Consideration
5.1 The Scottish Executive's previous consultation
paper indicated that Ministers' preference was for a
separate Scottish SIA. However, that view was based on
information which is now substantially out of date. The
results of the consultation and the developments south of
the Border have changed things considerably. The Scottish
Executive, therefore, proposes that the remit of the SIA
should be extended to include Scotland and that the SIA
should be responsible for issuing all licences in Scotland,
including those for door supervisors.
5.2 A standard system of regulation across the whole of
Great Britain would have a number of significant
attractions.
- Consistency across Great Britain in terms of
numbers of licences, licence conditions, training
standards and costs - and duplication and bureaucracy
could be kept to a minimum, addressing one of the clear
messages from the earlier consultation exercise.
- Individuals would require only one licence - no
matter where they worked.
- There should be better and more consistent
enforcement.
5.3 This will require amendments to the Private
Security Act 2001 in Westminster to extend the SIA's remit
to include Scotland and to make consequential amendments to
reflect the separate Scottish legal system and areas of the
industry, such as precognition agents which are unique
here. Home Office Ministers have indicated that they would
welcome extending the SIA's remit to Scotland when a
suitable legislative slot becomes available. The larger
players in the Industry also indicated in the earlier
consultation exercise that they would welcome this approach
which will ensure compatibility of standards and costs
north and south of the Border as well ensuring only one
licence is required where individuals work in both Scotland
and England.
5.4 The SIA comes into being on 1 April 2003 and will
start issuing licences later in the year. It will
incorporate each sector of the industry in turn taking 2 or
3 years to regulate the whole sector. There should be no
difficulty in principle in bringing Scotland on board in
one of the later tranches and the impact of increasing its
business by around 5% to cover Scotland should be
relatively straightforward. While there would be a cost to
the Executive from coming on board, this would be
considerably less than the cost of setting up a completely
separate Scottish Authority.
5.5 Regulation of the private security industry in
Scotland falls within the devolved responsibility of the
Scottish Parliament. Extending to Scotland the remit of the
SIA, as the Executive is now proposing, could only be
undertaken through legislation promoted by the UK
Government. The Executive recognises that it would be
possible to introduce a separate Scottish solution.
However, the overriding requirement to deliver an
affordable, consistent licensing regime points clearly to a
joint approach with the English. This will ensure best
value over the longer term and will ensure that Scottish
industry can compete effectively with competitors in
England.
Conclusion
5.6 This paper has set out the issues in relation to
regulation of the private security industry. These point to
clear advantages to extending the remit of the SIA to
include Scotland when a legislative opportunity arises in
Westminster. This will ensure compatibility of standards
and costs throughout Great Britain which will ensure
legitimate Scottish business can thrive and compete
effectively.
Scottish Executive
March 2003