I move amendment No. 44:
In page 23, to delete lines 27 to 48 and in page 24, to delete lines 1 to 42 and substitute the following:
"28.—(1) The Authority shall issue an identity card to each individual who is a licensee.
(2) Each such individual—
(a) shall have the identity card in his or her possession when providing the security service authorised by the licence, and
(b) shall, on request, produce it there and then for inspection by any person for whom the licensee is providing a security service under the licence and permit such a person to inspect it.
(3) A member of the Garda Síochána may require an individual who in the member's opinion is providing a security service to produce there and then for inspection by the member the identity card issued to the individual in connection with the grant of a licence authorising the provision of the service.
(4) An individual who produces an identity card in accordance withsubsection (3) shall permit the person to whom it is produced to inspect it.
(5) Where an individual does not comply withsubsection (3) or (4), the member of the Garda Síochána concerned may require the individual to give his or her name and address.
(6) The powers conferred on a member of the Garda Síochána bysubsections (3) and (5) may also be exercised by an inspector.
(7) (a) An individual shall not—
(i) produce for inspection an identity card issued to another individual, or
(ii) with intent to deceive, make or use a document purporting to be an identity card, alter an identity card or use an altered identity card.
(b) An individual who contravenes paragraph(a) is liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.
(8) A member of the Garda Síochána may arrest without warrant—
(a) an individual who refuses to produce the identity card issued to him or her when required to do so under subsection (3) or does not permit the person to whom an identity card is produced under subsection (3) to inspect it,
(b) an individual who—
(i) does not give his or her name and address when required by a person undersubsection (5) to do so, or
(ii) gives a name or address which that person reasonably believes to be false,
(c) an individual whom the member, with reasonable cause, suspects of having contravened subsection (7)(a).
(9) An individual who—
(a) contravenes subsection (2)(a) or (4), or
(b) does not comply with a request under subsection (2)(b) or a requirement under subsection (3) or (5),
is guilty of an offence and liable on summary conviction to a fine not exceeding €2,000.
(10) It is a defence in proceedings for an offence undersubsection (2) or (3) for the defendant to prove that he or she had a reasonable excuse for not complying with the subsection concerned.”.
Issues relating to the use of identify cards were discussed at some length in the select committee. I propose a number of changes to strengthen existing provisions. For reasons of clarity, I propose a new text to section 28, which incorporates these changes rather than presenting the changes separately. The changes I propose are as follows. First, the existing provisions whereby a person is given ten days to produce an identity card in a Garda station is being dropped. Second, the penalty for using the identity card of another person is being increased to €3,000, or 12 months imprisonment, or both. The same penalty will apply to a new offence of forging or altering a card using such a forged or altered card. Third, the Garda power of arrest will be extended to cases where a garda, with reasonable cause, suspects that a person providing a security card is using an identity card issued to another person or a forged or altered card. These changes respond to the concerns which were raised on Committee Stage.
With regard to Deputy Deasy's proposal in amendment No. 45 that identity cards be worn by licensees, provision has already been made in section 29 for an alternative, that is, the wearing of identity badges by prescribed categories of licensees which will carry the licence number's holder. I recently had some difficulty at a meeting in University College, Dublin, from which I had to fight my way out in the company of members of the Garda. A number of people present at the meeting with personal experience of the security industry were strongly of the view that they should wear some form of identification on them but should not be subjected to having their name and address blazoned across their chests. They believed that this could be used to intimidate them. That is why it is required to wear a card with a licence number and possess an identity card. More information will be contained on the former with a view to safeguarding employees from unlawful threats and intimidation. At the same time, it ensures that a garda who happens on a scene will be in position to see that not only is the person wearing the requisite external authorisation, but also carrying an internal security counter check and that they are the person to whom the authorisation relates.