Seanad debates

Tuesday, 5 July 2011

Civil Law (Miscellaneous Provisions) Bill 2011: Committee Stage

 

3:00 am

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)

These are technical amendments to section 2(1) of the Private Security Services Act 2004. Amendment No. 4 is a drafting amendment to improve the layout of the section and was advised by the Parliamentary Counsel.

Amendments Nos. 5 and 6 and paragraphs (b) and (c) of amendment No. 7 replace the reference to "for remuneration" with "in the course of a business, trade or profession". This change in several existing definitions is necessary in light of the Private Security Authority's experience of regulating the private security industry. It has shown the use of "for remuneration" has given rise to a loophole which has been exploited in some instances. An example would be where an electrician may install an alarm for free but, instead, charge for the associated electrical wiring so as to get around the existing definition which mentions remuneration. The amendments will counteract such a activity.

Paragraph (d) of amendment No. 7 relates to the definition of "security service", removing suppliers of security equipment from the regulatory framework. The intention of the 2004 Act was not to regulate those selling electronic security equipment, such as alarms, etc., as they do not provide a security service. This amendment corrects that position. It remains open, however, to the Private Security Authority, as part of an investigation into the unlicensed installation of electrical security, to use its existing statutory powers to seek any information relevant to the investigation.

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