Irish PI's "Stirred - but not Shaken"

Data Protection

The most publicised and criticised Directive is the Data Protection Directive. Yhis has obligated the EU member countries to create laws with heavy criminal sanctions for those who breach the law and fail to control and secure sensitive personal data about living persons.

Whereas, for years and years, EU PI's have been able to access data in their efforts to locate people for completely lawful purposes, and to use pretext as a tool in these endeavours, the Data Protection Laws have created criminal offences for many of those previously acceptable practices.

The Hunter becomes the Criminal. The Hunted becomes the Victim.

Licensing

Whilst many EU Countries have regulated Private Investigators, the UK and Ireland have failed up to now, in getting laws through their Parliaments to regulate the Security Industry. Many attempts have been made in the UK by Private Member's Bills to bring in laws to licence, control and perhaps more importantly to recognise the PI as a Professional - providing vital professional services alongside the Legal, Accountancy and the other Professions.

Thus in 2001 The Irish Government introduced to the Population a Draft Bill "The Private Security Services Bill". If this had been accepted by the Dail (Irish Parliament), it would have succeeded in bringing into the Republic of Ireland the most draconian piece of legislation seen for many a long year!!

The Bill proposed, amongst other things, to require all security related Businesses and PI's who operate in the Republic of Ireland to be licensed, and to carry an officially issued ID card. No company ID card, or even a business card, would be allowed to use the words Private Investigator !!!

The Law would have created an official body "The Private Security Authority" whose responsibilities included the setting of standards or criteria for Applicants to meet, the issue of licenses, enforcement and prosecution of offenders.

This new Body would ensure that any person or Company who provided a security service in Ireland. or who advertised or otherwise promoted that they provide such services had to be vetted and licensed. It would have become a criminal offence to employ an unlicensed PI or Security Service organisation.

The proposed law demanded that any person providing a security service must apply for a license. One of the problems was the extremely wide definitions used in the Bill.

For example, the definition of Security Service covered even corner shops who sold locks or simple security items. Also the definition of a Private Investigator was so wide that it encompassed most Lawyers.

One other amazing aspect of the proposed law was that if a PI in the North of Ireland wished to cross the border to follow a suspect, then just 40 miles south of Belfast he becomes a Criminal. He would need a license to operate. A residential requirement was another possible issue!

ID cards

Then the Irish law makers got themselves really confused over the difference between Licenses and ID Cards.

The Bill required that the Employer / Company applies for the Licence - and ID Cards are issued to the Employees. However, section 27 of the Bill required the Authority to issue an ID Card to each individual "who is a licensee".

The penalties proposed for offences are extremely severe. Greater fines and jail-time than for many serious criminal offences!

And woe betide the unfortunate PI who places the offending words of "Private Investigator" on a Business Card!!

As you can imagine, most Professional PI's in the Irish Republic were certainly "Stirred". They were stirred into making representations to the Government and MP's. - But, in true Irish style, along came a General Election, and everything was put on the back-burner.

Private Security Industry Act

Meanwhile, across the Irish Sea, in England & Wales, Parliament introduced the Private Security Industry Act. It is presently being implemented by the newly created Security Industry Authority (SIA). Everything is running fairly smoothly, with the entire security industry in England & Wales being regulated as from this year on a sector by sector basis. The PI Sector, is last on the list, and we all anticipate being Licensed PI's in about 2005/2006.

The separate UK Jurisdictions of Scotland and Northern Ireland have yet to determine how they will regulate. Hhowever, Scotland appears ready to come under the umbrella of the SIA, and if and when there is a new Parliament in Belfast, we all expect them to follow suit as well.

The wider picture for Europe, has also, through the various Professional Associations started to make inroads in lobbying the EU Parliament for a EU PI License, or at least the reciprocal recognition of all PI Licenses issued in any part of the EU.

Belgium issue

One EU country, Belgium, brought in a strict law upon which Ireland appears to have based their initial Draft Bill.

But, this law was challenged in the European Court, and Belgium was found in Breach of European Conventions. They lost the case, and will have to start over with a less rigorous law to regulate their Security Industry. This has undoubtedly "Shaken" the powers that be in Dublin, and they too, will now have to think again about how they will regulate the Irish Security Industry and PI's without breaching the EU Conventions and Human Rights Laws affecting the freedom to trade and travel freely - anywhere in the EU Community.

The Regional Meeting in Photos
The WAPI Regional Meeting October 2009 Listen! Listen to John Edwards interview by clicking on play above.

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WAPI's Governing Council have become Bloggers! It's important to understand that the blog features articles written by members of the Governing Council BUT the blog reflects their own personal opinio...

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