Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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I have no major issue with this amendment as it is in line with changes in recent years such as multi-agency task forces. I do have an issue with the deletion of subsection 16 on the fact that a Garda must be in uniform. Why is this a requirement? Social welfare inspectors do not wear a uniform so they can act undercover. The same applies to the Revenue Commissioners, though they have a uniform when on duty. It is not the case that every official of the State at a checkpoint is out of uniform and undercover. It was specifically inserted in the legislation that the Garda Síochána or Customs and Excise officer in uniform would accompany a social welfare inspector in the event of an operation against a social welfare fraudster. This was to ensure it was recognised as a State operation. I do not recall the Criminal Asset Bureau, CAB, legislation that allowed secondment to Revenue of gardaí in a similar manner to this legislation. The crimes in those circumstances were on a different level to the fraud that is under discussion here. I am concerned that nobody would be identifiable and in uniform. Not only will members of the Garda not be uniform under this provision but Customs and Excise officers also. Everyone would be in plain clothes. Have there been incidents that made those involved feel it would be better to be undercover? Undercover social welfare inspectors investigate specific fraud cases.

If social welfare inspectors have that level of evidence that they would require to go undercover with members of An Garda Síochána and Customs and Excise, they should hand it over to An Garda Síochána because it is a criminal matter at that stage. I will not push the amendment to a vote, as I am not opposed to the section per se.