Privatizing Policing in the European Market: Some Issues for Theory, Policy, and Research

Author(s): Nigel South

Source: European Sociological Review, Vol. 10, No. 3 (Dec., 1994), pp. 219-233
Published by: Oxford University Press
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European Sociological Review, Vol. 10 No. 3, December 1994 219
?Oxford University Press 1994

Privatizing Policing in the European Market:

Some Issues for Theory, Policy, and Research

NIGEL SOUTH

ABSTRACT This paper examines the growth and significance of private policing, which has received
considerableattention in North America and the UK but relativelylittle in the rest of Europe. The paper
draws upon Europeansources to describethe implicationsof the privatizationof policing for civil liberties
and the expectations that citizenship carries regarding state provision of policing services, and for the
developmentof a marketin policing in the post-1993EuropeanUnion. It suggeststhat there is the potential
for the emergence of a new 'policing complex' and considers how certain developments in sociological
theory may illuminate aspects of this trend. It concludes by offering a future European researchagenda
on this topic and comments on the social policy implications of a mixed economy of policing that erodes
the citizen's legitimate expectations of equality in protection from crime and incivilities.

INTRODUCTION framework but is intended to contribute to

debate about the future of policing in Europe.
The significance of the growth of private
policing-private securitycompaniesand private PRIVATE POLICING: A BRIEF BACKGROUND
regulatory or investigative agencies and
services-has been discussed in detail in the Modern societies have tended to view recent
context of North America (e.g. Spitzer and formsof policingas the evolutionaryculmination
Scull, 1977a,b; Shearing and Stenning, 1981, of improvementsand refinementsin the state's
1983; Cunningham and Taylor, 1985; administrationof its responsibilitiesin this area:
Cunningham et al., 1990) and in the UK for example, ensuring public order, enforcing
(Draper, 1978; Bowden, 1978; South, 1988; law, providinga criminaldetection service, etc.
Johnston, 1992a). Less extensively, other However, it is unlikelythat the developmentof
European commentators have discussed and public policing in any advanced society has
analysed this phenomenon in various domestic wholly displaced, replaced, or eliminated
contexts(e.g. Ocqueteau,1990, 1992a;Larrauri, remnants of historical antecedents, informal
1991; Hoogenboom, 1991a;Magnusson, 1979; initiatives, or private competitors. These are
Narr, 1992;von Walsleben,1992;Nogala, 1992; frequentlyhistorical precursorsof the modern
Diederichs, 1992a,b,c; Stacharowsky, 1985; police (South, 1987)and have often maintained
Steinke, 1979; Dessau, 1977; Cappelle, 1987; an active presencein society despite the formal
Olgiati, 1993). However, as yet there seems to role of the public police. Cruciallyimportant,
have been little considerationof the issueswhich for example,is the vital role of the generalpublic
this internationalgrowthof privatepolicingmay in contributing to order maintenance, crime
raise in the broader European context. This reporting, and local policing (Shapland and
paper reviewscurrentand future developments Vagg, 1988). Additionally, modern societies
of note with regardto some of these issues and have given rise to an extensive complex of
offers observationson theoretical,research,and regulatoryor inspectoratebodies, with powers
policy directions. The paper does not set out to to control, permit, and prohibit (i.e. 'police')
provide a definitive theoretical or empirical in areassuch as workplacesafety, social security
220 PRIVATIZING POLICING IN THE EUROPEAN MARKET

benefits, environmental damage, etc. take elements of the explanationsnoted above,

(Hoogenboom, 1991b). Hence, the division of but also discuss the process of the 'commodifi-
policing labour in society has always been and cationof security'(Spitzer,1987)in materialand
remainsa mixedand changingone (South, 1984, social-psychological senses; relatedly, the
1987). However, as we approachthe end of the relationshipbetweenwhat Narr (1992)calls 'the
twentieth century, the pace and significance of anxiety market' and security services; and
such changes is perhaps comparable to that finally, the influence of post- or late-modern
which saw the nineteenth-centuryemergenceof conditions on centralizingversusdecentralizing
public policing bodies in Europe. tendencies in modern policing (McLaughlin,
It is evident that in most Western countries 1992; Shearing, 1992).
today, the public police forces have faced new The point here is that recognition of the
demandsand evolved new prioritiesat the same growth and significance of the private security
time as police budgetshave come underscrutiny sectorin and for Europeis long overdue.It now
from both governmentsand votingpublicseager includes 'a vast spectrum of . . . different
to ensurethat their public servicesare not only services and products. It can be ... defined as
efficient but also cost-effective. At the same the sum total of all free-lance individuals and
time, small businesses and large corporations private companies offering goods and services
have given increasingthought to the protection to clients on a commercial basis ... to protect
of the assets and production processes which persons, property or interests against dangers'
produce their profit. New managerialthinking (Nogala, 1992: 97). It is a 'recession resistant'
has encouraged the refinement of plant and industry(Kakalikand Wildhorn,1971),that has
office securityand in some cases the vetting of prospered whilst public services have suffered
employees. Since the 1960s, the incentive of cutbacks,and it certainlyfitted the conservative
reduced insurance premiums for those who mood and ideology of North America, the UK,
installsecurityhardware(e.g. alarmsor cameras) and some other European nations during the
and employ private guards from an external 1980s (Judge, 1988: 16). It has rightly been
companyor in-house securitydivision, has been called 'a quiet revolutionin policing' (Stenning
a powerful one. And the role of the insurance and Shearing, 1980) and it constitutes a key
companiesas a spur to the expansion of private elementin the changingcharacterof the modern
security services remains crucially important division of policing labour (South, 1984).
today (Ocqueteau, 1992b: 12; South, 1988:
62-5). PRIVATE SECURITY IN EUROPE
One common view of such developments is
AND NORTH AMERICA
that as public security services have come to
direct scarce resources towards 'new' threats, We must first observe that our picture of the
such as terrorism, drug trafficking, and size, resources,and numberof employeesof the
international fraud (Heidensohn and Farrell, private security sector-domestically and
1991), they have left spaces to be colonized by internationally-is an impoverished one. This
'payment-for-protection' services. This is in large part due to the lack of either official
colonization view is highly suggestive, as is the overview bodies or comprehensive regulatory
argument that the fiscal crisis of the state has systems.Reliableand meaningfulstatisticaldata
encouraged commercial provision of private are unavailable for Europe or North America
policing services because they are cheaper (see and typicallyinformationis culledfrom industry
e.g. Spitzerand Scull, 1977a)but, by themselves, surveys, generallycarriedout for the purposes
these propositionsare inadequateand simplistic of analysingmarketsharebetweencompetitors,
(see Shearingand Stenning, 1981, 1983; South, accounts in trade journals, media reports,
1984; Johnston, 1992a). I shall return to the interpretation of Government statistics on
prospects for theoretical development later in employment in different national economic
this paper. However, in brief, the elaboration sectors, and whatever data are furnished by
of more adequatetheoreticalperspectivesmight limited registration schemes. Some countries
 EUROPEAN SOCIOLOGICAL REVIEW 221

