Barry Ward (Fine Gael) | Oireachtas source

Yes. I agree it is undesirable that the Bill is to go through in an hour but it is short and has a specific goal.

I have some critical comments. The term in section 2 is "enforcement guard". It does not need to be changed and I have not submitted any amendments but the term "guard" can be used as a colloquial reference to members of An Garda Síochána, and it would be unfortunate if there could ever be confusion about the people conducting this job of enforcement guard as defined in section 2 and members of An Garda Síochána, who should never be directly involved with this type of action where it involves private property and civil disputes between persons.

I welcome the power being given to the authority under section 26 of the main Act via section 4 of this Bill to essentially refuse licences to persons. This is tremendously important. The purpose of having a regulatory body is to allow it take action against those who should not have such licences. The proposed subsection (1)(b)(i)(III) would make it possible for the authority to refuse a licence on the basis that the person "is no longer a fit and proper person to provide a security service". That provision should be first and foremost in this legislation. There are important elements about misrepresentation, etc., but the job of the Private Security Authority should be first and foremost to remove persons not suitable to carry out this work. A person licensed by the PSA, whether as a doorman or in the more complex position of enforcement guard, occupies a privileged position. Such people are entitled to be in positions ordinary citizens would and should not occupy. It is tremendously important that the PSA be empowered to ensure that people who should not be in that position are not in that position and can take action accordingly.

I welcome the provisions of section 5, which will modernise the function of the PSA to allow it make the register available online. In the past year we have seen the value of the Internet and it providing access for people, whether it is to work or information. I also welcome the inclusion of offences provided through section 6, which amends section 48(1) of the main Act. That relates to false representation and it is appropriate that such action of people misrepresenting themselves in this or any other regard relating to the Private Security Authority should be against the law. It must be punishable by law. I have a question about section 8(3), which deals with the power of the Minister to commence the Act by way of regulation. Given its urgency and how quickly it is going through the Houses, I thought it would be appropriate for this to take effect immediately.

These are technical criticisms more than anything else and I welcome the Bill. It is important to put this on a regulated, statutory footing and it makes sense to do so. As I have said, in an ideal world we would not have the need for these provisions but, unfortunately, the reality is we occasionally need such powers. In those circumstances I welcome the Bill.