THE Ministry of Home Affairs (MoHA) and the Guyana Association of Private Security Organisations (GAPSO) on Wednesday signed the Commencement Order in respect of the Private Services Act No. 32 of 2009, to regularise the private security sector as it relates to registration, licences, employment of security guards and supervisors. The signing ceremony took place at the Police Officers’ Training Complex, Camp Road and Young Street, Kingston, Georgetown.
Addressing the gathering, Minister of Home Affairs, Clement Rohee said that the signing ceremony marks an important day in the history of Guyana, as the Commencement Order was signed for the private security services Act No. 32 of 2009. The Order came into effect yesterday, following its publication in the official Gazette.
He noted that the Bill which led to the emergence of the Act was passed in the National Assembly on November 9, 2009 and was assented to by the then President, Bharrat Jagdeo on December 2010.
He further stated that the signing of the Commencement Order signals the commitment of the government to regulate a very important industry, which is responsible for employing a significant number of persons therein.
Rohee pointed out that the expansion of Guyana’s economy has resulted in the demand for protection by private business enterprises that value their properties; the gap in the market for this type of demand has been filled by private security agencies that provide services in the areas of armed escorts, guards and personal security.
He added: “It must be remembered that the Guyana Police Force (GPF) is a government entity responsible for serving and protecting the general public and provides specific services to any agency, department or organisation of the government. As such, the emergence of private security agencies is a welcome development, as well as the umbrella organisation GAPSO, under which they function. This is indeed testimony to the industry’s desire to regulate itself as with any other sector, there is need for legal and formal oversight in order to ensure compliance of established standards in the prevention of exploitation, targeting of rogue elements, who wish to tarnish the image of the private security sector in Guyana.”
It is in light of this,that the private security services Act of 2009 has the main purpose of regulation and control of private security services in Guyana, he said.
Rohee added that the private security services Act envisages the appointment of the Commissioner of Police by the Minister of Home Affairs, as the controlling authority.
He explained that under the private security services Act, the agencies have to first and foremost register as a company under the company’s Act No.29 0f 1991.This Act provides that a person or company who desires to continue or carry on the business of a private security service in Guyana, must obtain a licence from the controlling authority.
Nevertheless, he pointed out, any private security service established before the commencement of the Act will be allowed to operate for a period of six months, once application is made for a licence within a 90-day period.
Rohee said that within the 90-day period, 60 days from the receipt of the application, the controlling authority has to decide whether to grant or refuse the licence.
The minister told the gathering that a registration fee of $50,000 has to be paid for the application for the licence to be approved. The licence is valid for one year from the date of issue, and an application for its renewal has to be made to the controlling authority not less than 30 days before the expiry of the existing licence.
He pointed out that a disciplinary code governing the conduct of the guards and supervisors has to be lodged by each security agency with the controlling authority within one month of a licence being granted. Further, he explained that a private security company has to maintain a register containing information in respect of persons employed by the agency, the person or establishment where the agency has provided or is providing security services, and the arms and ammunition in its stock and custody.
Rohee stated that a private security agency is compelled to issue to every security guard within its employ, a photo identification card with distinct identification numbers with uniforms, special badges and caps with distinct logo/ emblem of the private security agency. The controlling authority is also responsible for approving the logo or emblem of the private security agency.
The minster of Home Affairs said that cancelled or suspended licences, inspection of places of business of private security agencies are subject to the provisions of the Firearms Act chapter 16:05. The GPF is empowered to grant a private security agency permission to use firearms and ammunition, or weapons of defence in performance of certain prescribed functions of the private security guards, who are sworn Supernumerary Constables employed by the agencies, as long as an application has been made for same.
Rohee added that from the foregoing it needs to be emphasised that the aim of the government is neither to inhibit the daily operations of private security agencies in Guyana nor exercising unwarranted interference with this vital sector. It is rather to ensure that workers are not exploited, and that unsuspecting clients are protected from deceitful practices.
Accordingly, he noted that any person who carries out the act of a private security agency without being licensed under the Act, is liable on a summary conviction to a fine of $500,000 and in the event of a subsequent offence to imprisonment of not less than two years and not more than five years.
Also making remarks was Major General (Ret’d) Norman McLean, President of GAPSO who said that the Act seeks to regulate the security sector in Guyana. He told the gathering yesterday that there are some aspects that they were not happy with, but will nevertheless support it, and work along with what is in the document.
Mc Lean said that GAPSO has in its employ about 10,000 members, and are spread at locations across the country. He added: “We are here to supplement and help the police because of our numbers to report what is happening. We feel happy that the Act has come into being and on behalf of GAPSO, we are here to work hand in glove with MOHA and the police and perform the duty expected of it.”
He also assured Commissioner of Police, (acting) Leroy Brummel that they will continue to work and assist the police in the execution of their duties.
Also present at the ceremony were MOHA Permanent Secretary, Angela Johnson, representatives of GAPSO and MOHA.
MoHA/GAPSO sign Commencement Order to regularise private security sector
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