Written answers

Thursday, 19 December 2013

Department of Justice and Equality

Private Security Authority Remit

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Independent)
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255. To ask the Minister for Justice and Equality if he will respond to the following (details supplied); and if he will make a statement on the matter. [54877/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Private Security Authority (PSA), established under the Private Security Services Act 2004, as amended, is the regulatory body with responsibility for regulating and licensing the private security industry in the State. The Authority is an independent agency under the remit of my Department and my Department has no role in the exercise of those functions.

The vetting of applicants is one element of the licensing process. In the case of contractor licensing, all directors of a company, the partners in a partnership, all sole traders and any shareholder in a company with a shareholding of 5% or more are vetted, on the PSA's behalf, by An Garda Síochána. All applicants for individual licences are also subject to the vetting process.

The PSA has also published Fit and Proper guidelines which the PSA considers when deciding whether to grant a licence to a person with a relevant conviction.

When deciding on an application lodged by a person with a conviction the PSA takes the following into account:

- nature and seriousness of the offence(s) involved

- the length of time since completion of sentence

- overall interests of the public good

- relationship of the crime to the purpose of requiring a licence

- age of person before and after the offence

- conduct of person before and after the offence

- evidence of rehabilitation

The PSA, while using the guidelines to assist them in making a decision, is not bound by these guidelines and has the discretion to decide, where it deems the conviction(s) renders an applicant unsuitable to hold a licence, to refuse an application.

The PSA continually monitors and reviews vetting cases against the fit and proper guidelines to ensure that the guidelines remain relevant and fit for purpose.

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