Issues Facing the Industry

Some of the crucial issues which need to be resolved by the state and the private security industry include:

The first two points should be addressed through clear policy guidelines, the third through the criminal justice system, while the last should be dealt with through the introduction of effective regulation.

In a parliamentary debate, the Deputy Minister for Safety and Security, Joe Matthews mentioned the need for a white paper on the private security industry. Such a paper would provide the basis for clear policy on the role of private policing, and could establish guidelines for future relations between the police and the private security industry.

Five key issues need to be addressed in respect of any new regulatory model for the private security industry.

The effectiveness of regulations are diminished if these are unclear or seem to be inappropriate. The objective of regulations should be the protection of the public, and not a specific occupation or private security practitioner.

In-house security and certain other categories of the private security industry, such as locksmiths, should be included in regulation.

Over-regulation of the industry could create serious problems, both in terms of practical implementation of the regulations, and the high cost of implementing them. This could render any onerous regulations unworkable. The regulation of certain aspects of the industry should be left to market forces. However, there are key areas of the industry that require comprehensive regulation. The three most important areas are those relating to the issuing and carrying of firearms, the standards and conduct of security guards who deal with the public, and the gathering of information in so far as it may jeopardise people’s rights and civil liberties.

Most operators within the private security industry favour a self-regulatory model. They argue that this is the most cost-effective way of regulating the industry, as it is the industry which is best informed about itself. Moreover, this practice of self-regulation is followed in other occupations, such as by estate agents.

It is questionable, however, whether a body representing the interests of the industry can be independent. The argument that only practitioners within the industry are informed enough to carry out regulations negates the fact that there is a large pool of legal and other expertise outside the industry which is capable of performing such a task.

Many other occupations and practitioners regulate themselves. There is, however, a difference between the private security industry and other occupations. The former performs certain policing functions, and its employees are licenced to carry weapons not only for the purpose of self-protection, but also to protect others and their property.

This is a crucial factor in developing a regulatory framework for the industry. It will influence the type of structure to be set up to enforce regulations. A streamlined regulatory system needs to be developed that is financed jointly by the state and with fees that private security companies are obliged to pay.