As the Deputy is aware, the Garda Commissioner is responsible for the management and administration of Garda business under Section 26 of the Garda Síochána Act 2005 (as amended), which includes the recruitment and training of Garda members and staff. As Minister I play no role in these independent functions.
Section 15 (1D) of the Social Welfare and Pensions Act 2014 (as amended) provides that:
"A member of the Garda Síochána exercising a power or duty of a social welfare inspector shall continue to have conferred on him or her and may exercise the powers and duties of a member of the Garda Síochána for purposes other than the purposes of this Act, as well as for the purposes of this Act."
Therefore, a member of An Garda Síochána seconded as a social welfare inspector under Section 250 of the Social Welfare Consolidation Act 2005 (as amended by the Social Welfare and Pensions Act 2014), does not cease to be a member of An Garda Síochána. Garda members seconded to the Department of Social Protection retain all their Garda powers for the duration of the secondment.
I am further advised that there is a Memorandum of Understanding between An Garda Síochána and the Department of Social Protection in respect of these secondments.