Cormac Devlin (Dún Laoghaire, Fianna Fail) | Oireachtas source

I welcome the opportunity to examine the Private Security Services (Amendment) Bill 2021. Like Deputy Howlin, I remember the implications in 2004 when the Private Security Services Act was brought in to regulate that industry, because it was seen as unregulated. There were implications then, obviously, for various service operators which were welcome. This amending legislation is also welcome. In time, further amendments may be required.

It is important to note how, in a relatively short period, amending legislation such as this has come before the House. I thank the Minister of State for bringing forward this important legislation which amends and repeals certain provisions of the Private Security Services Act 2004 and the Enforcement of Court Orders Act 1926.

The Bill will bring those who assist in the enforcement of court orders for evictions and repossessions under the regulation of the Private Security Authority. Currently, private security firms engaged in the enforcement of court orders, including the repossession of properties, do not fall under a category for licensing through the Private Security Authority. This omission has clear implications for the oversight and regulation of private security firms that may be involved in repossessions. There have been a number of high-profile and contentious evictions in recent years in which private security firms have taken part. These include the events at both Strokestown and North Frederick Street in 2018. Both events led to violent incidents, unfortunately. There were clashes with gardaí in North Frederick Street, while a number of people were attacked following the eviction which took place in Strokestown. In light of the demonstrable danger which may arise in the execution of court orders for those within a property, and indeed for operatives of private security firms, it is clear there must be accountability and regulation in this area. It is essential that those providing security services should operate to the highest standards.

The Bill's main provision is the insertion of an additional category and a definition of "enforcement guard" in the list of security services covered by the Private Security Services Act 2004. This will require enforcement guards to obtain a licence to operate, as well as ensuring they are subject to the training standards and licensing regime operated by the authority. With the introduction of these amendments, the Private Security Authority can continue to provide its important role in the private security industry, as well as the contribution it makes to the protection of our community.

The Bill also makes several additional amendments including allowing the authority to refuse to renew a licence or suspend or revoke a licence of a body corporate because of the actions of its members. That is an important provision because it was missing all along. It makes the register of licensed persons available for inspection free of charge to members of the public. It introduces a new offence of impersonating an inspector of the authority.

Many of us will recall the removal of persons occupying a private property on North Frederick Street in September 2018 on foot of a High Court order, which found they were unlawfully occupying the property. The persons were removed by a private security firm. Currently, personnel involved in the enforcement of court orders are not subject to regulation on the basis that this activity does not fall within the definition of what constitutes a security service under the Private Security Services Act 2004. In light of the widespread public outrage at the events at the property on North Frederick Street, along with the inherent risks associated with unregulated persons carrying out such functions, the then Minister for Justice and Equality made a commitment to the Dáil in September 2018 that the law would be amended.

The matter was considered by an interdepartmental working group which recommended bringing such personnel within the licensing remit of the PSA. Enhanced regulation of the sector was also called for by the Irish Council for Civil Liberties, ICCL, in 2018. Ultimately, private security staff occupy a position of trust, engaging in regular interactions with members of the public. Those providing security services must, therefore, operate to the highest standards. This Bill will help to ensure that objective is realised and I call on all Deputies to support the measure.

See this speech in context