James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank Deputy Ó Laoghaire for bringing forward this Bill. At the outset, let me state that the Government fully understands and appreciates his reasons for bringing it forward and is supportive of the important public policy objectives that underpin it. For this reason, the Government has decided not to oppose the Second Stage of the Bill. However, I would like to advise the House that the Government will be bringing forward legislation in this area which will achieve a similar objective to Deputy Ó Laoghaire's Bill and is intended to address some other issues.

Many of us will recall the removal of persons trespassing and illegally occupying a private property on North Frederick Street in September 2018 on foot of a High Court order. The persons were removed by a private security firm. The personnel who attended at the property on behalf of the private security firm are not currently subject to regulation or licensing by the Private Security Authority, PSA, under the Private Security Services Act 2004, as amended. This is because this activity does not fall within the definition of what constitutes a security service under the Act.

In light of the widespread dissatisfaction with events at the property on North Frederick Street and the inherent risk associated with unregulated persons carrying out such functions - and I note the stress and fear such occurrences can cause for people and that they are an affront to people's sense of what is right - the then Minister for Justice and Equality, Deputy Flanagan, made a commitment to the Dáil in September 2018 that the law governing the area of persons involved in the execution of court orders that are not licensable by the PSA would be examined. The Minister established an interdepartmental working group chaired by the then Department of Justice and Equality. It consisted of officials from the Courts Service, An Garda Síochána, the County Registrars Association, the Revenue Commissioners, the then Department of Housing, Planning and Local Government and the PSA.

The remit of the working group was to examine the steps necessary to bring the regulation and licensing of security personnel assisting those enforcing court orders for eviction or repossession within the remit of the PSA. On 9 April 2019, the then Government approved the publication of the working group's report and the drafting of a general scheme of a Bill to give effect to the proposed legislative amendments.

Bringing such personnel within the licensing remit of the PSA was the key recommendation of the interdepartmental working group report. On 22 October 2019, the Government approved the drafting of the private security services (amendment) Bill. I would like to assure the Deputy and the House that progressing this Government legislation is of high importance to the Government. Work on the Bill is at an advanced stage and the intention is, subject to the will of the Houses, to have the Bill enacted in the first half of 2021.

Deputy Ó Laoghaire's Bill proposes to amend section 2 of the Private Security Services Act 2004, as amended, by inserting a new section 2(1)(i) into the Act. This new provision would add "persons involved in the execution and/or enforcement of Court orders including Orders for Repossession" to the list of private security services to be licensed by the PSA under the 2004 Act.

The Government Bill that will be introduced has a similar objective and will amend section 2 to include a new category of enforcement guard in the list of private security services licensed by the PSA under the 2004 Act. Detailed consideration is being given to this provision beyond that outlined in Deputy Ó Laoghaire's proposal. It is proposed to give further definition and clarity in the Government Bill. As outlined in the general scheme, an enforcement guard will mean a person who as part of his or her duties, is authorised to remove persons from a premises or place, in order to take possession of the premises or place; controls, supervises or restricts entry to a premises or place in order to take possession of the premises or place; or seizes property or goods in lieu of an outstanding debt. The scope of this definition is being examined in conjunction with the Office of the Attorney General.

While similar in terms of objectives, the detailed legal consideration that is being undertaken by the Department's officials and the Office of the Attorney General seeks to avoid unintended consequences and legal uncertainty. In line with the recommendations of the working group, and as outlined in the published general scheme of the Government Bill, the Government legislation will contain proposed amendments to other legislation in this area. It is proposed to repeal a provision in relation to the display of court messengers' names and places of residence in courthouses, in the interests of the safety of such personnel. It is also proposed 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 PSA's offices. It is also proposed to amend section 3 of the Act to exempt from licensing those engaged in the enforced collection of Revenue liabilities by a sheriff. Where, in exceptional circumstances, there might be a need to engage security personnel, existing protocols have been updated in Revenue to include a requirement that such personnel are licensed by the PSA.

Detailed and considered work on the Government Bill is at an advanced stage. The Bill will deal with these issues more substantively and with greater legal certainty. Further provisions may also be considered as timely additions to this Bill. Officials from the Department are in constant contact with the PSA. They welcome contributions from any quarter, including from the Deputy, to ensure the legislative framework for the PSA is fit for purpose. As I have said, the Government is seized of the importance attaching to this issue. I hope to be in a position to publish the Government Bill shortly, with a view to its enactment as early as possible in 2021.

I share Deputy Ó Laoghaire's genuine concerns that the law in this area should be comprehensive and that those providing security should operate to the highest standards. I am pleased that when the necessary amendments to the primary legislation are in place, it will be an offence to operate as an enforcement guard without a PSA licence. Such individuals will also be subject to the training standards and licensing regime operated by the PSA. It will also be an offence to represent oneself as an enforcement guard by advertisement or to display any object purporting to indicate that the holder is a licensed enforcement guard. For both offences, a person may be liable for a class A fine or imprisonment for up to 12 months, or both, on summary conviction. A conviction on indictment can lead to imprisonment up to five years or the imposition of a fine, or both.

The PSA is an important independent agency under the aegis of the Department of Justice. It is charged with introducing, controlling and managing a comprehensive standards-based licensing system for the private security industry. Private security staff occupy a position of trust, engaging in regular interactions with members of the public. It is therefore essential that this area is properly regulated in order to protect public safety and confidence. The PSA has made significant progress in regulating the private security industry since its establishment in 2005. Confidence in the industry has greatly improved due to the manner in which the PSA carries out its functions, providing clients of private security service providers with assurance that the industry is working to the highest standards possible. I want to place on record my appreciation of the work of the PSA and its staff in this regard.

Last week, the Minister, Deputy McEntee, welcomed the PSA's annual report for 2019. The mission of the PSA is to regulate the activities of those involved in the private security industry to ensure the interests of consumers are fully protected through the establishment, promotion, monitoring and enforcement of appropriate standards. With the introduction of these amendments, the PSA can continue to provide its important role in the private security industry and contribute to the protection of our community.

I trust that the Government's agreement not to oppose the Deputy's Private Members' Bill on the regulation of private security firms at the end of this Second Stage debate is seen in the co-operative spirit that it is intended. The House will note that the Bill deals with a reform that will be addressed by the Government in its private security services (amendment) Bill 2020, which includes additional provisions, and the drafting of which is at an advanced stage. It is hoped to be in a position to publish the Government Bill in the near future. We look forward to debating it in this House in due course. In the meantime, I look forward to hearing contributions from other Members of the House on this reform as an input to the Government's finalisation of its proposals. Once again, I thank Deputy Ó Laoghaire for bringing forward this Bill. The current situation is unacceptable. I assure the Deputy that the Government Bill addressing this matter will be prosecuted with eagerness. As I said, we will not just publish it but we will seek to have this Bill enacted in early 2021.

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