The
Committee consisted of the following
Members:
Chairman:
Dr.
William McCrea
Blunkett,
Mr. David
(Sheffield, Brightside)
(Lab)
Brown,
Mr. Russell
(Dumfries and Galloway)
(Lab)
Crabb,
Mr. Stephen
(Preseli Pembrokeshire)
(Con)
Donaldson,
Mr. Jeffrey M.
(Lagan Valley)
(DUP)
Engel,
Natascha
(North-East Derbyshire)
(Lab)
Goggins,
Paul
(Minister of State, Northern Ireland
Office)
Kirkbride,
Miss Julie
(Bromsgrove)
(Con)
Luff,
Peter
(Mid-Worcestershire)
(Con)
McCarthy,
Kerry
(Bristol, East)
(Lab)
McGrady,
Mr. Eddie
(South Down)
(SDLP)
Marris,
Rob
(Wolverhampton, South-West)
(Lab)
Moffatt,
Laura
(Crawley)
(Lab)
Reid,
Mr. Alan
(Argyll and Bute)
(LD)
Robertson,
Mr. Laurence
(Tewkesbury)
(Con)
Simpson,
Alan
(Nottingham, South)
(Lab)
Stewart,
Ian
(Eccles) (Lab)
Gosia
McBride, Committee Clerk
attended the Committee
Seventh
Delegated Legislation
Committee
Wednesday 4
November
2009
[Dr.
William McCrea in the
Chair]
Draft
Private Security Industry Act 2001 (Amendment) (Northern Ireland) Order
2009
2.30
pm
The
Minister of State, Northern Ireland Office (Paul Goggins):
I beg to
move,
That
the Committee has considered the draft Private Security Industry Act
2001 (Amendment) (Northern Ireland) Order
2009.
The
Chairman: With this it will be convenient to consider the
draft Private Security Industry Act 2001 (Amendments to Schedule 2)
Order
2009.
Paul
Goggins: I warmly welcome you to the Chair, Dr. McCrea.
The first draft order was laid before the House on 21 May
2009.
The
Committee will be familiar with the work of the Security Industry
Authority in regulating the private security industry in Great Britain.
Extending the regulatory arrangements to Northern Ireland under the SIA
will represent a major step forward, both for the industry and for the
wider community. Our overarching aim is to reduce wrongdoing in the
private security industry by protecting people from crime and
increasing public
confidence.
The
majority of activities regulated by the 2001 Act in relation to England
and Wales and to Scotland will be designated in Northern Ireland from
December 2009. I have agreed to one temporary exceptionthe
designation of in-house door supervisors, who will not be required to
be licensed until April 2010. I made that decision after listening to
the concerns raised by the Northern Ireland Assembly Committee
established to consider this legislation. I agree that individuals in
that position should have more time to be
licensed.
The
draft orders will ensure that Northern Ireland can benefit from
regulation that is consistent and appropriate not only for Northern
Ireland, but for the whole UK. The technical amendments contained in
the draft orders are needed to ensure that the 2001 Act takes account
of Northern Ireland legislation, and operates in Northern Ireland as it
does in the rest of the
UK.
Let
me deal first with the draft Private Security Industry Act 2001
(Amendment) (Northern Ireland) Order 2009. The first amendment relates
to an exemption for those working in certain sports grounds from any
requirement to hold a licence under the Act. The exemption does not
apply in Northern Ireland, as it is defined by the Safety of Sports
Grounds Act 1975 and the Fire Safety and Places of Sport Act 1987,
neither of which extends to Northern Ireland. The amendment will extend
the exemption to Northern Ireland by adding references to the
equivalent Northern Ireland legislationthe Safety of Sports
Grounds (Northern Ireland) Order 2006.
The second
amendment relates to schedule 2 to the 2001 Act, which lists the
various activities covered by the Act, one of which is the work of door
supervisors or other security personnel in licensed premises. The
amendment will add references to licensed premises in Northern Ireland,
ensuring that door supervisors in Northern Ireland will be subject to
the same licensing requirements as apply to door supervisors working in
the rest of the
UK.
The
purpose of the second order is to amend schedule 2 to the 2001 Act to
take account of Northern Ireland legislation by adding a number of new
exceptions to the licensing regime and amending the definitions of
roads, local authorities and licensed premises used in the schedule. In
common with the first order, the effect will be that the licensing
regime under the Act will operate in Northern Ireland as it does in the
rest of the
UK.
