Bríd Smith (Dublin South Central, People Before Profit Alliance)
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485. To ask the Minister for Enterprise, Trade and Employment the reason the regulations issued by the PSA have been altered to remove the previous clause in relation to adherence to EROs; if he will clarify his Departments legal strategy in relation to the current court case and legal action that has blocked the ERO in the security sector; if the State will, and is actively contesting the case by certain security companies; and if he will make a statement on the matter. [17197/23]

Neale Richmond (Dublin Rathdown, Fine Gael)
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Regulations issued by the Private Security Authority (PSA) are not a matter for my Department.  The PSA is an independent body and comes under the aegis of the Department of Justice.

I am advised by the PSA that checks for compliance with the Security ERO are part of its inspection regime. Contractors found to be in breach of the ERO by the PSA face a range of sanctions up to and including the revocation of their licence.

On 3 August 2022, the former Minister of State for Employment Affairs, Business and Retail announced an intention to issue an Order to give effect to a statutory recommendation of the Labour Court concerning minimum rates of remuneration and other terms and conditions in the Security Sector. The Order was to apply from 29 August 2022.

On 24 August 2022, my Department was informed that High Court had granted an injunction prohibiting the commencement of the proposed Statutory Instrument giving effect to the new Employment Regulation Order for the Security Industry.

At this moment in time the Order cannot be proceeded with. The matter is before the courts.

As the new ERO is not currently in force, compliance with its proposed provisions do not form part of the PSA licensing and inspection regime. I have been advised by the PSA that when a new ERO is introduced they will ensure that employers in the security industry comply with its contents.