My proposals also include amendments to other legislation in this area, such as repealing a provision in relation to the display of court messengers' names and places of residence in court houses, in the interests of the safety of such personnel.  I also propose to amend section 33 of the Private Security Services Act 2004, as amended, to allow the register of licences to be available on the Internet as well as the authority’s offices. My Department is working with the Office of the Attorney General to bring forward the necessary legislative provisions and we will keep the Deputy informed.

I raised this issue previously in the context, first, of the issues involved in the Frederick Street incident and, second, regarding the Strokestown incident where some of the security personnel's behaviour was appalling. That happened because of a lack of regulation. There was nobody to hold them to account. On foot of those incidents, I complained to the Private Security Authority and was informed that it has no remit in this regard. That is plainly wrong. The Private Security Services Act contains any number of provisions which cover licensing, regulation, a complaints procedure and ensuring that people are of good character when they are employed in these professions. If we expect people who are engaged in security work on our high streets and at the doors of pubs to meet these standards, we should surely expect those people who are involved in what is potentially the most intrusive and hard-edged form of security work to be covered by regulation.

I have seen the interdepartmental report to which the Minister referred but I want to know when he intends to bring forward legislation in respect of this not particularly complex area. What is required is a mechanism which will ensure that security personnel will be brought under the remit of the Private Security Services Act and that the provisions thereof will apply to them. That Act will probably require a few amendments specific to this category of security personnel. Will the Minister indicate a timeline for the introduction of such legislation?

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