In
particular, the order will ensure that the requirement to hold a
licence does not catch certain prison or police-related activities
carried out in Northern Ireland, or certain activities carried out by
those acting for local authorities, a Northern Ireland Department or
the Northern Ireland Court Service. It will also limit the requirement
that certain door supervisors working in licensed premises hold an SIA
licence to cover only those times when alcohol is being sold or
entertainment is taking
place.
Moreover,
the order will ensure that those working as door supervisors in
licensed premises that are used for bingo, theatrical performances or
showing films are not required to hold a door supervisor licence. It
will also make a minor technical amendment to ensure that the
definitions of roads and local authorities in schedule 2 are correct
for Northern
Ireland.
The
private security sector is one that many of us rely on for our personal
safety and for the security of our property, business or possessions.
SIA regulation is tried, tested and robust. Introducing it to Northern
Ireland in a way that is consistent with the rest of the UK can
successfully discourage criminal activity in the industry and provide
further opportunities for local companies in Northern Ireland. The
minor and technical amendments proposed to the 2001 Act in the
statutory instruments before the Committee will ensure appropriate and
proportionate consistency. I commend the measures to the
Committee.
2.35
pm
Mr.
Laurence Robertson (Tewkesbury) (Con): May I welcome you
to the Chair, Dr. McCrea? I am happy for the two orders to be taken
together, having received your prior assurance that if there were to be
votes, they would be taken separately. I do not intend to call a vote.
I do not even intend to discuss the orders at any length, other than to
say that they seem very sensible. I thank the Minister for allowing me
access to his officials to learn about the details of these matters and
to discuss them. I do not see the point in detaining the Committee any
longer.
2.36
pm
Mr.
Alan Reid (Argyll and Bute) (LD): I welcome you to the
Chair, Dr. McCrea. I, too, welcome the orders, which propose some minor
and sensible changes that will allow the security industry to work
effectively in Northern Ireland. I have one or two questions for the
Ministernot about the wording of the order; I am content with
thatabout implementation.
Is the
Minister satisfied that the SIA will be able to cope with the
additional work load that will come its way as a result of the
extension to Northern Ireland? Will there be any additional short-term
funding to help it? The Assembly report recommended slowing down the
process of extending the scheme to Northern Ireland. Do the Government
still intend to press on with implementation in December? Is the
Minister confident that that target date can be
met?
One
of the Assembly Committees major concerns was the high cost of
obtaining a licence for door staff. The cost of the licence will
increase to £245, compared with the £30 charge under the
current local arrangements. The Assembly report said that
we feel that it
is unwise to make decisions on the basis of such disputed information
and that this argues further for a slow down in decision making until a
fuller consideration of these issues has taken
place.
It
went
on:
The
Committee in the time scale available has not been able to make a
judgment on whether the local schemes are comparable in terms of
quality with the SIA delivered
arrangements.
Given
the concerns on coststhat is obviously very important for
businesses in the current economic situationhas the Minister
considered a delay in implementation to allow the Assembly to
investigate the matter fully?
One point
made by the Assembly was that there was not sufficient time to
scrutinise the order because of the different recess times of this
Parliament and the Northern Ireland Assembly. For part of the 60-day
period, the Northern Ireland Assembly was in recess, which raises an
important point. In futureno matter which Government are in
powercould the 60-day period be arranged so that the Assembly
is not in recess? It is important that the Assembly have 60 days to
consider the matter, as opposed to a 60-day period in which this House
is sitting. I hope the Minister can give us assurances on those issues.
However, as far as the orders are concerned, I am content with the
wording.
2.39
pm
Mr.
Eddie McGrady (South Down) (SDLP): Once again, Dr. McCrea,
it is a pleasure to serve under your
chairmanship.
We
are debating fairly transparent legislation. I have already been put to
shame by the contribution of Opposition Members; such brevity makes one
embarrassed to continue at all. However, I wish to make one or two
points, including on some things have already been raised by the hon.
Member for Argyll and
Bute.
There
was dissatisfaction in the Northern Ireland Assembly that its work was
pre-empted, given the imposition of the 60-day consultation period. I
think that it was justified in having ruffled feathers, although you,
Dr. McCrea, and the right hon. Member for Lagan Valley will know more
than me about the extent to which your feathers were ruffled. The
Minister has tried to smooth those ruffled feathers by giving the
lovely context of his hope that, in the fullness of time, the ad hoc
committee dealing with this will acknowledge that local issues would be
treated tenderly and devotedly by the Minister. I am not sure that the
list he gave in his speech forms part of that love in, but this is a
serious
matter because there are many differences in terms of culture and sport
between Northern Ireland and Great
Britain.