may be able to providea more adequatepicture, post-communist states (Traynor, 1992). Narr
especially where regulatory systems are well (1992: 96) also notes that private securityis not
developed, but these are the exception. a new phenomenon in Germany but that it
'appearsto be boomingas a resultof unification',
The Internationalization of Private Security with people fearing social instability and rising
Within continental Europe, the history of crime. In the UK, the expansiveprivatesecurity
privatesecurityservicesin some countries,such marketis highly competitive but dominated by
as Sweden and Finland, is a lengthy one dating threemajorcompanies-Chubb, Securicor,and
from the earlydecadesof the century.Elsewhere Group 4 Securitas, which also operate in other
the market has generally developed since the European and international markets (South,
Second World War, with some acceleration 1988; Johnston, 1992a).
since the late 1960s or early 1970s. France, for EasternEuropeis alreadyopeningup as a new
example, now has a growing workforce in market for such services-and in some cases
privatesecurity,the estimatednumberof guards (e.g. Poland, Russia, former Czechoslovakia)
(96,000) being comparable to numbers of the private security sector is taking on the ex-
Gendarmes(90,000)and police officers(110,000) employees of the much reduced state security
(Ocqueteau, 1987).' sector (Johnston, 1992a: 85). In Prague, the
Despite strict legal restrictionswhich have to public police complain of outdated equipment
be satisfied, Belgium has three major and ten and inadequate resourcesto deal with the new
smaller security firms. The domestic market is crime problems, while unregulated private
expectedto continueto grow.In TheNetherlands, agencies are multiplying, employing firearms
guarding and related services contributed to a and intimidation and 'operatingas a guard for
market worth around Dfl. 2,000 m. ($ lbn.) in the entrepreneurialclass' (Traynor, 1992). One
the 1980s(Horsthuis,1987).Successfulspecialist recentreporton developmentsin Russiasuggested
companies have also emerged, recruiting ex- that 'In a country where the state's monopoly
police detectivesand investigatingareas such as on everything,including the right to use force,
commercialfraud (Judge, 1988: 16). Sustained was once so total and unquestioned, private
expansion is predicted. Italy has also seen enterpriseis booming in precisely those areas
dramaticgrowthin this areasincethe 1970s,and whereit is most controversialin the West:health,
in Spainlegislationpassedin 1974requiringthat medicine ... and now security' (Clark, 1992).
funds in transit be properlycovered by security Undoubtedly, however, the principaluser of
measures gave a clear boost to the market. such servicesis the USA, where a recent report
As Diederichs(1992a,b: 97) observes, private for the National Institute of Justice recorded
security is growing in Germany, though its that:
origins date back to the system of night guards the private
security industry has grown to where it
employed in the middle of the nineteenth now dwarfs public law enforcement; it employs two
century. At the beginning of the 1990s, there and a half times the personnelof publicagenciesand
are more than 900 security firms, employing a outspends them by 73%. .... While public
total of 62,000 persons(ibid.), and an estimated expenditures for law enforcement will reach $44
15,000 private investigatorsor detectives, with billion by the year 2000, they will be dwarfed by
12-13,000 of these being employed as private securityexpenditures,which will reach $104
departmentstore detectives(Diederichs,1992c). billion. The averageannualrate of growthin private
Diederichs(1992b) wryly observes that nobody security will be 8%, or double that of public law
has so far ventured 'the slightest estimate of enforcement. (NIJ, 1991: 1-2).
reliablefiguresfor the area of the formerGDR', Thereare, perhaps,particularitiesabout the US
but interestinglyWolfe (1992)has describedhow case that make generalizationabout these trends
formermembersof the Stasi political police are unwise. However, these figures do offer to the
finding employment in private security firms. scepticalsome indicationsof the potentialsocial
This process is subject to a degree of control, and economicsignificanceof the privatesecurity
which does not seem to be the case in other market. For example, national workforce data
222 PRIVATIZING POLICING IN THE EUROPEAN MARKET

produced by the US Department of Labour is In terms of aims, private securitycompanies

