I move: "That the Bill be now read a Second Time."
This Bill marks an important milestone in the development and regulation of the private security industry in the State. It encompasses a broad range of security services, including door supervisors, private investigators, security guards and consultants, as well as suppliers and installers of security equipment. When enacted, it will be the first primary legislation in our jurisdiction to deal comprehensively with this industry. The proposal before us is proof of the Government's commitment to support the industry and its determination to promote and ensure best practice. The Bill represents a balanced and progressive response to the needs of the private security industry and the concerns of the public who increasingly come into contact with it on a daily basis. The key issues we are addressing in the Bill are high standards and quality service.
In recent decades our society has undoubtedly become more security conscious, and for good reasons. As part of this process, the work in which the private security industry is involved has broadened into new areas and occupational activities. As a consequence, the industry now has greater direct contact with the public than in the past. Nowadays we encounter security equipment and security personnel routinely in shops, shopping centres, entertainment venues and leisure facilities and we take it for granted. Many of these security related duties that were previously undertaken by in-house staff are now contracted out to specialised security service providers.
The private security services industry has grown rapidly in recent years and it now encompasses an extensive range of occupations and activities. It represents an important area of economic activity with an estimated turnover of approximately €250 million annually. According to best estimates about 400 companies are currently active in the industry, while overall employment is in the region of 12,000, not including those involved in part-time jobs.
There have also been significant changes in the sector resulting from the development of sophisticated security related technologies in recent years. Modern surveillance systems and monitoring equipment have opened up new and improved possibilities for guarding property and protecting people. This is generally welcomed and supported. In the wrong hands, however, the manner of installation, maintenance and operation of such equipment could lead to abuses.
All of these changes point to the need for standards in which we can have confidence and trust. The aims of the Bill, therefore, are the promotion of consumer confidence and enhancement of the quality of service provided. The Bill will help achieve these aims, put the industry on a sound footing for the future and help root out those who bring the sector into disrepute. The private security industry appreciates and supports our efforts in this regard.
The suggested framework for a statutory regulatory system, which is at the heart of the proposals in the Bill, was, as many Deputies will know, set out in the report of the consultative group on the private security industry which reported at the end of 1997. This was a representative, high level group which brought together representatives of employers and employees in the private security industry, key Departments, the Garda Síochána and other relevant bodies.
It is in the public interest that everyone involved in the private security industry operates to the highest possible standards. Unfortunately, this is not always the case and most of us will have encountered, experienced or received reports of instances of low standards and unacceptable behaviour. To its credit the consultative group did not dodge this issue. Its report acknowledges the problem of low standards which is often related to a lack of training, poor working conditions and a high level of staff turnover.
Furthermore, as the report also acknowledges, the problem of low pay in parts of the industry leads to abuses of the social welfare system and non-compliance with the tax code. The activities of companies of dubious origins with links perhaps to criminal or paramilitary groups have also given rise to concerns. While I am not suggesting these are widespread problems, they exist and it is regrettable that the high standards of reputable companies in the private security services industry can be undermined by less scrupulous operators and criminal elements. The private security services industry must, because of the nature of its work, adhere uniformly to high standards of service, responsibility and accountability.
This is the background against which the group concluded that the scope for voluntary selfregulation had been exhausted. In its place the group recommended the establishment of a statutory body to introduce, control and manage a comprehensive licensing system for the industry and set and maintain appropriate standards. The group considered that this body could be established on a self-funding basis.
The consultative group's report and recommendations recognised a need for consistent, high standards within the industry for adequate selection and training of staff and for overall compliance with legislation in areas such as taxation, social security, company law and health and safety standards in the workplace. The Bill seeks to give effect to the principal recommendations of the consultative group. I take this opportunity to express my thanks to the members of the group for developing the blueprint which underpins the proposals we are discussing today.
