Mr. Martin Callinan:

I thank the Deputy for his question. With the Chairman's permission, I would like, first, to outline the three main pillars under which An Garda Síochána operates, which are to be found in our corporate strategy and annual policing plans. Our mission statement refers to working with communities to protect and serve them and to having excellent people delivering policing excellence. The third pillar is something which will be very familiar to all members, namely, our national emblem of the harp. We use the acronym HARP to remind our members that they are charged with the responsibility of enforcing the laws of this land and protecting communities and businesses, in the widest sense. It stands for honesty, accountability, respect and professionalism. Keeping these four values in mind pretty much takes care of the mission statement and the vision for An Garda Síochána.

The Deputy has raised an extremely important issue for us, that is, the enforcement of road traffic legislation and the powers of discretion that arise in that context. As I see it, there are two issues involved. One is the actual processes, procedures and policy involved and compliance with them. The second is discretion. Depending on which lens one uses to look at some of these decisions, one would have a particular view. I can guarantee the committee that if all of us in this room took ten cases, we would probably come up with ten different views of how to process a particular instance. What the administration of the system - the on-the-spot fines system - is all about is applying balance, equality and non-discrimination. It is also about fair procedures and good practice.

I acknowledge the report from the assistant commissioner, Mr. John O'Mahony, and thank him for his assistance, through that very detailed report, in establishing the facts surrounding the allegations in this case. It is very clear from the report that the assistant commissioner did not see any criminality vis-à-vis the documents available to him and he studied many of them. He did not see any fraudulent use of the system; nor did he find corruption or malpractice. However, what he did find which is of particular concern to me was non-compliance, or rather, not full compliance with the policies and procedures in place. In that context, he has made a number of recommendations to me which I fully intend to implement.

I am sure the Deputy is aware that there is also the report I tasked the professional standards unit to produce, in which it, in turn, makes a number of recommendations and some of them cross, as one would naturally expect. On top of this, I am aware of the Minister's statement yesterday when he spoke about the need for the inspectorate to examine these proposals and see if perhaps it might have anything to add and validate, I hope, the recommendations we are making in an effort to strengthen the process and provide the reassurance that is so necessary to satisfy the public that it is not about whom one knows or what one knows but about fair procedures.