interestingfor the observationsit has prompted offer services in the areas of both crime
from economists (see Uchitelle, 1989). In a prevention and crime detection. Some
society characterized as ever more fearful of commentators (Shearing and Stenning, 1981)
rising crime and violence, public and private have emphasizedthe way in which the employ-
security occupations now account for at least ment of privatesecurity,their profit protection
1.6 per cent of all working Americans. This is orientationand theirin-houselocation or access
twice the percentage for 1970 and few other to privateproperty,meansthat theyareprimarily
occupations are growing as rapidly according involvedwith the former-crime prevention,or
to the Department of Labour. There are other more accurately,loss-prevention:preventingloss
characteristics of the US private security of profit or property for their corporate
market-such as high turnover and market employer. Such a commercialorientation, with
flexibility (South, 1988; Ocqueteau, 1992b: 14) accountabilityto privateemployersratherthan
whichare alreadycommon in Europeand which to the law, takes them out of the realm of the
pose problems regarding registration and publicjusticesystemand into an arenaof private
regulation procedures(Ocqueteau, 1992b: 14). justice(Henry,1983;South, 1983).Thistendency
was noted by the US Task Force on Private
PRIVATE SECURITY ENTERPRISES IN THE Security in 1976:
1980s AND 1990s It would appear that a large percentageof criminal
violatorsknown to privatesecuritypersonnelare not
Aims and Activities referred to the criminal justice system. A logical
In law there is a significant difference between conclusionwould be that thereis a 'private'criminal
a force or agency appointedand empoweredby justice system where employer reprimands,
the state, recognized in legislation and/or restrictions, suspensions, demotions, job transfers,
constitutionally, and a private service that or employmentterminationstake the placeof censure
operates with no formal authority beyond that by the public system. (NACCJSG, 1976).
availableto ordinarycitizens (althoughin some To this end, a range of loss-preventionservices
European countries a system of licensing may are available, including the familiar ones such
bestow additionalauthority;Draper, 1978). Yet as guarding,patrolling,usingarmouredvans for
it is commonlyreportedthat this is not properly cash and valuables-in-transitmovement, alarm
understoodby the generalpublic and that there systems, etc., as well as less familiar ones such
is some confusion in their minds as to what the as employee profiling prior to employmentand
status of private security personnel actually is vetting once in post, television surveillanceof
(either in private or public spaces) (see e.g. work areas, and so on. Forms of surveillance
surveysconductedin Canadaby Shearinget al., are central, 'uniting the diverse activities
1985; Hoogenboom, 1991a).2 undertakenby privatesecurityunderthe heading
One perennial source of such confusion has of prevention' (Shearing and Stenning, 1981:
been the blurring of the line drawn between 213; cf. Foucault, 1977; Giddens, 1985).
public and private authority. In the USA, UK, Despite the significance of this preventive
and now parts of Eastern Europe, some dimension of private security services, there is
companies have provided uniforms similar to (andalwayshas been)a strongand perhapsmore
those worn by the police, and offered services worrying responsive side to the operations of
which sound as if they requirepolice authority. private security firms. At their most extreme,
Other countries, such as Belgium, have explicit perhaps, such responsiveservicesare illustrated
regulations stating that private security staff by the company 'goon squads' used in the early
must not present themselves in a way likely to part of the century in the USA, to keep union
mislead the public, whilst Finnish law requires organizersout of companytowns-frequently by
all private guards to wear a standardized the most violent means (Weiss, 1978, 1987),and
uniform, corporateidentitybeing establishedby anti-tradeunion activityhas continued(Bowden,
wearing a badge (Johnston, 1992a). 1978; Addario et al., 1987; South, 1988).
 EUROPEAN SOCIOLOGICAL REVIEW 223

Potentiallyas controversial,but in fact rarely but problematic vetting systems, licence

noted, are the privateinvestigationagenciesthat application checks, or-as in the case of the
offer what are essentially intelligence services. UK-no official regulatorysystemat all (South,
Such services,most elaboratelydevelopedin the 1988;ch. 8). An agreementfrom the Committee
USA but also existing in the UK, Canada, of Ministers of the Council of Europe in 1987
France,Germany,and probablymost European tentativelyaddressedthis matter, observingthat
countriesprovideinformationabout individuals, member states should 'enact, revise and if
competitors,products,markets,and so on. Such necessarycompleteregulationsgoverninginitial
services range in the legality of their operation authorisation, periodical licensing and regular
from the completely legitimate researchenter- inspection . . . of security and surveillance
prise based on library searches, company companiesor encouragetheprofession to adopt
reports,and bona fide interviews,to companies its own regulations'(Baileyand Lynn, 1989:35,
that engage in industrial espionage involving emphasis added; see also Johnston, 1992a;
theft, bribery, and corruption (Bergier, 1969; 89-93). The latter qualification provides no
Beriot, 1971;Draper, 1978). Servicesof a more grounds for supposingthe UK will do anything
routine kind are also available, such as finding other than support self-regulation, although
missing persons, tracing the legal provenance overall in Europe, as Johnston (1992b)
of a particularitem, and so on. This is an area summarizes:
which has had rathermodest growth but which
the US experiencesuggests could be stimulated (with the exception of the UK and Eire), statutory
by recession,as privateguardcompaniesbranch regulationis long establishedand well-defined, and
into detective work: 'properly managed, although there are some variations (e.g. Spanish
detectiveservicescan producehefty profits, with guards are armed3Dutch guards are not), there is
a common recognition that regulation, whateverits
gross marginsof as much as 50%, or more than
twice what guards bring' (Allen, 1991: B1). limitations, produces some benefits. Indeed, in
severalcountries,includingSpainand Finland,there
is concernthat some catagories(notably 'bouncers')
Accountability and Regulation are slipping through the legislative net, something
The range of services and activities in which which is likely to lead to further legislative
private-sectorsecurity agencies are involved is refinement.
now so wide as to touch upon the lives of most
citizens of European and other advanced This is a matter which will benefit from the
industrial societies. And it is a significant further development of agreed European
reflection of the globalization of corporate Community policy since it is already an issue
business and the 'harmonization' already with a significant internationaldimension and
achievedin some areasof commercethat already one which also raises other sensitive questions,
the security companies which offer services in such as the potential conflict between
one part of Europe will often be the same answerabilityto an agency'scorporateemployer
companies (or be owned by the same parent or to the law and governmentof the countrythe
company) as those offering services in other agency is working in. In other words, whether
parts of Europe-or North America or a privatecompany operatingfrom London and
Australasia(e.g. Securicor,Group 4-Securitas, engagedin privatesecurityserviceswhich takes
and Chubb). its staff to work in France will view itself as
This growingtrenddeservesemphasisbecause more accountableto its paying client in the UK
what was once seen as a narrow,parochialissue than to the law and public authorities in
is in fact one of international significance. Of France.4This may raise no problemsin the case
crucial importance here are the accountability of the large, reputablecompaniesbut may cause
and regulation of the private security sector. concern in relation to smaller specialist or
Examination of licensing arrangements and covert services where the client has particular
regulatory requirements in Europe shows a expectations which may be at odds with
ragged patchwork of elementary or thorough domestic law.
224 PRIVATIZING POLICING IN THE EUROPEAN MARKET

