Thursday, 6 December 2018

Ceisteanna (129)

Paul Murphy


129. Deputy Paul Murphy asked the Minister for Justice and Equality the process for companies to continue to be issued licences from the Private Security Authority; the conditions under which licences will be refused; if taxation irregularities would be a grounds to refuse a licence in view of a recent incident (details supplied); and if he will make a statement on the matter. [51303/18]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

The Private Security Authority (PSA), established under the Private Security Services Act 2004 (as amended), is the statutory body with responsibility for the licensing and regulation of the security industry in the State. The Authority is an independent body under the aegis of my Department and I have no involvement in its day-to-day operations.

I am informed by the Authority that licences for companies/contractors are issued for a period of two years. They can be renewed on submission of an online renewal application and payment of the prescribed fee. The criteria for the grant, renewal or refusal of licenses is set out in the Act. Licenses may be refused or not renewed where companies/contractors:

(a) do not meet the PSA “fit and proper” guidelines to provide a security service, which are available on the PSA website;

(b) do not comply with the requirements of the Act or regulations made under the Act;

(c) do not pay the required fee.

In addition, all sole traders, partners, company directors, shareholders and secretaries are vetted by An Garda Síochána and the results assessed against the “fit and proper” guidelines.

In order to submit a renewal application, companies/contractors must provide evidence that they hold a current tax clearance certificate. If the company/contractor does not hold a current tax clearance certificate, their application will be refused in accordance with the Private Security Services Act 2004, as amended, as the applicant's tax affairs are not in compliance with the provisions of the Finance Act 2002, which govern the issue of tax clearance by the Revenue Commissioners. If there is any evidence of non-compliance with taxation these matters should be brought to the attention of the Revenue Commissioners. I am further informed that as part of the Authority's ongoing monitoring of licenses, the tax clearance status of contractors is checked during the term of the two year licences. Where a contractor is found not to be tax complaint, the Authority may suspend or revoke a license.