James O'Connor (Cork East, Fianna Fail) | Oireachtas source

I am delighted to have the opportunity to discuss this legislation, particularly in view of the prominence of many high-profile cases concerning evictions in recent times. The legislation will allow the Government to bring the regulation and licensing of security personnel assisting those enforcing court orders for evictions and repossessions within the remit 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, as I mentioned, in which private security firms have taken part. There is demonstrable danger that may arise following such incidents and the execution of court orders has caused many problems for people working in private security and those involved in these incidents in the first place. It is essential that people providing private security should be able to operate under the highest standards, as set out in legislation, and we have a duty to protect this area as well. There is an enormous grey area that has caused much confusion and anger, with many high-profile incidents over the past number of years. Unfortunately, they have dragged members of An Garda Síochána into disrepute as well, and this must be avoided.

Many of us recall the removal of personnel that were trespassing and illegally occupying a property on North Frederick Street in September 2018 on foot of a High Court order. The persons were removed by a private security firm and 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 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.

The Private Security Authority is responsible for the regulation of the private security industry. The authority is an important and 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 and it is therefore essential that this area is properly regulated in order to protect public safety and confidence.

The main purpose of the Private Security Services (Amendment) Bill 2021 is to include an additional category and a definition of "enforcement guard" in the list of security services covered by the Private Security Services Act 2004. I hope that this amendment will provide clients of private security service providers with assurance that the industry is working to the highest standards possible and that what occurred on North Frederick Street will not recur.

Throughout the recession and following the consequences of the financial crash in Ireland, the subject of this Bill became common in recent years. It has been extremely stressful for so many different families to have to go through such a process and it is horrible that something like this can happen on people's doorstep. With regard to those who are involved with repossessions, we must be very clear that we, as a State, have failed to provide the clarification required in legislation. It is important for us to do that now.

The members of An Garda Síochána have been doing extraordinary work in this country for the past number of years, particularly over the past 12 months. Evictions are always incredibly challenging and, unfortunately, in some circumstances where gardaí are required, it can be incredibly stressful for them too. I hope the work we are doing as an Oireachtas in helping the Minister of State can help to address the questions in the area so comprehensive answers can be found. I hope we will not remain in a position where grey areas leave major resources in the State having to be tied up in courts, especially when we could solve this with legislation.

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