Shane Ross (Dublin South, Independent) | Oireachtas source

One cannot make different judgments. With regard to the penalty points, it seems this is a dangerous area because, as Mr. Callinan stated, it is a matter of discretion. It all is a matter of judgment. Some persons will get off, some will have the points quashed and some will be prosecuted. It will all be a matter of judgment by individual gardaí and then there will be a judgment made by someone else from within the Garda Síochána. It is a dangerous area.

I do not understand why there should be discretion here at all. That is something that is incomprehensible to me. I do not understand why these cases should not go to court so a decision can be made by a court, rather than by a garda, on whether the person is in the right, whether there are extenuating circumstances and what the penalty should be. The idea that there should be a garda there stating, "We will let him off and we will let them off, but we will not let that one off," seems open to abuse. There is too much discretion in that regard. It is asking too much to rely on gardaí to use the sort of discretion the Commissioner might use?

Could the Commissioner answer my question? Why were those making the allegations - certainly, the principal person - not interviewed in this inquiry?