Oireachtas Joint and Select Committees

Wednesday, 20 October 2021

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Policing, Security and Community Safety Bill 2021: Discussion

Mr. Drew Harris:

I cannot go anywhere near matters from the mid-west because those matters are before the courts and it would be entirely inappropriate for me to comment further on them. Stepping back, however, the general point about discretion is that it is an element which is taught to our trainee gardaí. We have issued instruction on the proper exercise of discretion. Discretion is appropriate whenever gardaí are dealing with members of the public. There are various stages in respect of that discretion such as dealing with individuals through a juvenile liaison scheme or via a fixed charge penalty notice if appropriate. There are a variety of disposals for gardaí to action at the side of the road. It may be just a simple word of advice and a warning. All of that is appropriate in the circumstances in which gardaí find themselves.

I will repeat the comments I made on Monday. Discretion is entirely different from exercising preference and preference has no part in providing a policing service. Preference is wrong if individuals are treated differently. That should not be the case.

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