Drawing on the North American, UK, and justicesystem,which, havingno clearprecedent,

other European literaturewe could find many lend themselves well to subcontracting to the
othersupportingreasonsto concludethis section private sector. Among the most controversial
by highlightingthe questionof accountability- have been recent experiments with electronic
these include instances of misconduct and tagging. There are debates about whether this
misrepresentation,using excessive force, false is a humane move that means persons who
imprisonmentand detention,forcedconfessions, might previouslyhave receiveda prisonsentence
the wrongful use of deadly force (i.e. firearms),can now continue to live at home, or whether
the illegal use of surveillance devices, and the the availability of the tagging response will be
possibilityof what Hoogenboomcalls 'economic used by the courts for people who would
coercion' in private justice settings (Becker, otherwisesimplyhave been grantedbail-hence
1974: 451; Hoogenboom, 1991a; South, 1988; wideningthe net of the penal systemand taking
ch. six). This is a difficult area for both it into the community (Cohen, 1985). For
sociologicalinvestigationand policydevelopment example, in the UK the electronics company
but one which not only deserves further Marconi won contracts for two of the initial
discussion but also a co-ordinated legislative tagging trials in 1989. Marconi then sub-
response. contracted operational responsibility to
Securicor(one of the largest securityoperators
in Europe),who would, 'in some circumstances'
NEW DEVELOPMENTS IN THE PROVISION
be authorizedto carryout randomchecksat the
OF PRIVATE SECURITY SERVICES
homes of defendants(Observer,13August 1989:
The private security sector provides a number 10; for a lengthierreviewof this issue see Lilley,
of basic services. However, political support, 1990).
innovation, and competition are spurs to an
important range of new developments. The Privatization of our Living Environment?
The influentialwork of Shearingand colleagues
The Trend TowardsAccelerated Privatization in Canada has drawn attention to the way in
of Public Services which private security has grown partly as a
The move towards increased privatization of consequenceof the anomalous legal position of
tasks previouslyundertakenby public agencies the mass private property spaces which have
(e.g. police, probation, or prison services) mushroomed in the post-war years (Stenning
accelerated in the UK, and North America and Shearing, 1980; Johnston, 1992: 205-7;
duringthe 1980s. The momentumis unlikelyto Putter, 1992). The simplest examples are
slow in the foreseeablefuture(Johnston, 1992a; shopping malls, which are built to encourage
NIJ, 1991:2). With regardto Europegenerally, mass public use and attract people for
Judge's(1988:16)discussionof the presentations expenditureand leisure-yet whichare privately
made at the Council of Europe'sConferenceon owned and through which there is no legal
the Privatization of Crime Control (1988), public right of way. Legally, therefore, these
suggested that 'the political climate in Europe private premises are not in any clear sense the
is generally sympathetic to the idea of private responsibility of the public police, and it has
sector expansion. The public mood is well proved more satisfactory to owners and to the
disposedtowardsfirmsthat considerit theirtask public police for private security firms to
to take care of criminals or crime-prone provide patrols of such premises. The growth
activitiesby their employeesor outsiders.'Even of privateand exclusiveresidentialdevelopments,
in the welfare state of The Netherlandsit seems and the problem of providing security for
that privatization has strong advocates municipaltransportsystems (Putter, 1992), are
(Hoogenboom, 1991b: 11). further examples of private-cum-publicspaces
However, it is not just traditional arrange- which have turned to privatized policing.
mentsthat are seeingchange.Thereare also new These developmentsare now well established,
developments in the operation of the criminal but some commentatorshave proposedthat the
 EUROPEAN SOCIOLOGICAL REVIEW 225
principlebe taken further. In the UK the Adam services find increasing custom in commercial
Smith Institute (Elliott, 1989), a conservative and industrialenterprises.For example,planting
think-tankinfluentialin Governmentcircles,has undercoveroperativesin a company'sworkforce
proposed that residentsin areas suffering from is attractive to some employers as a way of
or fearing high crime rates should 'privatize' identifying those responsible for pilferage,
their streets by establishing their own security dissent, vandalism, drug or alcohol use,
patrols and installing surveillance equipment. gambling,industrialespionage-or any number
Their report, Streets Ahead, is based on the of other problemswhich securityagencieshave
alleged success of similar schemes in the USA, identifiedthe modernbusinessas being plagued
where apparently there are now more than by. The workplaceundoubtedlyharboursdegrees
90 000 Home Owner's Associations organizing of devianceand, indeed,in a Durkheimiansense
privatizedresidentialareas(Police Review, June it is perhapsthe existenceand limited tolerance
1989:1218).This developmentis seen as a model of such deviance which makes the daily round
to be emulated by 'good citizens' who are of work possible! (Bryant, 1974;Ditton, 1977).
increasinglyexhortedto play a more active part What may be less benign is the use of private
in crime prevention through 'Crimestoppers' securityoperativesto revealsuch transgressions
and 'Neighbourhood Watch' type schemes of company rules and then exercisedisciplinary
(Bennett, 1990; Johnston, 1992a: 138-40; measuresthrough the workplaceprivatejustice
Carriereand Erikson, 1989).The Institutereport system(Henry, 1983;Scratonand South, 1984).
neatly capturesone view of the phenomenonwe In the UK, France, Germany, and North
are concerned with: America, there has been real and legitimate
concern over the use by the public police of
Increasesin police manpowerhave been outstripped undercover or covert operational tactics. It
by risingcrime,as well as police dutiesbeingwidened should thereforebe of equal or greaterconcern
by the creation of new crimes. As a result it seems that private security companies offer and
inevitable that more private initiatives will emerge
... Appropriatechanges in propertyownershipcan operatesimilarservicesand that some have also
assist residents in defending their own houses and been accused of magnifying the seriousness of
neighbourhoods. Directedin the right way, this will the offences that they are using such methods
relievesome of the pressureson the police and allow to reveal. In addition there have also been
them to direct their resources more productively worriesabout 'entrapment'-drawing a person
(Police Review, 16 June 1989: 1218). into circumstanceswhich then constitute proof
of his or herguiltyintentor participation.When
It may be the case that neighbourhoodsdo feel public and private sectors work together then
the benefit of a reductionin burglariesor street serious compromise of public police authority
crimeas a resultof such schemes-although the may follow, as for example in the case of the
evidence is limited and it is likely that much BrussellsPolice Commissioner, Reyniers, who
propertycrimeis simplydisplaced.It is certainly had developed a close association with private
arguable that it is unhelpful to promote such detectivesused as informantsand as undercover
a disturbing image of society and households agents (Hoogenboom, 1991b: 1).
kept at bay within fortified homes and Aside from the problems of legality and
neighbourhoods by the threat of the crime general erosion of the rights of the citizen that
spectrelurkingaroundthe corner-although as such operations give rise to, there are also the
Narr(1992)notes, 'the anxietymarket'is clearly costs to the private securityemployee asked to
beneficial to the growth of private security perform this role. Such costs may include
services. distress at having to maintain a new life-style
and personality, and feelings of guilt, betrayal,
Undercoveror Covert Services and isolation. Deceit lies at the heart of these
Private security agencies offer services methods of operation and unless there is strict
concerned with both crime prevention and control, accountability, and just cause for the
detection. Pro-activeand intrusiveinvestigation use of such tactics, then they deserve to be
226 PRIVATIZING POLICING IN THE EUROPEAN MARKET