I turn now to the detail of the Bill. Essentially, it provides for the setting up of a new body to be called the private security authority in order to control and supervise individuals and firms that provide security services and to maintain and improve standards in the provision of those services. One of the authority's immediate priorities will be to introduce and operate a licensing system and maintain an up-to-date and easily accessible register of all licensees. In the longer term, the overall aim will be to improve the planning, development and delivery of the services concerned.
I will now focus on the Bill's main provisions in order to give Deputies an appreciation of its scope and an understanding of how the proposed system of regulation will work in practice. The scope of the Bill is set out in section 2. It defines what is meant by a security service and also contains definitions of several categories of persons providing security services. These include "door supervisor", "installer of security equipment", "private security employer", "security guard" and "security service". The definition of "person" in this context includes natural persons, partnerships and companies.
Under the commencement provisions contained in section 1, it will be possible to apply the Bill's provisions to sectors of the industry on a gradual basis in order to ensure a balanced workload for the new authority. A number of exemptions are set out in section 3. These include members of the Garda Síochána, the Defence Forces, authorised officers under the Air Navigation and Transport Acts or staff of a Department or State agency while undertaking official duties. Apprentices employed by a person providing a security service are also excluded and additional exemptions may be provided for by means of regulations.
The establishment of the private security authority is at the heart of this Bill. This is provided for in section 6. The authority will be independent in the exercise of its functions. Provision for the establishment, if necessary, of advisory committees and for the appointment of whatever consultants or advisers the authority considers necessary is made in the First Schedule. This Schedule also provides for accountability of the chief executive not only to the Committee of Public Accounts, but also to other Oireachtas committees.
The principal functions of the authority are set out in section 8. In general, it will control and supervise persons providing security services with a view to maintaining and improving standards in the provision of those services. The authority may grant and renew licences to persons within the industry and, where appropriate, suspend or revoke licences. It may also establish standards to be observed in the training of licensees. Identity cards will be issued to licensees and a publicly accessible register of all such licensees will be maintained.
The authority must establish and administer a system of investigation and adjudication of complaints against licensees. It will monitor the provision of private security services generally and advise the Minister on and set appropriate standards to be observed in the provision of security services by licensees. The qualifications required for licences or particular categories of licences will be implemented by means of regulations made by the authority with the consent of the Minister under section 40.
The carrying out of investigations will be an important task of the new authority. Section 12 will give it power to investigate any security services being provided by any person. The authority may request information relevant to an investigation from any person and may also request a person to appear before it with a view to furthering the investigation. If these requirements are not complied with, the authority may apply to the District Court for an order requiring compliance. The court may treat a failure to comply with such an order as a contempt of the court.
Section 13 will enable the authority to appoint members of its staff to be inspectors subject to terms and conditions determined by the authority. Each inspector shall, on appointment, be given a warrant and shall produce the warrant when requested. Inspectors will require certain powers of entry and inspection for the purpose of obtaining information in relation to any matter under investigation by the authority. Section 14 makes provision for this. An inspector may request the production of records, books or accounts or any other documents or information necessary in order to establish whether the relevant provisions of the Act are being complied with. Refusal to comply with any requirement of an inspector will be an offence.
A strategic plan will be essential to provide a coherent framework for the work of the authority and section 9 provides for the preparation and submission of a strategic plan as soon as practicable after its establishment. Plans thereafter will cover three year periods and will set out the key objectives, outputs and related strategies for the authority, including its use of resources.
Sections 10 and 11 provide for the appointment of the chief executive of the authority and for the recruitment and appointment of other staff. It is important that the Minister and the Houses of the Oireachtas should be kept informed about the authority's activities. For this reason, section 15 requires the authority to report to the Minister each year before 30 September and the Minister to lay copies of the report before each House of the Oireachtas.
In the interests of transparency and in order to avoid possible conflicts of interests, section 16 makes provision for a declaration of interests by the chief executive, members of the authority and others in a manner specified by the Minister. It is a standard provision in legislation of this type. In a similar vein, section 17 provides for the disclosure of interests. Non-disclosure constitutes an offence. Section 18 prohibits the chief executive, members of the authority, members of the staff of the authority and others from disclosing information obtained in the course of their duties. A person who discloses such information will be guilty of an offence.
