Dáil Éireann Debate, Tuesday - 7 May 2013
225. Deputy Ciarán Lynch asked the Minister for Social Protection if she will indicate the legislation that governs the invitation of a social welfare recipient to an interview under caution; the wording (details supplied) prescribed in law; the effort made to advise the recipient of their rights when being interviewed under caution; and if she will make a statement on the matter. [21399/13]
View answerChapter 3 of the Social Welfare (Consolidation) Act 2005 provides for the appointment and duties of Social Welfare Inspectors (SWIs) and, in general terms, requires SWIs to investigate and report to the Minister on, inter alia, any question arising in relation to a claim for a benefit under the Act. In appropriate cases, social welfare recipients may be invited to attend an interview with a SWI to that end. The wording used by the Department when inviting a person to attend an interview under caution is not prescribed in law.
When the person attends for interview under caution they are advised at the outset that the notes of the interview will be recorded. The person is also advised that they may leave or terminate the interview at any time, and that they will be asked questions about their entitlement to social welfare payments they have received or are in receipt of. They are also advised that they are not obliged to say anything unless they wish to do so, but that whatever they say will be taken down in writing and may be given in evidence.
