IRISH LEGISLATION

Introduction

In this Assignment I will be talking about how Irish legislation, and how it relates to, and affects the door security personnel. This will include, but not limited to how specific Irish legislations like The Employment and Equality Act, Data Protection Act, Safety, Health & Welfare at work Act 2005, Are a positive, or negative influence on Door Security Personnel, from the in house work environment. To how they can treat, and be treated by other employers, and the public.

Section A

Fire Services Act 1981/2003

The Fire Service Act 1981/2003 was enacted so that any and all occupiers, or owners of any premises, must provide sufficient fire safety procedures, this includes installing, and implementing Fire detection systems & Firefighting equipment Eg. Fire alarms, smoke alarms, fire blankets, and the various fire extinguishers. This also includes preparing Fire exits, and maintaining them. These must lead to ground level, and open air. These procedures, can and will be checked by the emergency fire services.

Safety, Health & Welfare at Work Act 2005

A necessary legislation in the work place is the Safety, health & Welfare at work Act 2005, this is necessary because it enforces Employers to have to follow various strict policies to ensure the wellbeing of their employees. This includes some of the following responsibilities: Employers must provide sufficient and appropriate training, information, and equipment for their employees. Employers must ensure anyone using specific equipment, machinery or vehicles, are appropriately trained and competent to do so.  Employees also have the responsibility of using the provided equipment, training, and information, while at work.

Criminal Justice Act (Public Order) 1994

One of the most essential pieces of legislation for day to day peacekeeping is the Criminal Justice Act (Public Order) 1994 as this Act, give Gardaí the power to enforce public order, and keep the peace in any public space. This includes dealing with those of the public who are intoxicated, and may pose a threat to the public, Anyone who is deem to be trespassing, and dealing with general public disorder from small to big groups of people with malicious intent.

Data Protection Act

The Data Protection Act was originally enacted in the year 1988. This was brought in place to provide protection to everyone’s personal data. Any company that is within the EU, must follow these regulations, most importantly any companies that process people private data. This allows everyone to have more control over their personal information. Given that Ireland is within the EU, we also fall under the effect of the GDPR, which was brought into force all across the EU as of the 25th of May 2018

Non-Fatal Offences against the Person Act

Most offences against a person, are non-fatal. This is why the Non-Fatal Offences against the Person Act, was brought into force, to prevent any person from being threatened or attacked in any way that would harm, or make the someone believe they will be or have been harmed by the attacking person. This can be from verbal threats, non-fatal physical assault, or even assault with a syringe.

Section B

Equal Status Act

The Equal Status Act has a very positive impact on the Private Security Industry, as it provides protection against most kinds of discrimination, and ensures those with disabilities are reasonably accommodated for. This is in regards to work and social welfare benefits which can include payments, and healthcare.

Employment Equality Act

The Employment Equality Act is in place to ensure employers cannot discriminate against anyone from any of the nine grounds of discrimination. This means that anyone from any background are entitled to employment in the Private Security industry, with sufficient skills, experience and training, without having to fear discrimination.

Unfair Dismissal Act

The Unfair Dismissal Act, is in place so anyone who was dismissed from work, can bring forth a claim against your dismissal. If you were unfairly dismissed, you may be entitled to your job back, or reimbursement. This is a very positive legislation for the Private Security Industry, as it provides a means to bring an unfair dismissal against an employer.

Occupiers Liability Act

The Occupiers Liability Act, ensure that any occupier/owner of a premises takes responsibility for health and safety measures being in place on their property. This also ensures that any employee within these premises will have safer working environments. This will help secure the safety of anyone on site, especially for the likes of Private security.

Implications for Non-Compliance with Legislation

Anyone from employers, customers, criminals, employees, and the general public, will all be liable for implications for non-compliance with legislation. Some of these implications can including fines, imprisonment, Loss of Reputation, Loss of current, and future employees, and this can also lead to loss of profit, as it may affect production time. The severity of these implications will be relevant to which legislation you’re not compliant with, and for how long. These ‘Punishments’ are in place to make sure people follow the legislations, as they are in place for every ones safety, and wellbeing.

Conclusion

Irish Legislation in regards to door security is crucial for the private door security sector, as it ensures safe practices, and accountability for relevant parties. Door security personnel, Employers, and the general public benefit greatly from such legislations as the Unfair Dismissals ActHealth Safety & Welfare at Work Act 2005, and the Criminal Justice Act(Public Order) 2004, as they provide a means to enforce safety at work, and public areas. After a quick summary of the above stated pieces of legislation you will have a better understanding of Irish legislation and how it affects, you and the people you work for. Pieces of legislation like the ones listed above, are as crucial the safety of the public, and businesses, as the security personnel themselves, and the Gardaí.

References

  • http://www.irishstatutebook.ie/eli/2005/act/10/enacted/en/print
  • http://www.dublincity.ie/main-menu-services-dublin-fire-rescue-and-emergency-ambulance-service/fire-safety-legislation
  • https://www.iccl.ie/resources/criminal-justice-public-order-act-1994/
  • https://www.citizensinformation.ie/en/government_in_ireland/data_protection/overview_of_general_data_protection_regulation.html
  • https://www.dataprotection.ie/en
  • https://en.wikipedia.org/wiki/Non-Fatal_Offences_Against_the_Person_Act_1997
  • https://www.ihrec.ie/guides-and-tools/human-rights-and-equality-in-the-provision-of-good-and-services/what-does-the-law-say/equal-status-acts/
  • https://www.ihrec.ie/guides-and-tools/human-rights-and-equality-for-employers/what-does-the-law-say/eea-summary/
  • https://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/dismissal/unfair_dismissal.html
  • http://www.irishstatutebook.ie/eli/1995/act/10/enacted/en/html