Dáil debates

Tuesday, 21 May 2013

Issuing of fixed ticket charges and exercise of Garda discretion: Statements

 

7:15 pm

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

I read the Minister's press release from 2010 in regard to events involving the then Minister for Defence, Deputy Willie O'Dea. What has changed in his view of such matters in the interim?

The Minister referred to paragraphs (b), (c) and (d) of subsection 41(1) of the Garda Síochána Act 2005. He is giving quite a large scope to the Garda Commissioner under these provisions in respect of what seems essentially to be case of handing over tittle-tattle. How did the Commissioner pick the information up from a traffic garda right through sergeant, inspector, superintendent, chief superintendent, all the way up to himself?

Is it common practice for a Garda Commissioner to report to the Minister when people have been stopped and not charged on a matter? How long did this meeting last because it seems the Minister went through a great deal of minutiae? Do these general briefings take a long time because it seems like a long series of briefings if the Minister got the name of every single member of the public who was stopped that week and not charged or benefited from discretion? Who was at the meeting? Were any of the Minister's special advisers present? Was his private secretary present? Was it just him and the Garda Commissioner? What other senior members of the Garda Síochána were there?

If an individual has not been formally reprimanded why is that information retained? How does it work its way up the system if there have been no charges and nothing has been put on PULSE? What is the Minister's opinion on how a journalist managed conveniently to get their hands on information about the specific incident in which Deputy Wallace was stopped? How were the specifics presented to him because he did not refer to the specifics in the "Prime Time" debate?

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