scrutinizedmost keenly (see Marx, 1988 for a securityand this is nicelyilluminatedin the work
discussion of undercovertactics generally and by Shearingand Stenning(1987)on the security
Marx, 1987 for a consideration of their use by arrangements in operation at Walt Disney
private and public police agencies). World in Florida. Here, the vast size and scale
of this entertainmentcomplex necessitates the
smooth running of the operation and equally
NEW THEORETICAL DEVELOPMENTS IN THE
smooth movement of the visitors. To step out
ANALYSIS OF PRIVATE SECURITY
of line or stray from carefully laid out paths
This paper aims to serve as a review and point bringsDisney Guidesquicklyto the spot to coax
of departure for further debate about the visitors back into the smooth-runningstream.
significanceof privatizedpolicing in Europe. It For Shearing and Stenning, what is seen here
will be importantin sucha debateto engagewith is a picture of consensually based control that
the various theoretical perspectives that have bears a strikingresemblanceto Huxley's vision
been developed so far. Here it is only possible of a Brave New World: 'The order of
to offer a brief discussion of such perspectives, instrumentaldiscipline is not the unitary order
but this may providea helpful starting-pointfor of the central State but diffuse and separate
further work. ordersdefinedby privateauthoritiesresponsible
The motto of the Pinkerton'sPrivateDetective for the feudal-like domains of Disney World,
agency in the USA is 'The eye that never sleeps' condominium estates, commercial complexes,
and in quite a preciseway this sums up the ideal and the like' (Shearing and Stenning, 1987:
modus operandi of private security- 322-3). The opening of Euro Disney, near
omnipresent and unflagging surveillance and Paris, with its reproduction of this same
vigilance.A systemof surveillancethat is known management philosophy and operational
about but not necessarilyvisible,indeedperhaps orientation, is worth noting as an example of
preferablyinvisible.What JeremyBenthamsaw the internationalization of such schemes of
as the ideal model for ensuring control and disciplinary control.
regulationof behaviourin the prison-panoptic, Interest in the historical development of
all-seeingsurveillance.One does not know when surveillanceand disciplinary systems has also
one is being observed but behaves in an coincided with a renewedinterest in police and
approved manner in case one is-a system prisonhistorymore broadly.A substantialbody
leadingto the most refinedform of surveillance, of this revisionisthistorynow exists, (e.g. Cohen
where the individual monitors and regulates and Scull, 1983)and the attentionthat has been
him- or herself.The purposeof suchsurveillance paid to the anomaloushistoryof privatepolicing
is regulation and order; where order is broken has proved interesting and deserves to be
then remedial or punitive action is needed. In extended (South, 1987; Weiss, 1978, 1987;
theoreticaltermsthis kind of analysisof private Johnston, 1992a).
securityhas been most keenly stimulatedby the In Europe, other commentators such as
widespread influence of the ideas of Michel Ocqueteau(1987, 1990,1992a)and Hoogenboom
Foucault, in particular in this case his book (199la) have been drawingattentionto specific
Discipline and Punish (1977). As Dandeker featuresof the Europeanprivatesecuritysector
(1990: 2) observes, both Foucault and Giddens and, as partof an attemptto rethinkthe modern
(1985) 'have discussed the administrativelogic division of policing labour, the term 'grey
of modernity in terms of the growth of policing' has been used to describe the
"surveillance", understood as an expansion of proliferationof privatesecuritycompaniesand
the supervisory and information gathering various state and non-state regulatoryagencies
capacitiesof the organisationsof modernsociety (Hoogenboom, 1991a). It may be that renewed
and especiallyof the modern state and business and increasing diversity in the division of
enterprise.' policing labour is a sign or symptom of the
Such work has stimulated one of the most times and fits with ideas about the turn of
strikingnew directionsin the analysisof private society towards post- or late-modernity: the
 EUROPEAN SOCIOLOGICAL REVIEW 227

