Seanad debates

Thursday, 1 April 2004

Private Security Services Bill 2001: Report and Final Stages.

 

12:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

The definitions of various kinds of security service in section 2, for example, door supervisor, security guard and the like, are confined to those who provide the service for remuneration. That term was specifically included in the definition in order to exempt from the licensing requirement volunteers who might be helping out with security duties at a local show or festival, or perhaps assisting with crowd control at a sporting fixture or pilgrimage. In the select committee discussions on Committee Stage, concern was expressed that the use of the term could inadvertently open the way towards payment in kind by means of, for example, a television, holiday vouchers etc. I took these genuine concerns on board and brought forward an amendment in the form of a definition of remuneration. The definition includes a benefit-in-kind but excludes a meal or refreshment. It is reasonable to exclude from the definition of remuneration, a meal or refreshment provided in accordance with the security service. Otherwise those who willingly volunteer to provide a service at local events would be prevented from accepting food or refreshments from the organisers of such an event unless they held a licence. I think that would be excessive and mean spirited by any standards. I am not willing, therefore, to accept the amendment.

The issue of whether somebody providing a security service should be permitted to consume alcohol while providing that service is separate. This could, if necessary, be dealt with by the authority in regulations under section 51 concerning standards to be observed by categories of licensees in the provision of security services. I believe it would be appropriate for the authority to do so because, as Senator Terry said, it would be a sad thing if people acted as doormen in exchange for a rake of pints, which would result in the quality of their service deteriorating during the course of an evening. The spirit of what Senator Terry proposes is, effectively, capable of being dealt with under section 51. There is provision in the legislation for achieving the end with which her amendment proposed to deal. It would be appropriate in those circumstances to leave it to the authority to use section 51 to arrive at the same result.

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