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Legislative Measures

Dáil Éireann Debate, Wednesday - 8 March 2023

Wednesday, 8 March 2023

Questions (195)

Ivana Bacik

Question:

195. Deputy Ivana Bacik asked the Minister for Justice when the Private Security Services (Amendment) Act 2021 will be fully commenced; when the insertion of definitions of "court messenger" and "enforcement guard" will be inserted into the Principal Act (S.I. No. 379 of 2021); if she will report on the delay of the commencement of the Act; and whether the lifting of the eviction moratorium has affected the timetable for its commencement. [11964/23]

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Written answers

As the Deputy will be aware, the Private Security Authority (PSA), an independent body under the aegis of my Department, is the statutory body with responsibility for licensing and regulating the private security industry in Ireland.

The Private Security Services (Amendment) Act 2021 brings the regulation and licensing of security personnel, assisting those enforcing court orders for evictions and repossessions, within the remit of the Private Security Authority. The Act was signed into law by the President on 12 July 2021.

The main provision of the Act is the insertion of an additional category and a definition of an "enforcement guard" in the list of security services covered by the Private Security Services Act 2004. This will require enforcement guards to obtain a licence to operate, and ensure that they are subject to the training standards and licensing regime operated by the PSA. The Act also includes a definition of “court messenger” as a person appointed under section 4 of the Enforcement of Court Orders Act 1926. While a "court messenger" is not a licensable activity under the PSA, the definition is contained within the definition of an “enforcement guard” and so will be commenced at the same time as the term “enforcement guard".

The PSA has established a working group to develop the licensing requirements for enforcement guards and launched a public consultation on the requirements for contractors in December 2021.

The timeframe for the licensing of enforcement guard contractors has not changed. It has not been impacted by any other factors and as planned, it will commence on the 31 March 2023.

Work on the development of training requirements for employee licensing is currently underway. A timeframe for the licensing of enforcement guard employees will be announced later this year.

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