Dáil Éireann Debate, Tuesday - 27 May 2014
687. Deputy Clare Daly asked the Minister for Justice and Equality if it is lawful for a convicted criminal to be issued with a licence to operate a security business; and her plans to change this situation. [22915/14]
View answerThe Private Security Authority (PSA), established under the Private Security Services Act 2004, is the regulatory body with responsibility for regulating and licensing the private security industry. The Authority is an independent body under the aegis of my Department.
The vetting of applicants by the Authority is an integral part 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 Authority's behalf, by An Garda Síochána. All applicants for individual licences also go through the vetting process.
The Authority has developed fit and proper criteria under which the suitability of all applicants is assessed before a determination on a licence is made. I am informed by the Authority that these criteria include a matrix under which convictions are considered. In addition, when deciding whether to grant a licence to a person with a conviction the following matters are taken into consideration.
- 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 offence
- conduct of person before and after the offence
- evidence of rehabilitation
Although these criteria are used to assist the Authority in making a decision, it is not bound to them and it may decide, where it deems the conviction renders an applicant unsuitable to hold a licence, to refuse an application.
The fit and proper criteria are continually monitored and validated to ensure that these systems operate as effectively as possible.
