Shane Ross (Dublin South, Independent) | Oireachtas source

Sorry Chairman, I have a couple of points I wish to raise on this report, one of which is fundamental. I refer to the comment, I believe it is on page 9, where the committee states it has no problem with the principle of discretion being given to gardaí. That is glossing over the problem somewhat. While I understand the reasons for it to be there, the entire problem members are addressing here is a problem of discretion. Moreover, it is a problem of abuse of discretion and to state the principle is fine but that it is just being abused in 9,400 cases or whatever it is, ducks the issue somewhat. In view of what happened in this case, I have real problems, as I believe do many others, with the issue of giving gardaí discretion. It is a fundamental difficulty to which members have not faced up. The committee must face up to the fact that there was abuse of discretion in so many cases. The report quite rightly refers to gardaí being vulnerable to the accusation of squaring charges but they obviously used discretion wrongly in more than 9,000 cases. They pleaded they were on duty when they were not and members should not duck this issue but should ask why they are abusing this discretion. Moreover, members should ask the radical question as to whether they should be given discretion. If so many of them are abusing it, why should they have it?

The second point I wish to make is there appears to be a reluctance to comment on all the other reports that are going on at present. I refer specifically to the O'Mahoney report as in my view, what happened in that report is highly questionable. There is a reluctance to comment on the findings of the O'Mahoney report. It is questionable because it was soft on the Garda and did not have the same findings as did other reports. It looks as though the committee should be utterly critical of the principle of an internal report and the Garda should never again be allowed to undertake an internal report.

The second one is the Garda Síochána Ombudsman Commission, GSOC, inquiry that is under way at present. Is there any reason the committee should be mealy-mouthed about its own findings or opinion as to what happened there, where its report overlaps with that inquiry? I consider these to be substantial points and perhaps I would be better putting them in a memorandum. I will do this, if the Chairman wishes, for next Tuesday. However, the committee should face up to this and while the detail here is very well researched, for which I thank the Clerk, I believe this substantial points are ducked.