Irish Legislation and how it relates to the Role of Door Personnel
Day after another Door Security personal taking a big role impacting our daily life so ensuring that the service is up to the International Standard the Irish security authority keep improving and updating the Irish standard complying with the European Union Standard and above that by including various legislations in it. In this brief investigation we will be discussing some of these legislations and their effect on the role of door security personal.
The misuse of Drug Act.:
The Act defines the penalties for unlawful production, possession and supply of Drugs. The two main drug offences are offences of drug possession and possession for the purpose of supply.Background: The main legislations under which criminal charges for drugs offences is introduced by the Misuse of Drugs Acts 1977 and 1984, Then have been amended by criminal justice Acts 1999, 2006 and 2007. The misuse of Drug Regulations 1988(SI328 of 1988) lists the various substances to which the legislation applies amended by the criminal justice act 2010 covers the substances which are not proscribed under the misuse of Drug act (citizensinformation.ie, 2016).
Intoxicating Liquor Acts & Amendments:
Is the relevant Irish legislation relating to the serving alcohol in licensed premises, the buying of alcoholic drinks in off-licenses and drinking alcohol in public places. Background: The main legislations are the Intoxicating Liquor Acts 2000, 2003 and 2008, the Licensing Act 1872 and the criminal justice (Public Order) Act 1994 (citizensinformation.ie, 2018).
Fire Service Act 1981:
Is the Commanding Officer at the scene of an emergency is empowered to do or command his/her fire-fighters or other personnel to do whatever is necessary or appropriate to put out the fire or protect or rescue persons involved. Background: amended by part three of the Licensing of Indoor Events Act 2003, beside Building Control Act 1990 & 2007 and Health & Safety at Work Act 2005 are representing the primary legislation in Ireland regarding fire safety in buildings (Associaties, 2019).
Safety, Health and Welfare at work act 2005:
Is the act that sets out the comprehensive framework of the Rights and the duties between the employers and the employees at the workplace in Ireland by obliging the employers to provide anything reasonably practicable to ensure the safety, welfare and health of his employee at the workplace. Background: S.I. No. 299/2007 Regulations covers all the Issues raised form the 2005 Act also theS.I. No. 291 of 2013 amended by S.I. No. 36/2016 and the latest one is S.I. No. 133 of 2018.
The Occupiers’ Liability Act:
Is the duty imposed on the Occupier/Landowner which was defined by the terms of the contract to ensure that the premises were safe for the contemplated purpose of use, it rules recovery for injury/damage suffered by an entrant as a result of the dangerous state of an occupiers’ premises, Backgroundcame into force in 1995 after publish it in 1994 when start build it in 1993.
Criminal Justice (Public Order) Act 1994:
Any action or behavior from a person in any public place might endanger himself or any other person in his vicinity while intoxicated or in drug misuse and so on that gives more security opportunities to the door security personal to implement their role by force the suspect to leave the premise.
The Equal Status Act 2004:
Promoting equality by forbidding discrimination in employment, vocational training, advertising, collective agreements and the provision of goods and services is the sole of the 2000 to 2004 Acts. Also is the sole of the Door Security Personal role by implementing the Equality and preventing discrimination under the certain nine grounds of discriminations.
Public Health (Tobacco) (Amendment) Act 2004 Smoking Ban Regulation:
The 2002 Act and amendment in section 47 of 2004 Act forbid Smoking in most the enclosed workplaces including licensed premises and registered clubs in order to protect third parties such as visitors, workers and so on from the smoking side effects that adds more loads on the security personal in terms of the Ban implementation and the risk of the fire also.
Data Protection Act:
It define the way in which information about the people can be legally used and handled to protect the groups and the individuals against misuse or abuse of information about them without taken their permission, came to the force on the 25th May 2018 under the data protection Acts 1988 and 2003.That put responsibility on the Door Security Personal with the person’s information lawfully.
Rights and Responsibilities of the Employee, the Employers, the Clients and Patrons:
The Safety Health and Welfare Act 2005 Under Section 8 put the duty on the employer to ensure employees’ safety, health and welfare at work as far as is reasonably practicable. In order to prevent workplace injuries and sickness also under the same section at Act 2005 framework the general duties of the employers by manage and conduct work activities, design, provide and maintain a safe place preventing risk to employee and must also conduct their undertaking so that individuals at their place of work who are not their employees are not exposed to risks to their safety, health and welfare. As clients whether is Organizations or individuals force them retaining to carry out agreed services responsible for paying the company in accordance with an agreed contract terms and conditions. (Byrne, August 2007)
Implication for Non-Compliance with Legislation:
Failing to not compliance with legislation can result in serious consequences at illegal status, which may leave you vulnerable to lawsuits, government agencies may conduct audits, enact fines, implementing free community services, Denying Entry suspending the service or even dissolve you whether employer, employee, client or patron.
The including a various types of legislations within the role of the door security personal has given a unique shape to the security industry in the Republic of Ireland , that unique shape took the security industry a way far from the need of the security as a protection and prevention only towards respecting human right in the security of person even the suspect or the criminal himself by limitation the prerogatives of the security man. but regardless with all the respect to what the security industry in in the Republic of Ireland has reached so far still the current legislations not responding enough to the ongoing security challenges as it is going rapidly fast due to the international security circumstances after the 9th/11 in 2000 and some other economic reasons so that in this case I believe the body of Irish security authority should take the responsibility towards the proactivity than being reactive and waiting for the legislations to improve the Irish security industry.
- Associaties, D. F. &., 2019. dmflaherty.ie/fire-engineering. [Online]
Available at: http://dmflaherty.ie/fire-engineering/relevant-legislation/
[Accessed 14 Jan 2019].
- Byrne, j., August 2007. Security Skills Manual. 6th ed. Dublin: Security Institute of Ireland.
- citizensinformation.ie, 2016. http://www.citizensinformation.ie. [Online]
Available at: http://www.citizensinformation.ie/en/justice/criminal_law/criminal_offences/drug_offences.html
[Accessed 13 Jan 2019].
- citizensinformation.ie, 2018. http://www.citizensinformation.ie. [Online]
Available at: http://www.citizensinformation.ie/en/justice/criminal_law/criminal_offences/alcohol_and_the_law.html
[Accessed 13 jan 2019].