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According to the wordings of the Act it is an "Act to regulate and control, the carrying on of the business of Private Security Agencies and to provide for matters connected there with or incidental there to" etc.

Date of Operation is worded as follows: 'Shall come into operation on such date as the Minister may appoint by order published in the Gazette. (the Gazette was published on the 12th of November 1999 by Gazette No. 1105/27').

This act in the trade is to ensure proper standards ethics and ensuring that all security companies adhere to certain norms and guidelines in accordance with the high responsibilities cast on such companies and their personnel in the performance of their responsible tasks entrusted to them in the protection of person and property mainly in the act of prevention and detection of crime. A task which calls for highly trained and well administrated & disciplined staff in relieving the Police & the Armed Services when they are more involved in the task of National Security.

I believe this Act is the first of its kind in South East Asia and even the West. The government must be commended for initiating such a useful Act. The appointment of a Competent Authority and the appointment of officers 'servants' as may be necessary to implement the Act is commendable, whether the Competent Authority has been provided with such qualified staff is in doubt according to available information. Laws can be enacted, but if they are not enforced effectively and if the Competent Authority is not adequately equipped it defeats the whole purpose. It is unfortunate that this Act has failed to include various organisations running their own security staff e.g. Hotels, Banks, Ports, Aviation Industries etc. This precludes them from adhering to various guidelines as spelt out in the Act and its regulations. For e.g. Training systems, standard of recruitment, uniforms (some resemble admirals in the Navy or Air Force officers).

Regulation No. 5 of Gazette notification of 12.11.1999 says 'shall have as its Security Manager either a Commissioned Officer of the Armed Forces, who has retired or resigned or a Police Officer who has retired or resigned one who prior to his retirement held a rank not below the rank of an Assistant Superintendent of Police'. It goes on to say that he should not have retired or resigned due to inefficiency or on medical grounds. But this excludes those who have deserted their posts.

Regulation 10 of Gazette notification of 12.11.1999 requires companies to provide 'Samples' of uniforms to ensure that they do not resemble any uniforms used by the Armed Services or Police. But the Competent Authority by its circular specifies the colour to be brown for all security companies thus defeating the provisions of this regulation. If all companies are to wear brown how can they retain their identity?

Regulations or Private Security Agencies Act requires changes to enhance its enforcement on a very clear and professional manner benefitting the trade and ensuring that the trade significantly contributes its share in providing a disciplined and ethical service devoid of non professionals and the elements attempting to destroy its objectives and the good image it deserves. The Act is not clear about the various offences, and or powers delegating 'Peace Officers' to act as indicated in the other ordinances or Acts powers of arrests or how action can be instituted in courts of law, and other various procedures in implementing the contents of the Act etc.

There have been many instances when terrorist organisations infiltrated into the armed services and the police in the past, and probably even now. Therefore screening of persons requiring to register such companies must be done with care and caution keeping in mind the sensitivity of the trade unlike any other trade. For e.g. the services of the National Intelligence Bureau and the CID will be of immense value.

The Industrial Security Foundation (ISF) which was founded in 1992 and incorporated by Act, No. 51 of 1999 comprising of members with wealth of experience, knowledge and professionalism will certainly be an asset to the Ministry of Internal Security and the Competent Authority for the private security in achieving their desired objectives. Trust the Ministry of Internal Security and the Competent Authority will act swiftly in bringing about professionalism in Industrial Security and in raising a high degree of competency and academic competence along with the ISF. Trust this article will create new thinking and evoke discussions in bringing about useful changes in this Private Security Agencies Act giving an opportunity for the trade to achieve a more responsible position with academic excellence.

F. N. de Alwis (Fellow of the Industrial Security Foundation - Sri Lanka) (FISF) Graduate of the Institute of International Security - UK

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