How regulation is progressing North of the Border. From the November print edition of Professional Security.
The setting up of Scotland’s own security industry regulation need not mean that you must be licensed twice to work both sides of the Border, a leading Scottish private investigator has told Professional Security. John Grant speaks for the Scottish Investigators Forum, and the Association of British Investigators and the Institute of Professional Investigators north of the Border. He says that a law passed in England and Wales can be reciprocal with a Scottish one, but feels that the Home Office and Scottish Executive are finding that difficult to realise. He backs a separate security authority in Edinburgh, arguing that the Holyrood Parliament in its short life has made much faster progress on regulation than the Westminster Parliament ever did. Professional Security reported in May 2000 on the SIP, an umbrella group to respond to Scottish issues; in September 2000 the forum submitted a petition to the Scottish Parliament on regulation of Scottish private investigators. John Grant says that regulated professionals such as private investigators can have their qualifications recognised across the European Union thanks to the European Directive 92/51/EEC. ‘The directive works on the premise that an individual qualified in one member state to exercise a given profession should be treated in principle as qualified to exercise that same profession in another member state, without having to totally requalify from scratch.’ Mr Grant sees one possible exception as door supervisors, who may well be regulated in Scotland by local authorities, rather than at national level. The directive allows movement of all professionals across the EU from a country where they are regulated to one where they are not, without having to requalify. Mr Grant gives the example of private investigators, who are regulated in Belgium but not yet in the UK. He says: ‘Where there are substantial differences between the education and training to which the individual’s qualification attests and that required in the host member state (where the individual wishes to work) the individual may be asked to compensate for these differences. The compensation measure can take the form of a test or an adaptation period (period of supervised practice).’ Mr Grant spoke to a September meeting of SITO at Napier University, Edinburgh, on Scottish regulation.
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Scotland looks like setting up its own security industry regulatory body. A Scottish Executive consultation paper rules out a UK-wide industry regulatory body, even though the paper admits that would bring consistent standards, economies of scale, and less bureaucracy. The paper outlines four options, while proposing a combination of 3) and 4). The four are: 1) self-regulation; 2) extending the remit of Private Security Industry Authority in England and Wales to Scotland; 3) establishing a Scottish Private Security Industry Authority, similar to south of the Border; and 4) a mandatory licensing system under powers of Civic Government (Scotland) Act 1982 requiring companies and individuals to obtain a license from their local authority. Consultation runs to December 14. A Scottish PSIA would have similar costs to England and Wales – about £40 per application, the paper states. However, later in the paper a fee of £70 to £80 is suggested for a Scottish PSIA to break even. Sectors that could require licences are listed as door stewarding, security guarding (including the use of guard dogs, and security in retail outlets), secure transportation (including cash in transit), installing and maintaining security equipment (such as alarms and CCTV), locksmiths, wheel clampers, private investigators and precognition agents – the last do not exist in England and Wales. Or, only door staff could be licenced. Going along the local authority route could work for locally-based firms, but could create difficulties, the paper admits. Minister for Justice Jim Wallace comments in the paper how ‘rapid growth, combined with the lack of any over-arching regulatory provisions, have provided opportunities for a few unscrupulous operators to exploit the potential for profit without proper regard to the quality of service’. Deputy Justice Minister Iain Gray said: ‘There is a clear need for tighter controls across the whole of the private security industry. The security industry has grown enormously in recent years and it is vital we have a common regulation system in Scotland covering every organisation in the sector. Some parts have introduced forms of self-regulation, but that is not enough. What is needed is a consistent approach which applies across Scotland. In drawing up our proposals, we have listened to the concerns of the police, local government, the industry itself, members of the Scottish parliament and members of the public to ensure we get the balance right.’ E-mail comments to [email protected]; for a copy of the consultation paper, ring 0131 244 2594.
