Dáil Éireann debate -
Tuesday, 24 Mar 1992

Vol. 417 No. 5

Written Answers. - Street Trading Convictions.

Tony Gregory

Question:

76 Mr. Gregory asked the Minister for Justice if, arising from his reply to Parliamentary Question No. 147 on 19 February 1992, he will confirm that a Garda (details supplied) was requested by the Department of Social Welfare to attend an appeals hearing to supply data on a person who was allegedly involved in street trading offences.

Tony Gregory

Question:

143 Mr. Gregory asked the Minister for Justice if, in view of the reply to Parliamentary Question No. 28 of 12 March 1992 he will outline the way in which the prosecutions for illegal casual trading of the persons referred to came to the attention of his Department; whether his Department sought the information or if it was forwarded, unsolicited, by the Garda.

Tony Gregory

Question:

151 Mr. Gregory asked the Minister for Justice if he is concerned that influence is being exerted by the Garda Síochána to have persons (details supplied) social welfare entitlements withdrawn; and if he will make a statement on the matter.

Minister for Justice (Mr. Flynn)

I propose to take Questions Nos. 76, 143 and 151 together.

I must begin by referring to the reply to Parliamentary Question No. 147 of 19 February and informing the Deputy that having now received information from the Garda for the purpose of answering today's questions it seems to me to be quite probable that the reply he received to his earlier question on 19 February had the unintended effect of misleading him.

The Garda authorities who, in accordance with normal practice, were asked for material for a reply to that earlier question focused their attention on computer data held centrally in the criminal records office at Garda headquarters and stated that information had neither been sought by Social Welfare nor supplied to them from that source. The reply given to the Deputy, which was based on this information, was, unfortunately, incomplete because it took no account of the possibility that information might be provided by the Garda other than through the Criminal Records Office at Garda headquarters. The incompleteness of the reply, which was due to a genuine misunderstanding, is regretted.

I have now been informed by the Garda authorities that, in accordance with their duty under the appropriate social welfare legislation to assist in the control of schemes administered by or on behalf of the Minister for Social Welfare, the Garda at local level transfer information regarding persons prosecuted for street trading offences to the Department of Social Welfare.

With regard to the attendance of a Garda at the recent social welfare appeals hearing mentioned by the Deputy I am also informed by the Garda authorities that a member of the force was summonsed in that case by the Social Welfare Appeals Office to attend the hearing for the purpose of giving evidence in accordance with the provisions of the Social Welfare (Consolidation) Act, 1981.