New regulations introduced for 'eviction' security firms 

New regulations introduced for 'eviction' security firms 

Activists protesting an eviction in Dublin in 2018, which involved private security. Such security contractors and employees are to be subject to new regulations. File Picture: RollingNews.ie

Private security staff carrying out house repossessions and evictions will now be subject to legal standards, Garda vetting, and possible imprisonment for offences.

The new laws include companies based in other jurisdictions, including the North, which have been used in controversial repossessions in recent years.

The Private Security Services (Amendment) Bill passed all stages of the Oireachtas on Monday.

Controversial repossessions

The bill resulted from a Government response to controversies surrounding repossessions — by what were unregulated security firms — on foot of court orders.

These included the repossession of properties on North Frederick St in Dublin City in September 2018, and at Falsk, Co Roscommon, in December 2018. Both cases involved security firms from the North.

The new law brings what are described as “enforcement guards”, private security personnel hired to enforce court orders for evictions and repossessions, within the remit of the Private Security Authority.

Standards for those seeking a licence

PSA head of corporate affairs, Joe Duggan, told the Irish Examiner the PSA will licence both contractors and employees providing enforcement guard services.

“Contractors seeking a licence will have to comply with PSA standards [and] be tax-compliant, and the directors, shareholders, and those in positions of responsibility within the company will be vetted by An Garda Síochána on our behalf,” he said.

"In addition, contractors from outside the jurisdiction, and Irish citizens who have resided outside of Ireland for a period greater than six months, will be required to provide a foreign criminal record certificate.”

Penalties for operating without a licence 

He said it will be an offence for a contractor or employee to provide these services without a licence, subject to a fine not exceeding €4,000 or 12 months’ imprisonment or both. A conviction on indictment can lead to a fine or imprisonment of up to five years: 

It will also be an offence for a person to engage an unlicensed contractor or employee with similar penalties if convicted. 

He said they would not intervene in any dispute: “It is important to note that the role of the PSA is to ensure that the enforcement guards are complying with the requirements of the Private Security Services Acts.

“We will not be intervening or mediating in any incidents that might arise.

“The role of licensing is to ensure that enforcement guards operate professionally and within the law at all times, thereby reducing the possibility of an incident.”

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