Frank Fahey (Galway West, Fianna Fail)

The one area where special provisions apply in regard to the detention of persons is the courts in accordance with a judicial direction. That is directly related to a person being found in contempt of court.

Subsection (9) merely confirms that the security officers are no different from any other member of the public or from any other security personnel with whom we all come into contact in our daily lives in commercial premises, ports, airports, private offices and shopping centres, who may decide to exercise the right of arrest of a person whom they, with reasonable cause, suspect to be in the act of committing an arrestable offence. This is in accordance with the provisions of section 4 of the Criminal Law Act 1997, which provides for what used to be termed a "citizen's arrest".

As to the right of redress for any wrongs committed by such security staff, the same position will apply as in the case of any member of the staff of private security firms that are so much part and parcel of our ordinary lives. They will be liable to be sued in the same way for trespass to the person and assault if the alleged wrongs are proved in court and so too will the company which employed them. I dare say that an inventive lawyer will also find a way to include some element of blame attaching to the State body which contracted for the service in the first place. If a member of the public has any complaint about his or her treatment, that can be followed up in the ordinary way.

I wish to confirm the position in regard to the courts and the Houses of the Oireachtas. There will be a Garda presence at all times in the courts in association with the security presence that is being provided. Equally, there will be a Garda presence in the Oireachtas. It is a question of finding a balance as to the Garda presence required in association with the security presence. The point made by Senator Cummins regarding dealing with difficult criminals and so on is not correct. Such security personnel will be accompanied in the normal way by gardaí and prison officers. We are talking about the buildings, not people who go to the courts who will be provided for in the same way.

I assure Senator Leyden that the Army presence will continue here at night as it has up to now. I take the point he made about the individuals concerned in the Oireachtas whom we have all got to know, who are excellent people and do a fine job. However, the reality is that for ten years various efforts have been made to release up to 500 gardaí from duties where it is quite clear they are not required and to deploy them on the beat where they are required. That is the purpose of this section. This is one of the better proposals I have seen in terms of Garda reform in recent years.