fragmentation of life and life-style, the move as products of the development of surveillance
away from centralizationand the state, and the and modernity (cf. Dandeker, 1990: 205).
shift to a new pluralismwithin and across social Further,in reflectingerosion of the primacyof
and spatial divisions. This is a vision of social nation-states,the growthof globalizedcorporate
life where order, authority and policing, must enterprisetranscendingnationalboundaries,the
all change to fit a post-modern world which is de- and trans-centralization of power, authority,
'irreduciblyand irrevocablypluralistic,split into and control, and the pluralizationof policing,
a multitude of sovereign units and sites of it also reflects conditions characteristicof late-
authority, with no horizontal or verticalorder, or post-modernity.
eitherin actualityor in potency'(Bauman,1988: This view calls into questionWeber'sfamous
799). contention that 'the claim of the modern state
Thereis much to explorehere, drawingagain to monopolise the use of force is as essential to
on Foucault, the post-structuralists,and recent it as is its characterof compulsoryjurisdiction
writings on post- or late-modernity. Some and continuous operation' (Weber, 1922/1978:
relevant work is already under way amongst 56). In investigatingtrendsin social control, we
critical socio-legal scholars in North America might therefore ask: is the state relinquishing
(Shearing, 1992). As Europe moves towards a degree of this monopoly or contracting out
harmonizationat political and economic levels or deputizing to others the legitimate use of
(a process perhapsslowed post-Maastrichtwith force? Or are such theoreticalquestionsof little
emphasis given to ideas of 'subsidiarity' and relevancetoday? One resolutionof the problem
'nearness', but likely to regainimpetus, at least posed by Weber's assertion is simply to argue
in terms of market harmonization; Palmer, that it is outdated and has been overtaken by
1993), one interesting question is whether the capacity of the market to do a better job
policing-public or private-will exhibit than the state. In Britain the Parliamentary
tendencies towards centralization, or dispersal Home Affairs Committee(1987)has arguedthat
and fragmentation. Developments relating to 'the Stateshouldbe the sole providerof a service
public policing, such as establishedforums like only when no-one exists who can provide the
TREVI and the implications of the Schengen service at less cost or can provide a better
agreement(McLaughlin, 1992: 481; Johnston, service.' More subtly, Ryan and Ward (1989)
1992a:200), plus the formation of the basis for in their critique of prison privatization, have
a European police agency, 'Europol' arguedthat 'the monopoly claimed by the state
(McLaughlin, 1992: 482-3; Hebenton and . . is over the power to define the legitimate
Thomas, 1992)suggesta degreeof the European- use of force .... This power does not necessarily
ization and co-ordinationof policing (albeitnot depend on the State owning the means of force
without anticipateddifficulties; Fijnaut, 1991). or employingthe individualswho use it.' (Ryan
Certainly, even though post-Maastricht and Ward, 1989:69). As Turner(1993:495) puts
deliberations have slowed progress towards it, 'those (legal-rational)powers which happen
closer political and economic union, provisions to be in control of the legal apparatusand the
of the established Treaty of Rome provide the bureaucraticmachine will have legitimacy. In
basis for co-operative development of Weber's sociology of domination, this
collaboration and exchange (potentially a legitimacy does not come from below in terms
market) in relation to state-provided services of referendaor elections.' Hence, Governments
such as policing(Dorn, 1993).At the same time, which speak and act for free-marketinterests
private policing, whilst also operating across are untroubled by the idea of franchising
borders, will be provided by more and more responsibilities of the state and elements of
bodies not recognizing accountability to co- legitimacy to market actors. This raises other
ordinating or centralizedEuropean authorities issues-if the state gives way to the private
(unless legislation or other forms of oversight sector, extendinglegitimacy to the use of force
are introduced). Perhaps, overall, this scenario by the latter and diminishingits own monopoly
reflects a decentredview of power and policing of power, then it may be that the citizen will
 228 PRIVATIZING POLICING IN THE EUROPEAN MARKET