Section 19 is a standard provision in legislation of this nature. It provides that the Minister may make grants out of funds provided by the Exchequer towards the expenditure incurred by the authority in the performance of its functions. However, as I mentioned earlier, it is envisaged that the authority will operate, as far as possible, on a self-funding basis.
Details of the licensing system and how it will work are set out in Part III. The licensing system will cover all persons providing security services, including private security employers and the security services set out in section 2. For the purposes of the Bill, a private security employer is defined as a person who employs staff whose principal function is to provide security services for persons other than the employer. This means that a company, for example, specialising in the provision of security guards or door supervisors must have a licence since the principal function is to provide a security service for persons other than that employer. On the other hand, a retail outlet or licensed premises that employs its own security staff is not a private security employer for the purposes of the Act and does not, therefore, require a company licence.
As defined in section 2, a licence must be held by all individuals providing a security service. This means that all security guards and door supervisors must hold a licence, irrespective of whether they are employed by a private security employer, a person who is not a private security employer or are self-employed. In other words, in-house, contracted and self-employed security staff are covered. This approach is necessary to ensure that high standards prevail across the entire spectrum of private security services.
Section 21 sets out the conditions for obtaining a licence to provide security services. Application forms must be accompanied by references regarding the applicant's character, financial position and competence, as well as the prescribed fee. The authority may require an applicant to furnish such additional information as it considers necessary, including certification by a senior member of the Garda, and may require verification of any information by affidavit. Investigations or examinations may also be undertaken in relation to an applicant's character, financial position and competence. In the case of companies and partnerships, the information required will relate to directors and partners respectively, as well as any manager, secretary or other officer of the entity concerned. Persons occupying any of these positions who are also directly involved in providing a security service will require an individual licence. The authority may refuse to issue a licence in certain circumstances which include cases where the applicant is not a fit and proper person to provide a security service or does not comply with requirements under this legislation.
In the cases of companies and partnerships, the conditions I have outlined apply to directors and partners, respectively, as well as to any manager, secretary or other similar officer of the entity concerned. This is provided for in section 22. The section also provides that a licence does not confer any right of property and that it may not, inter alia, be transferred or mortgaged. Section 23 provides for the renewal of licences and in the circumstances outlined in section 24, the authority may refuse to renew a licence, suspend a licence for a specified period or revoke a licence. Such actions would be taken where false or misleading information had been supplied, where the licensee is no longer a fit and proper person to provide a security service or where provisions under the legislation have been contravened. The detailed procedures to be followed by the authority when it proposes to refuse to grant or renew a licence, suspend a licence for a specified period or revoke a licence are set out in section 25. A licensee may wish to apply for a variation in the kind of security service to which the licence relates and this is allowed for in section 26.
One of the authority's most important functions will be to issue identity cards to licence holders. Each licensee must have the identity card in his or her possession when providing the security service and must, on request, produce it for inspection by a member of the Garda, a designated member of the staff of the authority or any person for whom the licensee is providing a security service. Provisions in this regard are made in section 27.
Section 29 provides that a licensee must surrender the licence and identity card when a licence is suspended or revoked, when it expires or when the licensee ceases to provide a security service. Provision is also made for an inspector to seize and retain the licence and identity card if they are not surrendered. In order to provide ready access to the list of licensees, section 30 requires the authority to establish and maintain a private security register. The register will be kept at the offices of the authority and a copy will be supplied to every Garda station enabling users or intending users of private security services to confirm that a provider is registered for the purposes of the service concerned. The register will be updated and published each year.
