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An Garda Síochána

Dáil Éireann Debate, Tuesday - 18 April 2023

Tuesday, 18 April 2023

Questions (989)

Paul Murphy

Question:

989. Deputy Paul Murphy asked the Minister for Justice in relation to section 15 of the Social Welfare and Pensions Act 2014, which allows for gardaí to be seconded as social welfare inspectors, and 1D which allows them to swap and become gardaí again if necessary; if he will advise if there are guidelines on how to regulate when and how they can swap between these two positions; and if he will make a statement on the matter. [17427/23]

View answer

Written answers

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. 

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