Joanna Tuffy (Labour)

I welcome this legislation because, as the Minister and other Senators have said, there is rising public concern about the private security industry and some of the individuals involved in it. Bouncers, private investigators and persons engaged in surveillance have operated in an unregulated fashion, making the industry particularly attractive to criminal elements. It is important this legislation is quickly brought into place. I note the Minister said that the private security industry itself supports this legislation. Many bouncers acknowledge they work in a grey area and are afraid of breaching the boundaries of the law. Hopefully, this legislation will make matters clearer for them. Making the industry more accountable is in their interest.

While I welcome the broad terms of the legislation, a number of modifications are desirable. Some of them may have been raised in the Dáil and, if the Minister did not take them on board, he may look at them again. There should be a requirement that the application for a licence to provide security services be advertised in newspapers with nationwide circulation. The public has an interest in the granting of licences to persons, who on foot of receipt of a licence will have significant powers and control for financial gain. The public must have the right to submit an objection to any application in writing to the authority.

On Committee Stage I intend to table an amendment to section 21(3). It indicates that the authority may "require verification by affidavit or ... require the applicant to supply a certificate by a member of the Garda Síochána not below the rank of superintendent" in an application. The verification of all facts and details contained in an application for a licence is critical. A certificate from a superintendent of the Garda must be a mandatory requirement. The precise contents of the certificate may be a matter for subsequent regulation. However, if the requirements are not mandatory, the vetting procedure is rendered toothless. To ensure this mandatory requirement, the section should be amended by deleting the word "may" and inserting "shall".

Section 21(4) covers the use of limited liability companies in the security industry. Generally speaking, this is a perfectly legitimate operation for security companies. However, when accidents or assaults occur, the victim can have difficulty in establishing which company is culpable. It is also often impossible to identify the name of the rogue bouncer. A company providing security to a venue will frequently be a shelf company making it impossible to ascertain the beneficial owner. In the case of a body corporate applying for a licence under Part 3, an affidavit of verification should be mandatory, compelling the disclosure not just of the directors and company secretary but of the beneficial owners. Directors' names are already readily ascertainable from a company office search. This legislation will only work if it strictly imposes accountability and has a competent system for enforcement of its provisions and identification of the various people involved.

The security industry is a big business that generates much income. In the public perception, it operates in a twilight zone closely allied to criminality. If a sworn declaration must be given to the private security authority at the time of application for a licence, it creates a clear signal that the legislation means business and those who control and profit from the industry can expect to account for any wrongdoing that occurs. I urge the Minister to consider amending section 21 subsections (3) and (4) so that there will be a real prospect of raising standards, not alone by vetting people in the industry, but by vetting those in control and ensuring criminal elements are excluded.

Section 23, on the renewal of licences, does not provide for a time limit. In the absence of regulations, I recommend that licences be renewed annually. A minimum time within which such a renewal can take place can be specified in section 23. I also propose that wheel clampers are incorporated into the provisions of the Bill. As Senator Terry said, this legislation will only be as good as its enforcement mechanisms. It is vital that sufficient resources are given to the authority to carry out its investigating functions under sections 13 to 15, inclusive. Resources to train its personnel to an adequate standard must be provided. The authority must be in a position to retain sufficient numbers of inspectors to police the operation of the legislation. Can the Minister confirm his commitment to ensuring the private security authority is adequately financed to fulfil its functions?