Tim O'Malley (Limerick East, Progressive Democrats)

The positions are static security posts in State buildings. Every such post requires five persons to meet the commitment. We are speaking of specific locations, namely, the Courts Service, a Department of State, the Office of the Attorney General, the Houses of the Oireachtas Commission, the National Gallery of Ireland and the board of the National Museum of Ireland. The Minister is specific in the section that "the person is a suitable person to exercise the powers of a security officer under this section in relation to specified premises [and]... the person has received adequate training for that purpose".

Section 114 provides a statutory basis for State bodies to provide their own security. The Minister may designate the bodies listed as authorised bodies for the purposes of the section. Authorised bodies may specify their operational premises and designate named individuals to be security officers for the purpose of that body's property. Security officers in carrying out their duties may exercise any of the powers set out in subsection (4) or subsection (5), but must be identifiable by means of a badge or uniform, and the powers are exercised in accordance with any general or special instruction of the person who designated them. Subsection (4) provides for the powers of security officers. Subsection (5) provides for the additional powers of security officers of the Courts Service when acting on the oral direction of a judge. Subsection (6) provides that unless the court has ordered that a person taken into custody under subsection (5)(b) be committed to prison or be released, the person shall be brought by the security officer concerned, if still in his or her custody, or a member of the Garda Síochána, if already delivered into the custody of gardaí, to the court for it to deal with the matter.

A security officer may use reasonable force in carrying out his or her duties under subsections (5) and (6). Subsection (8) provides that powers conferred under this section do not authorise a security officer to require a person to remove clothing other than outer garments or to read any document that would be exempt from production in any court proceedings on the ground of legal professional privilege. Subsection (9) provides that this section does not affect any power of arrest conferred by law, including the power conferred under section 4 of the Criminal Law Act 1997.