Private Security Industry Act 2001 (Amendment) (Northern Ireland) Order 2009

My Lords, I beg to move that the draft Private Security Industry Act 2001 (Amendment) (Northern Ireland) Order 2009, which was laid before this House on 21 May 2009, be considered. I shall also speak to the draft Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009, a copy of which was laid before this House on 12 October 2009. I welcome this opportunity to put these proposals before the Committee today. I will deal with the detail of each order in turn but, before doing so, I will provide context for the proposed amendments. The fifth report of the Independent Monitoring Commission stated that there was direct evidence of paramilitary involvement in the private security industry in Northern Ireland, resulting in many firms suffering from extortion. It stated that the current, temporary control regime in Northern Ireland was less stringent than the regime in England, Wales and Scotland and was insufficient in preventing paramilitary infiltration of the industry. The Northern Ireland Affairs Committee identified the potential for exploitation of the industry by paramilitaries and organised criminals. It recommended that the regulation of the private security industry in Northern Ireland be dealt with as a matter of priority. It also identified the need for appropriate training and registration of door supervisors and noted the problems with the form of self-regulation that is encouraged by some, but not all, councils throughout Northern Ireland. These reports led the Government to undertake a thorough review of the private security industry in Northern Ireland. A consultation document entitled Regulating the Private Security Industry in Northern Ireland was circulated to organisations representing the private security industry, political parties, relevant local authority organisations and a wide variety of other organisations that have an interest in or avail themselves of private security services. This document set out the options for regulation and highlighted the Government’s preference to extend the remit of the Security Industry Authority, the regulatory body in England, Wales and Scotland, to Northern Ireland. The Government took into account all comments and views in relation to developing a new scheme of regulation for the industry in Northern Ireland. After carefully considering the options for regulation, the Government believed that, on balance, extending the remit of the SIA was the right way forward. The SIA is the organisation responsible for regulating the private security industry in Great Britain. It is an independent body reporting to the Home Secretary under the terms of the Private Security Industry Act 2001. The aims of the SIA are to regulate the private security industry effectively and to reduce criminality, raise standards and recognise quality service. The SIA has two main duties. One is the compulsory licensing of individuals undertaking designated activities within the private security industry; the other is to manage the voluntary approved contractor scheme, which measures private security suppliers against independently assessed criteria. SIA licensing covers manned guarding—including security guarding, door supervision, close protection, cash and valuables in transit, and public space surveillance using CCTV—key holding and vehicle immobilising. Licensing ensures that private security operatives are fit and proper persons who are suitably trained and qualified to do their job. The approved contractor scheme introduced a set of operational and performance standards for suppliers of private security services. Those organisations that meet these standards are awarded approved contractor status. This accreditation provides purchasers of private security services with independent proof of the contractor’s commitment to quality. Using the SIA to regulate the private security industry in Northern Ireland will ensure that standards are equal throughout the UK and will increase the ability of Northern Ireland companies to operate and compete on a national basis. The SIA has the skills to support the regulatory system and offer the most cost-effective solution. The authority’s multi-agency approach to compliance and enforcement activity sits well with the methods currently used in Northern Ireland and can be successful in tackling the problems of organised crime within the industry. New regulatory arrangements under the SIA will represent a major step forward, for both the industry and the people of Northern Ireland. Extending the remit of the SIA will achieve the regulation that the industry wants and enhance safeguards for those operating legitimately, while targeting those acting outside the law. The overarching aim is to reduce offending in the private security industry by protecting people from crime and giving the public greater confidence in the industry. The aim of the Northern Ireland Office is that the majority of activities that are currently designated under the 2001 Act in relation to England, Wales and Scotland will be designated in Northern Ireland from December 2009 onwards. The effect of the designation will be that these activities can be carried out legally in Northern Ireland only with an SIA licence. One important exception to this will be the work of in-house door supervisors, which will not be designated in Northern Ireland until April 2010, although it is currently a designated activity in the rest of the United Kingdom. As