Seán Fleming (Laois, Fianna Fail)
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142. To ask the Minister for Justice and Equality the position regarding applications that are under appeal with the private security authority in respect of a private security licence; if the applicant can operate until the appeals process is completed; and if she will make a statement on the matter. [13573/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Private Security Authority, 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 licenses both contractors and individual service providers. As the Deputy will be aware it is an independent body.

The 2004 Act sets out the relevant provisions in respect of the Authority's decisions. In general terms, in circumstances where a decision of the Authority is to refuse to renew a licence and that decision is appealed then the Authority's decision stands suspended pending the outcome of the appeal proceedings. Provided the licensee holds a valid licence at the time of the appeal he/she may continue to operate according to that licence. There are certain circumstances provided for where if the decision of the Authority is made on grounds that the safety or welfare of any persons may be at risk from the continuance in force of the licence then the licensee cannot continue to operate even after the lodging of an appeal. Where a new applicant appeals the refusal of a licence, the applicant cannot provide a security service during the appeal process as he/she does not hold a valid licence to provide such a service.