Private Security Services Act 2004

Identity cards.

29

29.—(1) The Authority shall issue an identity card to each individual who is a licensee.

(2) Each such individual—

( a) shall have the identity card in his or her possession when providing the security service authorised by the licence, and

( b) shall, on request, produce it there and then for inspection by any person for whom the licensee is providing a security service under the licence and permit such a person to inspect it.

(3) A member of the Garda Síochána may require an individual who in the member’s opinion is providing a security service to produce there and then for inspection by the member the identity card issued to the individual in connection with the grant of a licence authorising the provision of the service.

(4) An individual who produces an identity card in accordance with subsection (3) shall permit the person to whom it is produced to inspect it.

(5) Where an individual does not comply with subsection (3) or (4), the member of the Garda Síochána concerned may require the individual to give his or her name and address.

(6) The powers conferred on a member of the Garda Síochána by subsections (3) and (5) may also be exercised by an inspector.

(7) ( a) In this subsection “identity card” includes an identity card or other form of identification issued by a corresponding authority.

( b) An individual shall not—

(i) produce for inspection an identity card issued to another individual, or

(ii) with intent to deceive, make or use a document purporting to be an identity card, alter an identity card or use an altered identity card.

( c) An individual who contravenes paragraph (b) is liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.

(8) A member of the Garda Síochána may arrest without warrant—

( a) an individual who refuses to produce the identity card issued to him or her when required to do so under subsection (3) or does not permit the person to whom an identity card is produced under subsection (3) to inspect it,

( b) an individual who—

(i) does not give his or her name and address when required by a person under subsection (5) to do so, or

(ii) gives a name or address which that person reasonably believes to be false,

or

( c) an individual whom the member, with reasonable cause, suspects of having contravened subsection (7)(b).

(9) An individual who—

( a) contravenes subsection (2)(a) or (4), or

( b) does not comply with a request under subsection (2)(b) or a requirement under subsection (3) or (5),

is guilty of an offence and liable on summary conviction to a fine not exceeding €2,000.

(10) It is a defence in proceedings for an offence under subsection (2) or (3) for the defendant to prove that he or she had a reasonable excuse for not complying with the subsection concerned.