Social Welfare Fraud

Tuesday, 7 October 2025

Ceisteanna (386)

Carol Nolan

Ceist:

386. Deputy Carol Nolan asked the Minister for Social Protection whether her Department has a memorandum of understanding or any formal agreement in place with the Office of the Director of Public Prosecutions governing the transmission of case files or information from the Department to the DPP; whether officials within her Department are authorised, under any legislation, formal policy, or agreement, to inform other public bodies that a case file has been, or is to be, referred to the Office of the Director of Public Prosecutions; if such disclosures require the approval of the DPP or are subject to any data protection or confidentiality restrictions; and if he will make a statement on the matter. [53842/25]

Amharc ar fhreagra

Freagraí scríofa

Minister for Social Protection

My department’s policy is to consider the more serious cases of social welfare fraud for prosecution. Cases suitable for prosecution are identified during investigations conducted primarily by the Special Investigation Unit (SIU) of my department and Gardai seconded to SIU. Defined and recognised practice standards, set by the Director of Public Prosecutions (DPP) are applied in considering these cases.

Most offences of social welfare fraud are prosecuted summarily in the District Court under the provisions of Section 272 of the Social Welfare (Consolidation) Act 2005.

More serious cases of social welfare fraud may be referred to the DPP for prosecution on indictment.

My department does not inform other public bodies as to whether a case file has been or is to be referred to the DPP.

I trust this clarifies the matter for the Deputy.