Government regulations that require much stricter oversight for the security services industry were approved by Cayman Islands Cabinet members in March.
The regulations are attached to the Private Security Services Law (2007), which was passed by the Legislative Assembly last year. The law is due to come into effect on 1 September.
The provisions seek to clearly separate security service firms and the people they employ from members of the Royal Cayman Islands Police Service.
‘The holder of a security business licence shall not…use the word ‘police’ or other words that carry a suggestion that the business is a branch or activity of…the RCIPS,’ according to the regulations.
Ensuring that confusion does not occur, the regulations require the police commissioner to approve the uniforms used by all businesses which provide security guards to other companies, organisations, or individuals. Emblems used on security vehicles would also have to be approved by the commissioner.
In addition to any work permit requirements for security company employees, security businesses and their workers will both be required to obtain licences that allow them to legally operate. Those licences must be updated on a yearly basis.
New security business licences will cost $750, and licence renewals will cost $300. Security guard licences cost $100 for new issues and $50 for renewals.
Companies are also required to keep records on each security guard they employ, which include: the date of hire, the employee’s salary; work permit information; security guard licence information; and an updated daily record of which site the individual is working.
The police commissioner must be notified if any security guard is dismissed from the company, the reasons for that firing and whether the employee has committed any crimes.
The additional regulations are required in part because the new law will allow companies to employ armed guards. The Cayman Islands Chief Secretary would have to approve any weapons before they are imported and used for security purposes.
Attorney General Samuel Bulgin has previously said that the new law does not automatically allow all security guards to carry guns. He said all firearms licences must be vetted and approved through the police commissioner’s office.
Mr. Bulgin said last year that he was unaware of any private security companies which employed armed guards in Cayman.
Some members of the security industry on island have expressed concern over whether regulations for security companies would be actively enforced.
‘If not enforced properly, this legislation would only add to the existing (slanted) playing field in the security market,’ said Security Centre CEO Stuart Bostock. ‘Some companies/officers will take the steps to be licensed yet others will fail or be refused, but will be allowed to continue to operate.’
‘It is no secret that the Cayman Islands suffer from failures in our labour, immigration, health, pension, and trade and business laws; so I wonder how the security bill and regulations will be handled differently.’
However, Mr. Bostock said his company is strongly in favour of greater regulation and professionalism within the security services industry in Cayman.
‘I have been an advocate for licensing and regulating the security industry,’ he said.
One issue that the Private Security Services Regulations (2008) does not address is pay for security guards. The industry is generally known to have among the lowest salaries of any job in the islands.
An across-the-board minimum wage for all Cayman Islands companies was recommended in a recent report given to the Ministry of Employment. However, an exact figure for what that wage should be is still up for discussion among the business and legal community.
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