part of the legislative process for the draft Private Security Industry Act 2001 (Amendment) (Northern Ireland) Order 2009, which is made under Section 85 of the Northern Ireland Act 1998, the Minister gave evidence to the ad hoc committee of the Northern Ireland Assembly. Having listened to the committee’s concerns about the effective date for licensing of in-house door supervisors from 1 December 2009, he agreed that individuals in this sector will now be expected to have a licence by April 2010. I turn briefly now to the detail of the provisions contained in the two draft orders. The technical amendments contained in the two 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 United Kingdom. I will deal first with the detail of the draft Private Security Industry Act 2001 (Amendment) (Northern Ireland) Order 2009. As I have previously advised, this order is made under Section 85 of the Northern Ireland Act 1998. An order making amendments thus has to be approved by the affirmative resolution procedure. It is to seek that approval that I have brought this measure before the Committee this afternoon. As required under Section 85(4) of the Northern Ireland Act 1998, the draft order was considered by the Northern Ireland Assembly and its report was published on 29 June. The Government have welcomed proposals from all stakeholders, including the Northern Ireland Assembly, during implementation and have endeavoured to be adaptable while crucially not losing sight of the benefits of a consistent UK-wide approach. The Northern Ireland Assembly did not specifically recommend any modification of the content of the draft order and, as such, none has been made. The first amendment of the draft order relates to an exemption in Section 4 of the 2001 Act for those working in certain sports grounds for any requirement to hold a licence under the Act. The exemption does not currently apply in Northern Ireland, as it is defined by reference to the Safety of Sports Grounds Act 1975 and the Fire Safety and Safety of 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 legislation, the Safety of Sports Grounds (Northern Ireland) Order 2006. The second amendment relates to Schedule 2, which lists the various activities that can be designated under the 2001 Act. One of the activities listed in Schedule 2 is the work of door supervisors or other security personnel in licensed premises. The definition of "licensed premises" in the schedule currently refers only to licensed premises in England, Wales and Scotland. 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 United Kingdom. A copy of the draft Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 was laid before the House on 12 October 2009. The purpose of the instrument is to amend Schedule 2 of the 2001 Act. As I have explained, Schedule 2 lists the activities that may be designated under the 2001 Act. In addition, it sets out a number of exceptions to the licensing regime. The instrument covered by this memorandum will amend Schedule 2 to take account of Northern Ireland legislation by adding a number of new exceptions to the licensing regime and by amending the definition of roads, local authorities and licensed premises used in the schedule. The 2001 Act makes provision for the Secretary of State to amend this schedule. Such amendments have to be approved by the affirmative resolution procedure. It is to seek that approval that I have brought this measure before the Committee today. The effect will be that the licensing regime under the Act will operate in Northern Ireland as it does in the rest of the United Kingdom. In particular, it will ensure that the requirement to hold a licence for manned guarding does not catch certain prison and police-related activities carried out in Northern Ireland; that the requirement to hold a licence for activities involving the immobilisation of vehicles does not capture certain police-related activities or activities carried out by those acting for the Northern Ireland Court Service; and that the requirement to hold a licence for activities involving the restriction and removal of vehicles does not capture certain police-related activities or activities carried out by those acting for local authorities, a Northern Ireland department or the Northern Ireland Court Service. The order will limit the requirement that certain door supervisors working in licensed premises hold an SIA licence to cover times only when alcohol is being sold or entertainment is taking place. It will also ensure that those working as door supervisors in licensed premises that are being used for bingo or theatrical performances or for showing films are not required to hold a door supervisor licence. Finally, it will make a minor technical amendment to ensure that the definition of roads and local authorities in Schedule 2 are correct for Northern Ireland. The private security sector is one on which many of us rely for our personal security and safety and for the security of our business, our property and our possessions. SIA regulation is tried and tested and robust. By introducing it in Northern Ireland in a way that is consistent with the rest of the United Kingdom, the Government believe that it will successfully discourage criminal activity within the industry and provide further opportunities for local companies. The minor and technical amendments proposed to the 2001 Act by these instruments will ensure appropriate and proportionate consistency. I commend the orders to the Committee.