Paul Gavan (Sinn Fein) | Oireachtas source

I commend the speech on the Bill by Senator Martin in particular. I welcome the Bill on behalf of Sinn Féin. I commend my colleagues, Deputies Ó Laoghaire and Martin Kenny, on first raising in the Dáil in 2019 the issues attached to the Bill. Both Deputies moved a similar Bill that alerted the Government to a loophole in legislation governing the legal administration of privately-owned security firms. In the course of the debate in the Dáil it was well received by Members who spoke of all parties. It was this loophole that some private security companies were taking advantage of to use force and aggression in the execution of repossession notices or, to be more accurate, when evicting people from their homes.

All Members joined with the public in expressing shock and anger when we saw the scenes on our televisions of the forced and violent evictions of tenants from their homes in Dublin's North Frederick Street, and in Strokestown in County Roscommon. This prompted Deputies Ó Laoghaire and Martin Kenny to scrutinise the law governing the work practices of private security firms. I agree with Deputy Ó Laoghaire when he said then that the scenes were reminiscent of what happened during the famine and the land war, and that everything connected to those events is seared into our collective memory. It offends us emotionally to think of people being forced out of their homes because they cannot afford the rent or mortgage payments, for whatever reason.

We need to remind ourselves of the context for the Bill before the Seanad today. The loophole that was identified meant that there was no regulation governing the activities of the personnel who enforced court orders, including evictions. It was hard to believe that there was a legal vacuum that left homeowners and tenants vulnerable to the sharp end of banks and lending houses who appeared unconcerned about the consequences of bringing in heavies to enforce a court order. These individuals are not subject to oversight and there was no opportunity for the people who were being evicted to complain. This meant that the banks and financial institutions employing the evictors could act as they chose, without consequences, because there was no vetting system within the legal governing body, the Private Security Authority. This was a completely unacceptable situation.

Generally, the Bill and the debate also need to take into consideration the precarious situation in which many thousands of people have been placed by the Covid pandemic. No-one should be facing or experiencing eviction or homelessness at any time, but especially arising from the consequences of this pandemic. Legislation is required to regularise the working practices of security firms, especially in circumstances where they are acting as bailiffs. The system must ensure accountability, registration, credentials, proper management structures, and proper training for security personnel to respect the dignity of those on the receiving end of the court order.

Evictions are not the only circumstances where security personnel are used. It can also be in the context of vehicles and business premises, for example. No-one is above the law. At all times An Garda Síochána must be the legal authority and protect those who face aggressive and threatening behaviour from security firms.