In the context of vetting licence applicants or licensees, section 31 provides that the authority may request the Garda Commissioner to provide any information required for the due performance of its functions. The Commissioner shall comply with any such request. Section 32 requires a licensee, on request, to produce the licence for inspection to a member of the Garda, a designated member of staff of the authority or any person for whom the licensee is providing a security service under the licence. Where the licensee is a company, the licence shall be displayed in a conspicuous place in the company's registered office.
In so far as offences are concerned, section 33 requires an applicant or licensee who has been convicted of an offence, or against whom proceedings are pending, to notify the authority of the conviction or the proceedings in the prescribed manner and within the prescribed period. It is central to the purposes of the Bill that the provider of a security service shall not provide such a service without a licence and this is provided for in section 34. A person who contravenes this provision is guilty of an offence punishable on summary conviction to a fine or imprisonment for a term not exceeding 12 months, or both, or on conviction on indictment to a fine or imprisonment for a term not exceeding five years, or both. Section 35 makes it an offence to employ a person who does not hold a licence and the register provided for in section 30 will provide a readily-accessible means of checking whether a licence has been issued in respect of the person and the service concerned.
A proper complaints procedure is important in a legislative measure of this type and just such a procedure is provided for in section 36. A person may make a complaint of misconduct against a licensee provided it is made in good faith and is not frivolous or vexatious. If, following investigation, the complaint is upheld, the authority may take appropriate action with its options ranging from revocation of the licence to the issuing of a caution or advice to the licensee concerned.
In addition to a complaints procedure, an appeals system is also essential. Section 37 provides for the establishment of an independent private security appeal board to hear and determine appeals against decisions of the authority. This means that an applicant or licensee may appeal against any decision of the authority to refuse to grant or renew a licence, to suspend or revoke a licence or to take action on foot of a complaint under section 36. Details of the composition and operations of the appeals board and the procedures for handling appeals are set out in the Second Schedule to the Bill. Section 38 makes provision for an appeal to the High Court on any question of law arising from a determination by the board.
As I have already stated, the Bill makes provision for a number of new offences. Section 39 empowers the authority to bring and prosecute summary proceedings for an offence under the Act and makes provision for certain offences under the Act. It is neither possible or appropriate to make provision for detailed implementation of the licensing system in the Act itself. The private security authority, the membership of which will be broadly representative of relevant interests, will have a crucial role to play regarding decisions about the categories of licences to be issued, the form of licences and identity cards, the qualifications required for particular categories of licence and related issues. Section 40 provides for the making of regulations to deal with these detailed issues.
It is not feasible to bring the entire system into operation on a set date. I envisage a phased introduction of the new requirements in order to avoid bottlenecks and I also want to ensure that there is no unjustified interruption of legitimate business when the new provisions come into force. For this reason, section 41 contains certain transitional provisions to facilitate a smooth entry into force of the licensing system. The First Schedule provides for various procedural matters regarding the authority including the appointment by it of advisory committees, consultants and advisers, the accountability of the chief executive to the Committee of Public Accounts or other Oireachtas committees, as appropriate, the prohibition of improper influence and the determination of fees payable to the authority.
Part 1 of the Second Schedule provides for the establishment of the private security appeal board and related matters including appointment of the chairperson, term of office, procedures of the board, non-disclosure of information, prohibition of improper influence, reports and declarations and disclosure of interests. Part 2 contains details on matters relating to the appeal process including notice of appeal, notice of appeal requirements, documents to be supplied to the appeal board by the authority, submissions by the authority on appeal, submissions by persons who are not a party to the appeal, further information required by the appeal board and the hearing of the appeal.
I stress again that the Bill before us is being introduced with the active involvement and support of the private security services industry. It reflects a clear public interest in the introduction of a form of statutory regulation regarding the industry. I am confident the provisions in the Bill will serve to enhance the standing and image of the industry, provide quality assurance for customers and reassure the public that high standards apply and will be maintained in the industry.
I assure the House that I will listen carefully to the debate which ensues and will be interested in suggestions and constructive criticisms from any source. It is in that spirit that I commend the Bill to the House.
