Dáil debates

Thursday, 12 November 2020

Regulation of Private Security Firms Bill 2019: Second Stage [Private Members]

 

6:00 pm

Photo of Martin KennyMartin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source

I thank Deputy Ó Laoghaire, who initiated this legislation during the term of the last Dáil. We are in a totally impractical situation in which court orders can be executed in a very heavy-handed manner. We have seen this in some evictions and other situations in which court orders were used to repossess property. It does not always have to be a person's property - it can be vehicles, business premises and so on.

In very many cases, we see security firms operating in a very heavy-handed way. Their operatives often wear masks and really bully and intimidate people. I have spoken to members of An Garda Síochána who have been present in these situations and they have felt very uncomfortable with what they have seen unfold in front of them but there was little or nothing they could do other than advise that the security personnel were stepping over the mark and needed to give those being evicted a chance. Very often this advice would be ignored because these so-called security firms recognise that they are one step ahead of the law because they do not come under regulation.

This legislation will bring them under such regulation and will ensure they will have to comply, register and maintain a certain level of credentials. They will have to have proper management structures in place and will not be allowed to breach people's dignity as they do. This has happened very often. That was certainly seen to happen not far from me in Strokestown just over 18 months ago. A very heavy-handed firm came in, many of whose operatives were from another jurisdiction, which is another problem as people sometimes come from outside the country to do this kind of work. This is not the kind of work which many people should be inclined to do. It is certainly against the grain of everything Irish people stand for.

Stepping away from the rights and wrongs of the matter, we understand that banks sometimes feel they have to prosecute people in order to recover debt. In these cases, repossession orders may be issued. Apart from the rights and wrongs of that, we must consider the wrong of these security firms operating so heavy-handedly when dealing with people, who are sometimes very vulnerable and stressed. This can often have great implications for these people's mental health. It is absolutely scandalous.

It is welcome that both the Minister of State and the senior Minister have indicated that they accept the bona fides of this legislation on the basis that it is trying to do the right thing and move this situation forward. I understand that the Government is working on other legislation and that this may be incorporated into it. If we can, we will co-operate and work with the Minister of State on that. That is certainly what we need to do. I expect that this legislation will get the support of all sides of the House because this behaviour really affronts people's sense of dignity. We see big brother coming in and bullying people. We understand that this is sometimes carried out by very big businesses with very deep pockets and that tenants sometimes have debts they refuse to pay. There can be quite legitimate reasons for the issuing of court orders. Other times, however, these court orders are issued in situations in which people are very vulnerable. Particularly in those situations, the use of these security firms is completely out of hand.

With regard to the issue of evictions during the Covid pandemic, an extension of the bar on evictions needs to be closely examined. That needs to be looked at very seriously because we cannot allow a situation in which people who are already stressed and under pressure are also put in fear of repossession of their properties and of losing their homes under these circumstances. A lot of work needs to be done in this area. I am sure the Minister of State will agree that it is an area on which many of us in the Houses get representations from constituents. These are often not from the people who are feeling the brunt of the problem but from people connected to them because these people feel somehow unable to advocate on their own behalf. Somebody connected to them, perhaps a neighbour or relative, will ask what can be done for these people who are under serious pressure and whose homes are about to be taken from them. That is a reflection of the situation in Ireland, whereby many people start to blame themselves when they get into such circumstances. We need to tell people who are in that situation that businesses sometimes fail and that people's circumstances in life sometimes fail, but that people do not fail. People can recover and can come back from such situations and work through them.

This legislation is vital to turn these matters around and to make a clear statement to the public that the people who are engaged in executing these court orders have to come under the authority of the State, have to be responsible and have to be regulated. I welcome the Minister of State's response to the effect that he will support the legislation.

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