Eoghan Murphy (Dublin South East, Fine Gael)
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On the points Deputy Ross raises, I do not know whether it is within the remit of the Committee of Public Accounts to make comments on the O'Mahoney report as to its findings or, if there was consensus on the committee, how members believe that report was conducted or whether it had weaknesses. The committee must be careful in its own report to stay within the remit of the functions of the Committee of Public Accounts, which is how the system might have led to a loss of revenue to the State. This is what members have done all along and consequently, I do not believe they should stray away from that unnecessarily at this point.

While the issue of discretion is an interesting and important debate, again I question whether it is one for the Committee of Public Accounts, because the committee must work based on evidence. Members have examined the use of discretion at the latter end of the process and systems are being changed to correct that, in order that there no longer is the same discretion as there was, where it had been shown there had been a loss of revenue to the State. Members cannot know about discretion at the front end, that is, at the beginning of the process. Members cannot make judgments about figures and they cannot possibly know how many gardaí might be abusing discretion in such a way. As members do not know how many, they must be very careful if they make allegations in that regard.

The committee must also accept that gardaí need to be able to exercise their own judgment and to use their common sense because that is important for the integrity of the force and for the maintenance of people's confidence in them. They are gardaí for a reason and they must be able to act as they perceive to be appropriate given the situation or the circumstances. Members heard from Sergeant McCabe how discretion was useful and necessary for gardaí at that front end. Consequently, in changing or attempting to change the report, I would be wary lest the Committee of Public Accounts strays beyond what is its role. Members should keep in mind what they have heard and learnt to date in the many hearings they have held.