Vol. 502 No. 1
48 Ms Fitzgerald asked the Minister for Justice, Equality and Law Reform the circumstances in which members of the Garda will accompany officers of the Department of Social, Community and Family Affairs in carrying out spot checks on social welfare recipients; and if he will make a statement on the matter. [7088/99]
In case there is any confusion on this point, it is not the function of the Garda Síochána to carry out spot checks on social welfare recipients. The Garda have given the Department of Social, Community and Family Affairs and a number of other agencies the opportunity to be involved in the operation of multi-agency checkpoints. The purpose of the checkpoints is to monitor compliance with various enactments. Each agency exercises the option to participate, as its own operational needs require, and operates in accordance with the law relating to its own area of responsibility.
The Minister for Social, Community and Family Affairs is taking the opportunity in the context of the Social Welfare Bill, 1999, to replace general powers of inspection with more specific powers appropriate to the ongoing operation of these checkpoints. Section 26 of the Bill makes specific provision for a social welfare inspector exercising his or her statutory powers, accompanied by a Garda in uniform, to stop any vehicle he or she reasonably suspects is being used for the purpose of employment or self-employment and to make inquiries of any persons in such a vehicle or require them to produce any record in their possession in connection with their employment or business.
At present, multi-agency checkpoints are initiated by the Garda and, in the main, this will continue to be the case. Following the enactment of the Social Welfare Bill, there may be occasions when the Department of Social, Community and Family Affairs wishes to initiate a vehicle checkpoint. However, it may only do so with the agreement of the Garda Síochána. There will be no obligation on a member of the Force to accompany a social welfare inspector and a social welfare inspector will not be entitled to stop a vehicle unless a Garda is present.
