Shane Ross (Dublin South, Independent) | Oireachtas source

No, it is both. The initial discretion to which the clerk referring, in which a garda stops somebody on the side of the road, is obviously also open to abuse. While I take the clerk's point about the distinction, because of the findings we have about it further down the line, members must ask the question about what is happening there as well. It is clearly open to huge abuse. If the gardaí stop people to tell them they are driving at 60 km/h but then let them go on, they should answer questions about that. While I have often heard the point that this is practised overseas, that is no reason for it to be a good thing. It is clear this also is open to abuse and I am questioning whether, because of the committee's findings here, as well as other findings about the practices of the Garda, we should question the right of gardaí to exercise that sort of powerful discretion, which will be and has been abused as well.