Hot air about a draft?

At a recent BSIA annual gathering, HO Minister Charles Clarke warned the security industry not to be ‘unduly optimistic’ about the prospects of the bill to regulate the private security industry being included in the Queen’s Speech in November. Throughout the Summer, the industry has eagerly anticipated publication of a draft regulation bill.

In line with recent governmental practice, the draft bill would have been circulated with a three month consultation period leaving time for comments to be returned analysed, and prepared by Ministers for possible inclusion in the Queen’s Speech.

That scenario is now less likely. The BSIA was asked to edit a section of the bill dealing with definitions of various types of employees in the security sector in June. While the Home Office indicated the draft bill might be published in July, Bob Wright, a civil servant coordinating the draft regulation bill, told SMT: “The timing is now such that if the bill were to be introduced it would be very difficult to get a consultation period in.”

Speaking at the BSIA AGM at the end of July, Clarke indicated further disappointment saying the Government’s legislative programme is tight. Industry pundits have also speculated about the possibility of the country going to the polls next year and new manifestos to consider. All of which would seem to indicate that regulation of the security industry is likely to be postponed for at least another year.

News of the possible delay came as a blow to industry leaders who have campaigned resolutely for regulation for more than a decade. While remaining optimistic of the Government’s commitment to licensing and regulation, the security sector is now at a watershed with many issues still to be resolved before it can be developed further. BSIA chief executive, David Fletcher, told SMT: “A lot hinges on regulation for our industry. There are certain areas in which we cannot progress until we are properly regulated, such as the development of the security officer role. It will take some years to set up the appropriate infrastructure for regulation and the delay that we are currently experiencing means that this process will be slowed down further, which is frustrating given we are so close to our goal.”

David Holt, chief executive of NACOSS, reiterated the need for speed. “We would welcome some help on screening issues. We are continually refining our approach to self regulation in the hope that it will converge with Government policy in due course.”

Asked for a reaction if the bill fails to be introduced in the Queen’s Speech, Holt said it would depend on what the reason is. “If it is a short Queen’s Speech because there’s going to be an election, that would be disappointing. If it’s left out because the Government’s got a full programme, then we’ve got to do more lobbying to get regulation underway.”

However, Mike Welply of JSIC, which has been prominent in its lobbying of the Government, said: “JSIC takes the long view in that a number of things have been achieved. The White Paper has peen published. The Government’s fight against crime is tied very closely with both police service and private security industry and is currently being worked on by the Parliamentary Counsel who are drafting the bill. But, in the final analysis, if the Queen’s Speech does not contain a passage containing the licensing and regulation of the industry, then the industry should not be dismayed or downhearted, but should use the time to improve the draft bill.”

But others have yet to be convinced. Neil Dobbs, managing director of Securitas, said: “It would be very disappointing if it wasn’t in the Queen’s Speech. We are now in the fourth year of Tony Blair’s administration and it is not unreasonable as an industry to expect regulation to be introduced. It can’t come soon enough in our opinion. We support regulation and would even like tougher measures to be introduced.”

According to Fletcher, the situation is slightly ironic in that the security industry has been so effective in regulating itself. “There have not been many scare stories of late, which is a credit to our industry, but it also means we are not currently at the top of the government’s legislative priorities.”

There is still some hope, however. Wright told SMT that publishing the bill in draft for an extra consultative stage would be something of a novelty anyway: “Most bills aren’t published in draft. Charles Clarke did not intend the industry to take a pessimistic view of the issue, but he has always maintained that he cannot guarantee - and no one can - that regulation will be included in this year’s Queen’s Speech.”