need to turn for protection not to the state and their business side by side; each is aware of its
state law, but to supra-societal human rights, boundaries and limitations and knows what it
as guaranteedby the European Convention on is doing within them. While the compromise
Human Rightsfor example(Turner,1993:502). account sees private security as developing
commerciallyas it negotiates entry into certain
Towards a Model of the Private/Public public-sector activities, the complementary
Policing Relationship view sees theirexistence(and resurgence,South,
To assist in examining the future development 1987;Johnston,,1992a)as historically,socially,
of the relationshipbetween the private security and economically inevitable.
sectorand public-sectorcriminaljusticeagencies, The 'competition' view is fairly self-
I have elsewhere (South, 1989) drawn out the explanatory and rests on the fundamental
four forms of relationship to be found in the distinctionbetweenpublic and privateagencies
existing researchliterature.These relationships in termsof who pays them, whose intereststhey
are 'compromise','complement','competition', thereforerepresent,and to whom they might be
and 'circumvention'. In the Weberian sense, held accountable. It is a dimension of the
they merely representideal types and each will relationshipthat can lead to simple conflict or,
perhaps be a partially representativeview. in an open market for policing, to positive and
In the case of 'compromise',the co-operative negative consequences of competitive bidding
nature of the relationship between public and for business, innovation, efficiency drives, and
private sector services is such that a degree of cost-cutting.
mutualtrustextendsto the mutualconsumption The preceding 'views' of the public-private
of each other's services. This is a pragmatic sectorrelationshipall presupposethat, generally
recognitionof the changingdivision of policing speaking, the activities of the private security
labour whereindifferent resourcesare directed sector stay within (or close to) the limits of the
in different directions, as in The Netherlands law and are at least not against the public
wherevarious private-sectoragenciesmay have interest. The final viewpoint, termed
anti-fraud investigative resources which the 'circumvention',places realisticemphasisupon
police find it useful to drawupon, whilstprivate the ways in which private security enterprises
agencies need police co-operation to pursue can be quite routinely involved in the circum-
other cases (Judge, 1988). Compromise might vention of the law, erosion of civil liberties,and
also embrace (and be facilitated by) the cross- rejectionof expectationsthat public law or rule
over of personnel (usually senior police joining enforcement agencies might reasonably have.
private security companies on retirement) In the UK, it is the competition view that
and/or 'moonlighting' by public police as excites most concern within the police service,
security staff. Some European countries, (e.g. as the Government's privatization agenda
the UK) prohibit the latter but its common continues. For other European countries,
occurrenceis noted elsewhere:for example, in historical,structural,and legislativefactorsmay
The Netherlands, where Hoogenboom (1991a) add weight to one or more of the other
speculates that a common police culture could perspectives.5Whicheverparticularperspective
emerge, shared by employees within the public (or 'mix') seems most useful in characterizing
and private sectors. Such a possibility certainly emerging public-private police relationships
has interestingimplicationsfor the sociology of across Europe, it remains the case that we are
policing. only just beginning to explore the scope and
The idea of 'complementarity'is similar to implications of such differentiation and
the 'compromise' perspective but here the contradiction.Hoogenboom (1991b:2) suggests
relationship is less one involving inter- the need for a multi-disciplinary approachto the
penetration and more a mutual understanding privatization of social control, drawing upon
of different aims, capabilities, loyalties, and other disciplines, such as political science and
terms of reference. According to this view, economics. The agenda for future researchwill
public- and private-sector agencies go about be a long but interesting one.
 EUROPEAN SOCIOLOGICAL REVIEW 229
TOWARDS A FUTURE EUROPEAN Back! And have a Nice Day!' to a boisterous
RESEARCH AGENDA crowd(Observer,1992).We passunquestioningly
through a social and spatial environment that
1993 and the opening of commercial and is increasinglyroutinizedand regulated,ordered
geographical borders within Europe has and controlled in complex and multiple ways.
implicationsnot only for commercebut also for Further research is needed, in individual
crime(Taylor,1992)andfor policing.AlreadyUK countries and across Europe, to enable the
security companies with a strong international discerning of trends in this respect and the
profileare looking at the enhancedprospectsfor assessment of their desirability or otherwise.
pan-Europeanexpansion; similarpreparations Regarding crime in the 1990s and beyond,
are underwayin France(Ocqueteau,1992b:12), private policing will be utilized in response in
and, no doubt, elsewhere in Europe. Perhaps many ways. For example,it may be that private
more significantly,interpretationsof post-1993 policing proves itself more flexible than public
EC free-market policy may encourage the policing in responding to certain forms of
opening of what will literally be a 'market in organized crime, especially those enterprises
policing'. Public police forces could seek to sell engaging in what Van Duyne and Levi (1991:
theirparticularareasof expertiseto other forces 21) call 'jurisdiction shopping': 'settle in
across domestic borders, e.g. relating to one country with an easy legislation towards
terrorism,drugs, or fraud (Dorn, 1993).Private business crime and seek victims in other
security companies will certainly seek to countries.'If the harmonizationof criminallaw
capitalizeon such an open market.Of particular and policing systems is delayed or rejected in
significancewill be the question of whetherthe the EC, then the growth of cross-border,
public-private divide persistsin competitionor business-orientedorganizedcrimewill probably
whether the divide (already permeable)begins stimulatedemandfor cross-borderprivatepolice
to dissolve in co-operative arrangementsand responses. The researchagenda should include
initiatives. Already some commentatorsin The examination of such symbiotic relationships,
Netherlands have predictedthe growth of 'the and if this means the further development of
policing complex' in which public policing, non-accountable,cross-border,privatepolicing
private security, and official and quasi-state then an obvious question is how some form of
regulatory bodies will inevitably begin to co- regulationand control can be exercisedand by
operate intensively in the domestic sphere whom?
(Hoogenboom, 1991a;Fijnaut, 1985). Building In termsof white-collarcrime,concernsabout
upon this observation, I suggest that the the seriousness of computer and information
potential is there for the developmentof a pan- technology crime in Europe seem to have been
Europeanand international'policingcomplex'. exaggerated(Levi, 1987), but this is still likely
In the light of such possibilities, one to be an area of continued growth for security
important task will be to conduct a more diagnosis,protection,systemsdevelopment,and
adequateanalysis(at empirical,theoretical,and installation. Hence, as with the diversification
policy levels)of the varyingmixes of public-and of privatesecuritycompaniesinto telecommuni-
private-sectorpolicing which are found across cations, electronic security systems generally,
Europe(Westand now East) at the presenttime. and bank technology, there will be some degree
A historical perspective would be informative of a shift of identity and status for private
as well, but more importantwould be an exercise security away from the old-fashioned night-
in prognostication or futurology. In a very real watchmantowards the technicianfamiliarwith
sense, we have, at present, only a limited idea technological innovation. This shifting image
of how our societiesare policed. We simplytake will not, of course, eclipse the whole of the
for granted so much informal and private labour-intensiveprivateguard and cash-transit
policing that we do not notice it: we have to industries (though it may change some of the
think twice to catch the significance of the functions they perform), but it is a significant
Disneyland security guard and his call: 'Stand shift and will be worth charting.
230 PRIVATIZING POLICING IN THE EUROPEAN MARKET