Another
point to considerI shall address it only briefly because it has
been touched onis the impact for stakeholders and the financial
implications of what is going to take place. The Northern Ireland
Office has revisited the current fee structure and it is estimated that
the cost of the licence itselfI have a letter to this effect
from the Minister by the waywould be £500 per applicant.
There are then the costs of designated training, which are estimated at
£2,500 per person. If one adds the fee to the training, it is
£3,000 per person. Many of our organisations and societies
simply could not afford thatnot even in good times and
certainly not in the current economic situation. I fear a knock-on that
would deter legitimate bodies and groups from seeking a proper licence
because of the cost. We could get into a black market in which people
provide a cheap service off the record. Even worse, the limited number
of licensees will, because of the closed market, presumably be able to
charge much enhanced fees for their services.
I would like
to hear the clarification for which the hon. Member for Argyll and Bute
asked about the closing date. We have two at the minute: one is
December 2009 and the other is April 2010. People in Northern Ireland
are not clear about the situation. The Minister gave some indication
that bouncers, if I may use that term, would not be required to be
licensed until April. Are there any other provisions, or is the whole
thing extended to April? What has been the uptake to date regarding the
designated training and establishments? Can there be implementation in
Northern Ireland by December? I would be sceptical about that, so will
the Minister address that point?
Finally,
there is a requirement on companies that have multiple
directorsevery company must have at least twofor all
directors of a company providing such security industry services to be
trained and licensed. Normal practice is that one director, or one
senior person, should have responsibility to the company board, or
whatever it is, for implementation or being trained. Are we saying that
all a companys directorsthere could be four or
fivemust be trained in this way at a cost of £3,000
each? While I greatly welcome the general thrust of the proposal, I
would like the Minister to clarify points about administration and
costs.
2.44
pm
Mr.
Jeffrey M. Donaldson (Lagan Valley) (DUP): I am pleased to
have the opportunity to speak briefly in the debate and I welcome you
to the Chair, Dr.
McCrea.
We
have long supported the principle that, when appropriate, legislation
that applies for the regulation of matters such as the security
industry should be uniform across the United Kingdom. We welcome the
fact that these orders bring Northern Ireland into line with the regime
that applies in Great Britain, which means that we will have a uniform
regime across the UK. That will be beneficial for the regulation of the
security
industry.
We
also welcome the fact that those who carry out activities regulated by
the 2001 Act will be required to have a licence from the Security
Industry Authority. The consultation responses on the draft orders
reflect the broad support of the security industry in the
Province.
The Minister
referred to the report prepared by a Committee of the Northern Ireland
Assembly. Clearly he has taken account of at least some aspects of that
report in respect of the orders. I declare an interest as a Member of
the Northern Ireland Assembly. Co-operation with the devolved
legislature is important for the regulation of such activities, coming,
as it does, in advance of the devolution of policing and justice powers
to the Assembly, whenever that might
happen.
Right
hon. and hon. Members will be aware that there have been problems in
the past, although not recently, with paramilitary involvement in the
private security industry in Northern Ireland. Some of the paramilitary
organisations on both sides of the political divide sought to exploit
the non-regulation of the private security industry to launder some of
their ill-gotten gains through apparently legitimate businesses. That
practice has either come to an end or is coming to an end.
The orders
will certainly strengthen the capacity of the police and the SIA to
ensure that paramilitaries are not exploiting loopholes that enable
them to engage in criminal and illegal activities using the cover of
apparently lawful business enterprises. The regulation of the private
security industry is important in that respect. This is not just about
the principle of parity, because the legislation will also help to deal
with a problem that was specific to Northern Ireland, which is
something that we very much
welcome.
I
have just one queryit is really curiosity more than anything
else. Perhaps the answer is obvious but I hope the Minister will guide
the Committee. He mentioned that there will be a requirement for door
supervisors to have an SIA licence in licensed premises in Northern
Ireland, but only in circumstances when alcohol is being sold or
entertainment is taking place. What types of activities will not be
covered by the need for an SIA licence for door supervisors in licensed
premises? How did the Minister reach the conclusion that a distinction
should be drawn between one set of activities and another when it comes
to dealing with the regulation of private industry companies that
provide security in licensed premises in Northern
Ireland?
I
welcome both the orders. I am happy to support them and I look forward
to the Ministers
response.
2.48
pm