Policy research will also be important, in of parts of our law enforcement systems is
relation to crime-control strategy and the a reality;the incursionof the marketinto other
accountabilityand policing of the privatepolice partsof the criminaljusticesystemis a likelihood
themselves.Van Dijk (1991:40-1) has predicted in many countries. In the foreseeablefuture we
'a renaissance of offender-oriented crime will continue to see the blurringof boundaries
prevention in Europe' and that 'future buzz- between the delivery of public- and private-
wordsmay be normativetraining,self-discipline, sector services (Cohen, 1985). Increasingly,
data security, (electronic)surveillanceand risk market forces (whether characterized and
control.'Europeanpolicy-makerswillincreasingly explainedin terms of the enterpriseculture, the
incorporate the private security sector in their recession, costs and benefits of reunification,
crime preventionstrategies:'at the Conference or the deconstructionof commandeconomies),
of Ministers of Justice of Council of Europe are putting a price on aspects of life which are
countries in The Hague in June 1989 several supposed to be universallyenjoyed benefits of
ministers expressed an interest in closer civilizedsociety-a feeling of security,freedom
cooperation with the private securityindustry. of movement,and the preventionof crime.These
Europeanstandardsfor privatesecurityservices can be seen as constituents of what Marshall
and practiceswill probablybe developed in the (1963: 74) saw as social elements in the rights
years to come.' that should accompany citizenship: 'the whole
Above all, researchshouldinform policy with range from the rightto a modicumof economic
regardto principlesof equity, socialjustice, and welfare and securityto the right to share to the
the legitimateexpectationsof citizenship.Hence full in the social heritage and to live the life of
when consideringthe significance of the arena a civilized being according to the standards
of private justice referred to earlier, it is prevailingin society' (cf. Johnston, 1993). The
necessary to take account of-and aim to rise and impact of crime and the self-
strengthen-the ways in whichexistinglegislation acknowledged inability of the public police to
concerning civil and employee rights affords cope with the problem, should not be sufficient
protection against arbitrary or Machiavellian argument for promoting a vision of society
(Dandeker, 1990) private justice and 'hidden' where the unprotected are held to bring their
disciplinary or intrusive actions (Johnston, victimization upon themselves and those who
1992a). can afford it are advisedto buy betterprotection
than their neighbours. This raises serious
CONCLUSION: A DIFFERENT 'TALE OF questions about equality and the expectations
TWO CITIES'?
of publicservicethat citizenshipcan legitimately
carry with it. Should the consequences of
Public policing, traditionally the domestic allocation according to ideal laissez-faire market
concern of individual nations, may soon be principlesbe that the wealthy enjoy additional
involved in a Euromarketfor policing services. paid-for protection above the generalizedlevel
Less speculatively, there already exists a of policing provided by the state? Or should
Euromarketfor privatepolicingservicesand this public policing be allocated on a rationed basis
is undoubtedlyset to expand. In conclusion, let according to access to other resources, the
us considersomepossible(admittedlypessimistic) wealthy receivingless public police servicetime
future implications of this situation. because of their ability to pay for private
The scenario in the USA has been described services,whilstareasidentifiedas sufferinghigh
in the following way: 'The nation, in effect, is ratesof social deprivation,crime,and incivilities
putting less emphasis on controlling crime for receive more? Neither would seem to be a just
everyone-the job of publicly employed police policy option, yet the questions raised are real
officers-and more emphasis on private police and serious.
officers who carve out secure zones for those The privatization of policing and security is
who pay for such protection'(New YorkTimes, more than a material matter of some people
14 October 1989). In Europe, the privatization being able to buy betterlocks and alarmsor pay
 EUROPEAN SOCIOLOGICAL REVIEW 231
for night patrols. It is a social and psychological of privatesecurityappearsto be more favourablethan
mattertoo. As another commentatorobserves: the police view.' (Judge, 1988: 16).
3. There have been recent proposals in the Spanish
the evidence suggests that in the past 10 or 15 years Parliament to disarm the majority of Spain's 40 000
we have enteredinto a new phaseof social dislocation private security guards.
in the West, expressed in a spatial separation and 4. As noted, at present the UK has no specific, relevant,
polarisation more marked than ever before, the regulatory laws in force; on the limitations of the
ultimate expression of which would be to divide prefectoraladministrations'powersin Franceregarding
security, see Ocqueteau, 1992b.
society into a congeriesof armedenclaves. ... Mike 5. private
For example, Ocqueteauquestionsthe emphasisplaced
Davis, in his book about Los Angeles, City of upon 'privatization'by UK and NorthAmericanwriters.
Quartz, says that 'the most powerful "social The significance of this trend in France has been far
movement" in contemporarysouthernCaliforniais less evident and therefore its usefulness in explaining
that of affluent homeowners . . . engaged in the private policing in that country is limited (personal
defence of home values and neighbourhood communication,Seminaron PrivateSecurityin Europe,
exclusivity'. When one dimensionof that defence is, CESDIP, Paris, 15 January 1991).
literally, firepower, in the shape of private security
guards, and another is fortification, surely we can ACKNOWLEDGEMENTS
see where we are going? (Woollacott, 1992: 23).
This is a revised version of a paper first presented at a
In the UK, social policy commentators have GERN seminar, Aspects Actuels de la Securit6Priv6e en
frequently characterized the country as Europe, Paris, CESDIP, 15 January 1991. Thanks to the
polarizing into 'two nations'-the rich and the anonymous refereesand also FredericOcqueteau(Paris),
poor. We now have a situation where the rich Eleni Larrauri(Barcelona),Bob Weiss (Plattsburgh),and
can afford better protection from crime, loss, Clifford Shearing (Toronto).
and other injurious offences, whilst, we might
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